IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN FRIDAY, THE 14TH NOVEMBER 2008 / 23RD KARTHIKA 1930 WP(C).No. 32221 of 2008(J) -------------------------- PETITIONER(S): --------------- S.JAFAR KHAN, RESIDING AT SHAJU MANZIL, THOLIKKUZHI,ADAYAMON (P.O.) KILIMANOOR-695614, (MEMBER NO.4912,PAZHAYAKUNNUMMEL SERVICE CO-OPERATIVE BANK LIMITED, NO. 1517,KILIMANOOR) BY ADV. SRI.NAGARAJ NARAYANAN SRI.RAJAN VELLOTH SRI.SAIJO HASSAN SRI.A.S.SABU SRI.BENOJ C AUGUSTIN RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, CO-OPERATION DEPARTMENT, GOVERNMENT SECRETARIAT, TRIVANDRUM. 2. REGISTRAR OF CO-OPERATIVE SOCIETIES, TRIVANDRUM. 3. JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES, (GENERAL), TRIVANDRUM. 4. PAZHAYAKUNNUMMEL SERVICE CO-OPERATIVE BANK LIMITED, NO.1517, KILIMANOOR, TRIVANDRUM DISTRICT. 5. K.S.RAJAN BABU, SECRETARY-IN-CHARGE, PAZHAYAKUNNUMMEL SERVICE CO-OPERATIVE BANK LIMITED, NO.1517, KILIMANOOR, TRIVANDRUM DISTRICT. R1 TO R3 BY SPEL GOVT. PLEADER SMT.A.G.ANEETHA R4, R5 BY ADV. SRI.V.CHITAMBARESH (SR.) SRI.S.SUDHEESHKAR SRI.PRATHEESH.P SRI. K.SIJU THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B.RADHAKRISHNAN, J. ------------------------------------------- W.P(C).No.32221 OF 2008 ------------------------------------------- Dated this the 14th day of November, 2008 JUDGMENT This writ petition is filed seeking a direction that the 5th respondent shall not meddle with the electoral process for the election to the committee of the 4th respondent society. The allegation is that even after his retirement from service, the 5th respondent is being permitted to continue in office. In response, respondents 4 and 5 have placed a counter affidavit producing, among other things, Ext.R5(a), which contains a decision of the Government granting sanction to appoint the 5th respondent. That is a decision of the Government. It apparently has support of Rule 185 A of the Kerala Co-operative Societies Rules, 1969. That decision is made following a communication of the Registrar, as can be seen from Ext.R5(a). Hence, prima facie, the continuance of the 5th respondent on the strength of Ext.R5 (a) cannot be interfered with by this Court even when there is no challenge, as of now, to that decision. Hence, this writ petition is WPC.32221/08 Page numbers dismissed. It is clarified, at the request of the petitioner, that the dismissal of this writ petition is without affirming the correctness or otherwise of Ext.R5(a) and without prejudice to the right, if any, of the petitioner to challenge the same. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge. kkb.