IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 20TH JULY 2009 / 29TH ASHADHA 1931 WP(C).No. 20346 of 2009(K) -------------------------- PETITIONER(S): --------------- 1. M.T.HARIKUMAR,S/O.THANKAPPA PANICKER, METHARAYIL HOUSE,PARUMALA P.O., THIRUVALLA TALUK. 2. KOCHUKUNJU,S/O.KUNJACHAN, KATTITHARA HOUSE,PARUMALA P.O., THIRUVALLA TALUK. BY ADV. SRI.BABU CHERUKARA RESPONDENT(S): --------------- 1. THE RETURNING OFFICER, PARUMALA MILK PRODUCERS CO-OPERATIVE SOCIETY LTD.NO.PT 6 (D),APCOS,PARUMALA P.O., (VIA) TIRUVALLA. 2. DEPUTY DIRECTOR, DAIRY DEVELOPMENT DEPARTMENT,PATHANAMTHITTA. 3. MILK PRODUCERS CO-OPERATIVE SOCIETY LTD. NO.PT 6 (D),APCOS,PARUMALA,THIRUVALLA TALUK, REP.BY IT'S SECRETARY. BY GOVT. PLEADER SRI. K.C. SANTHOSHKUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC,J. --------------------- W.P.(C).No.20346 OF 2009 ------------------------ Dated this the 20th day of July, 2009. JUDGMENT Election to the Managing Committee of the 3rd respondent is scheduled to be held on 4.8.2008 and it is seen from the records that final voters lists have also been published on 7.7.2009. In this writ petition, petitioners submit that some of the persons included in the final voters list are ineligible to continue as members of the society. On that ground they had also objected to Ext.P7 preliminary voters list also. In my view, at this stage this court will not be justified in exercising the power under Artl.226 and directing that election should be deferred until the controversy about the eligibility of the members is resolved. If as stated by the petitioners, they are aggrieved by the continuance of the ineligible members, it is always open to them to seek statutory remedies against the election. Writ Petition is dismissed. (ANTONY DOMINIC) vi JUDGE