IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN FRIDAY, THE 9TH JANUARY 2009 / 19TH POUSHA 1930 Con.Case(C).No. 9 of 2009(S) ---------------------------- AGAINST THE JUDGEMENT IN W.P.(C).NO.24428/2008 DATED 23/09/2008. .................... PETITIONER/ 1ST PETITIONER IN W.P.(C): ------------------------------------------------------------ K.K.DHARAMAPALAN, KADAVIL HOUSE, TRANSIT VILLA, P.O.KANJANI, THRISSUR. BY ADV. SRI.T.RAJASEKHARAN NAIR. RESPONDENTS/ 1ST & 4TH RESPONDENT IN W.P.(C): ----------------------------------------------------------------------------- 1. K.P.SIVAN KUTTY, RETURNING OFFICER, (CO-OPERATIVE INSPECTOR, ADAT UNIT), THE TRICHUR DISTRICT HUMAN RESOURCES DEVELOPMENT CO-OPERATIVE SOCIETY LTD., PUTHENPURAKAL BUILDING, POOTHOLE ROAD, TRICHUR 680 004. 2. V. RADHAKRISHNAN, THE JOINT REGISTRAR OF CO-OPERATIVE (GENERAL), TRICHUR. BY THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP FOR ADMISSION ON 09/01/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. THOTTATHIL B. RADHAKRISHNAN, J. = = = = = = = = = = = = = = = = = = = = = = = = Cont.Case(C).No.9 of 2009-S = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 9th day of January, 2009. JUDGMENT This contempt of court case is filed alleging non-compliance of the directions contained in Annexure-A judgment dated 23-9-2008 on WP(C). 24428/2008. That writ petition related to certain issues in the course of the conduct of an election to the committee of a co-operative society. Directions were issued in Annexure-A judgment to preserve, in particular manner, the votes polled, so that any person challenging the result of the election before the competent authority under Section 69 of the KCS Act will not be deprived of appropriate opportunity and materials for adjudication of such a dispute. Obviously, if there was no election dispute, the complaint of the petitioners in that writ petition regarding the alleged erroneous COC9/09 -: 2 :- inclusion and erroneous exclusion of persons as members in the society would continue. The direction in the last sentence of that judgment that Ext.P6 complaint would be looked into by the Joint Registrar was therefore issued. The question of inclusion or exclusion of persons in the voters' list may be an issue raised in the election dispute. If that is so, it would not be appropriate to direct the Joint Registrar also to decide that issue as of now. The learned counsel for the petitioner very fairly stated that an election dispute has been raised and it is pending adjudication. Under the aforesaid circumstances, I find no case of contempt being made out as of now. This contempt of court case fails and the same is dismissed without prejudice. THOTTATHIL B. RADHAKRISHNAN, JUDGE. Sha/090109