IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 21ST AUGUST 2009 / 30TH SRAVANA 1931 WP(C).No. 24153 of 2009(L) -------------------------- PETITIONER(S): --------------- THULASI NARAYANAN, MEMBER NO.10586, CHEMMARUTHY SERVICE CO-OPERATIVE BANK, RESIDING AT POYKAY VEEDU, MUTHANA P.O., CHEMMARUTHY VILLAGE, CHIRAYINKEEZHU TALUK, CHIRAYINKEEZHU TALUK, THIRUVANANTHAPURAM DISTRICT. BY ADV. SRI.M.R.RAJESH SMT.A.K.PREETHA RESPONDENT(S): --------------- 1. THE KERALA STATE CO-OPERATIVE ELECTION COMMISSION, THIRUVANANTHAPURAM. 2. ELECTORAL OFFICER FOR THE ELECTION TO THE ADMINISTRATIVE COMMITTEE OF THE CHEMMARUTHY SERVICE CO-OPERATIVE BANK LTD. NO.T.328 FOR THE ELECTION TO BE HELD ON 23.08.09, WHO IS THE ASST. REGISTRAR, CHIRAYINKEEZHU CO-OP.SO.CIRCLE(GENERAL) O/O.CHIRAYINKEEZHU CO-OP.SOC.CIRCLE(GEN.)ATTINGAL. 3. THE RETURNING OFFICER FOR THE ELECTION TO THE ADMN.COMMITTEE OF THE CHEMMARUTHY SERVICE CO-OP.BANK.LTD.NO.T.328 FOR THE ELECTION TO BE HELD ON 23.08.2009 WHO IS THE CO-OP.INSPECTOR, KALLAMBALAM UNIT, O/O.THE ASST.REGISTRAR OF THE CHIRAYINKEEZHU CO-OP.SO.(GEN), ATTINGAL. 4. THE CHEMMARUTHY SERVICE CO-OPERATIVE BANK LTD.NO.T.328, REPRESENTED BY ITS SECRETARY, PANAYARA, PIN 695145. 5. CHITHRA S., CHANDRAKANTHAM, PONGIL, MAVINMOODU, CHIRAYINKEEZHU TALUK, THIRUVANANTHAPURAM DISTRICT. 6. R.RAVEENDRAN UNNITHAN, KALLUVILA VEEDU, CHEMMARUTHY, VADASSERIKONAM P.O., CHIRAYINKEEZHU TALUK, THIRUVANANTHAPURAM DISTRICT. 7. R.VALSALAKUMARI, PANAYIL VEEDU, PANAYARA P.O., CHIRAYINKEEZHU TALUK, THIRUVANANTHAPURAM DISTRICT. /2/ 8. SULEKHA SADANANDAN, KALLUVETTAMJONAM, VADASSERIKONAM P.O., CHIRAYINKEEZHU TALUK, THIRUVANANTHAPURAM DISTRICT. 9. A.AMEERUDEEN, MAJEED MANZIL, THOKKAD P.O CHIRAYINKEEZHU TALUK, THIRUVANANTHAPURAM DISTRICT. 10. K.RAJU, PUTHEN BUNGLAW, PANAYARA P.O., CHIRAYINKEEZHU TALUK, THIRUVANANTHAPURAM DISTRICT. 11. K.RAVEENDRAN UNNITHAN, KANNAKARA VEEDU, PANAYARA P.O., CHIRAYINKEEZHU TALUK, THIRUVANANTHAPURAM DISTRICT. 12. RADHAKRISHNAN UNNITHAN, KULATHU VEEDU, PANAYARA P.O., CHIRAYINKEEZHU TALUK, THIRUVANANTHAPURAM DISTRICT. 13. K.VASAPPAN PILLAI, RAJU VILASOM, THARATTA, THOKKAD P.O., CHIRAYINKEEZHU TALUK, THIRUVANANTHAPURAM DISTRICT. 14. MANOJ BABU, MANOJ VILASOM, COLONY MUTTAPPALM P.O., CHIRAYINKEEZHU TALUK, THIRUVANANTHAPURAM DISTRICT. 15. C.JAYAPRAKASH, SANTHA COTTAGE, MUTTAPPALAM, MUTTAPPALAM P.O., CHIRAYINKEEZHU TALUK, THIRUVANANTHAPURAM DISTRICT. 16. PRAKASH SREENIVASAN, MELEPOIKA VEEDU, MUTHANA, CHIRAYINKEEZHU TALUK, THIRUVANANTHAPURAM DISTRICT. 17. GRACY V., N.V.SADANAM, PANAYARA P.O., VARKALA, CHIRAYINKEEZHU TALUK, THIRUVANANTHAPURAM DISTRICT. 18. VINAYAN P., LAKSHMI NIVAS, KOVUR, PALAYAMKUNNU P.O., CHIRAYINKEEZHU TALUK, THIRUVANANTHAPURAM DISTRICT. 19. SATHYASEELAN GOVINDAN, SARAS (SATHYA VILASOM), PALAYMKUNNU P.O., CHIRAYINKEEZHU TALUK, THIRUVANANTHAPURAM DISTRICT. 20. A.JAYATHILAKAN, SATHYALAYAM, CHEMMARUTHY, VADASSERIKONAM P.O., CHIRAYINKEEZHU TALUK, THIRUVANANTHAPURAM DISTRICT. 21. R.SASIDHARA KURUP, GEETHA MANDIRAM, MUTHANA, MUTHANA P.O., CHIRAYINKEEZHU TALUK, THIRUVANANTHAPURAM DISTRICT. BY GOVT. PLEADER SRI. K.C. SANTHOSHKUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC,J. --------------------- W.P.(C).No.24153 OF 2009 ------------------------ Dated this the 21st day of August, 2009. JUDGMENT Petitioner submits that he is a candidate in the election to the Board of Directors of Chemmaruthy Service Co-operative Bank. According to the petitioner, Ext.P2 is the final list of candidates, which includes one Sri. Manoj Babu at Sl. No.10, a candidate belonging to SC/ST, contesting from ward No.3. It is stated that based on the final list, petitioner published the leaf lets and a copy of which is Ext.P3. According to the petitioner, without any intimation, what so ever, Sri. Manoj Babu was declared as elected and that as a result of which there is a variation in the serial numbers of the candidates as indicated in Ext.P2. It is stated that this has been done to cause prejudice to the petitioner and it caused confusion among the voters. Referring to Ext.P4, a notice published by the WP(c).No.24153/09 2 rival fraction, counsel contends that such action of the authorities is only to give advantage to the candidates belong to the rival faction. 2. Admittedly, there was no candidate contesting against Sri. Manoj Baby from the ward in question. If that be so, prima facie there is nothing illegal in declaring him elected. If in the process any prejudice has been cased or whether such action was deliberately done to give advantage to the rival faction, these are matters which are to be established by adducing evidence. Such adjudication of the dispute is not possible in a proceedings under Art.226 of the Constitution of India. 3. True, counsel for the petitioner contended that, once final list of the candidates have been finalized it is impermissible to make any variation. However, in this case, I do not think that this contention cannot be sustained for the reason that candidate in question was declared as elected without any opposition. Necessarily, therefore the result has to be declared and election has to be confined to the WP(c).No.24153/09 3 candidates from the remaining wards. Therefore, leaving open the contentions raised and without prejudice to the right to pursue statutory remedies, the writ petition is disposed of. (ANTONY DOMINIC) JUDGE vi/ WP(c).No.24153/09 4