IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN MONDAY, THE 9TH JUNE 2008 / 19TH JYAISHTA 1930 WP(C).No. 17008 of 2008(Y) -------------------------- PETITIONER: ------------ MUKUNDAN CHANDROTH, S/O.P.P.KANNAN NAIR, SANTI NILAYAM, OLADATHAZHAYAN, KANNUR DIST. BY ADV. SRI.C.A.JOSEPH SRI.K.K.MOIDEEN RESPONDENTS: ------------- 1. THE ELECTION COMMISSIONER, OFFICE OF THE KERALA STATE CO-OPERATIVE ELECTION COMMISSION, THIRUVANANTHAPURAM. 2. THE RETURNING OFFICER, AZHIKODE GULF RETURNIES WELFARE CO-OPERATIVE SOCIETY NO.C.1615, ASSISTANT REGISTRAR (GENL) OFFICE, KANNUR-2. 3. THE AZHIKODE GULF RETURNIES WELFARE CO-OP.SOCIETY LTD.NO.C.1615, REPRESENTED BY ITS SECRETARY, P.O.AZHIKODE, KANNUR DISTRICT. 4. C.P.ABDURAHIMAN, C.K.HOUSE, TOLL GATE, VALAPATTANAM P.O., KANNUR DISTRICT. 5. MANGADAN MALLIKA, COLONY GATE, POOTHAPARA, AZHIKODE P.O., KANNUR DISTRICT. 6. K.P.RAJAN NAMBIAR, RAJBHAVAN, AZHIKODE P.O., KANNUR DISTRICT. 7. P.S.MOHANAN, ANURAGH, PALLIKKUNNU P.O., KANNUR DISTRICT. 8. K.P.LATHEESH KUMAR, UMMAKKAN HOUSE, P.O.AZHIKODE, KANNUR DISTRICT. WP(C).17008/08 2 9. C.SARASWATHI, CHANDROTH HOUSE, P.O.AZHIKODE, KANNUR DISTRICT. 10. M.UNNIKRISHNAN, MULAKKULATH ILLOM, POOTHAPARA, AZHIKODE P.O., KANNUR DISTRICT. 11. K.D.ESSAKUTTY, BLANGAPURATH HOUSE, P.O.AZHIKODE, KANNUR DISTRICT. 12. P.P.CHANDRASEKHARAN, PAZHAYAPURAYIL HOUSE, VANKULATHAVAYAL, P.O.AZHIKODE, KANNUR DIST. R1 BY SR.GOVT. PLEADER SMT.ANU SIVARAMAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B.RADHAKRISHNAN, J. ------------------------------------------- W.P(C).No.17008 OF 2008 ------------------------------------------- Dated this the 9th day of June, 2008 JUDGMENT The petitioner challenges the counting of votes in an election in a co-operative society. He states that counting was improperly done and that votes polled for one candidate was counted in the name of another. Different other contentions are also raised regarding the counting. This is not a matter on which a writ petition needs to be entertained since any election dispute has to be agitated before the competent authority under the Statute. Hence, without prejudice to the right of the petitioner to move for alternate remedy, this writ petition is dismissed. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge kkb.9/6.