IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN MONDAY, THE 12TH NOVEMBER 2007 / 21ST KARTHIKA 1929 WP(C).No. 28809 of 2007(D) -------------------------- PETITIONER: ------------ K.V.KARUNAKARAN, DELEGATE VAIKOM TALUK SC/ST LABOUR CONTRACT CO-OPERATIVE SOCIETY LTD NO.751, VAIKOM. KOVAITHARA HOUSE, VADAYAR P.O., THALAYOLAPARAMBU, PIN 686 605. BY ADV. SRI.P.P.JACOB RESPONDENTS: ------------- 1. STATE CO-OPERATIVE ELECTION COMMISSION, THIRUVANANTHAPURAM, REP.BY SECRETARY. 2. THE RETURNING OFFICER/ ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES(G), THIRUVANANTHAPURAM. 3. KERALA STATE FEDERATION OF SC/ST DEVELOPMENT CO-OPERATIVE LTD NO.4351, PEROORKADA, THIRUVANANTHAPURAM, REP.BY ITS MANAGING DIRECTOR. BY ADV. SRI.T.A.SHAJI FOR R3 SMT.T.V.NEEMA SPL. GOVERNMENT PLEADER A.G. ANEETHA FOR R1 AND R2 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12/11/2007, ALONG WITH WPC NO. 23532 OF 2007, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B. RADHAKRISHNAN, J ------------------- W.P.(C).Nos. 28809/2007 & 23532/2007 -------------------- Dated this the 12th day of November, 2007 JUDGMENT These writ petitions are filed in relation to an election to the Co-operative Society. The petitioners had also participated in the election. Even if the question of reservation under Section 28A of the KCS Act in terms of election notification is in dispute, the petitioners had adequate alternate remedy by way of procedure under the Act for resolution of the election dispute. Under such circumstances, these writ petitions are dismissed without prejudice to the right of the petitioners to take recourse to such proceedings. The interim orders are vacated and declaration of the results of the election will however, be subject to the final orders in any election petition that the petitioners may file. THOTTATHIL B. RADHAKRISHNAN Judge mrcs