IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN MONDAY, THE 12TH JANUARY 2009 / 22ND POUSHA 1930 WA.No. 42 of 2009() ------------------- AGAINST ORDER IN W.P.No.31774/2008 dt.12.12.2008 --------------------------------- APPELLANT: -------------- AITHAPPA.P. AGED 59 YEARS, S/O.KUNHA.P R/AT GOURIADKKAM, P.O.MORRAR, KASARAGOD DIST. BY ADV. SRI.KODOTH SREEDHARAN RESPONDENT: --------------- 1. KASARAGOD PRIMARY CO-OPERATIVE AGRICULTURAL & RURAL DEVELOPMENT BANK LTD NO.FF- 113,KASARAGOD 671121,REPRESENTED BY ITS SECRETARY 2. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL) KASARAGOD. 3. THE STATE CO-OPERATIVE ELECTION COMMISSION, OFFICE OF THE KERALA STATE CO-OPERATIVE ELECTION COMMISSION, THIRUVANANTHAPURAM. GOVT.PLEADER, SMT.R.BINDU. THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 12/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K. BALAKRISHNAN NAIR & K.SURENDRA MOHAN, JJ. ---------------------------------------- W.A.No. 42 OF 2009 ---------------------------------------- Dated this the 12th day of January, 2009 J U D G M E N T ~~~~~~~~~~~ Balakrishnan Nair, J. The petitioner in W.P.(C) No.31774/2008 is the appellant. The said writ petition was heard along with W.P.(C) Nos.30413 and 31127/2008 and the learned Single Judge issued certain directions regarding the holding of the election, pending further consideration of the above writ petition. The relevant portion of the said order reads as follows: “In the light of what is stated above, the following orders are provisionally issued as interlocutory, to govern the electoral process, pending further consideration of these writ petitions: i) The nomination papers of the petitioners in W.P.(C) No.31127/2008 would be accepted and they will also be treated as candidates in the election, subject to further orders. ii) The Administrator in office will promptly draw up a resolution, fixing the date for polling and will intimate the same to the Election Commission through proper channel, following which, polling will be held on that date. iii) The votes of those persons admitted to membership on the basis of the resolution dated 30.8.2008 will be collected in a separate ballot box. The declaration of W.A.No.42/2009 2 the result will be withheld to obtain further orders from this Court. iv) The Electoral Officer and the Returning Officer will ensure that the votes are counted and results maintained in a sealed cover.” Attacking the above order, this writ appeal is filed. 2. The learned counsel for the appellant submitted that the resolution based on which the election process commenced has already been rescinded by the Joint Registrar. So, the present election is going to be an empty formality. Other contentions are also raised. But, we notice that what is issued is only certain interim directions, pending final decision in the writ petition. The learned Judge has taken steps to safeguard the interests of all concerned. It was specifically ordered that the votes of members who were admitted by resolution dated 30.8.2008 should be collected in a separate ballot box. Whether they are entitled to vote is one of the contentions raised in the writ petition. It was also ordered that the results of the election shall not be published and shall be kept in a sealed cover. So, the holding of the election subject to the above conditions will not affect the rights or the contentions of the writ petitioner. W.A.No.42/2009 3 Going by the decision of this Court concerning the maintainability of the appeals against interim orders under Section 5 of the Kerala High Court Act, we find that no ground has been made out to interfere with the impugned order. Accordingly, the writ appeal fails and it is dismissed. (K.BALAKRISHNAN NAIR, JUDGE) (K.SURENDRA MOHAN, JUDGE) ps