IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN MONDAY, THE 4TH JULY 2011 / 13TH ASHADHA 1933 WA.No. 910 of 2011() -------------------- (AGAINST JUDGMENT IN WPC NO.15857/2011 OF THE HIGH COURT OF KERALA) APPELLANTS/PETITIONERS ------------------------- 1. P.RAJASEKHARAN PILLAI, USHA BHAVANAM, MIDAPPALLY, PANMANA P.O., CHAVARA, KOLLAM. 2. G.HARIKUMAR, SREEMANGALATH, MIDAPPALLY, PANMANA P.O., CHAVARA, KOLLAM. 3. S.N.BINU KUMAR, SREE VILASOM, VADUTHALA, PANMANA P.O., PUTHENCHANTHA, KOLLAM. BY ADV. SRI.V.G.ARUN RESPONDENTS/RESPONDENTS -------------------------- 1. THE RETURNING OFFICER,K.M.M.L.LAPPA CONSTRUCTIONS AND LABOUR CONTRACT CO-OPERATIVE SOCIETY LTD.NO.Q-1345,TITANIUM COMPLEX, SANKARAMANGALAM,CHAVARA,KOLLAM DISTRICT-691583. (SENIOR INSPECTOR OF CO-OPERATIVE SOCIETIES, ARBITRATION AND EXECUTION-II,OFFICE OF THE 2. THE ASSISTANT REGISTRAR (GENERAL) OF CO-OPERTIVE SOCIETIES, KARUNAGAPPALLY, KOLLAM DISTRICT-690 518. 3. K.M.M.L.LAPPA CONSTRUCTIONS AND LABOUR CONTRACT CO-OPERATIVE SOCIETY LTD.NO.Q-1345, TITANIUM COMPLEX, SANKARAMANGALAM, CHAVARA, KOLLAM DISTRICT-691 583, REPRESENTED BY ITS SECRETARY. SRI.P.C.IYPE, ADDL. ADVOCATE GENERAL FOR R1 & R2 THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 04/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N.RAMACHANDRAN NAIR & P.S.GOPINATHAN, JJ. .................................................................... Writ Appeal No.910 of 2011 .................................................................... Dated this the 4th day of July, 2011. JUDGMENT Ramachandran Nair, J. Writ Appeal is filed against judgment of the learned Single Judge declining to interfere with the election notified to the Board of Directors of the third respondent-Society. Appellant's case is that 49 additional members are enrolled and the same is done without even verifying their eligibility for membership. The Society's strength was only 55 and if additional 49 members are enrolled, then there is virtual doubling of the strength of members of the Society. If there is irregularity in admission of members in the way alleged by the appellants, certainly there is ground for interference. However, the appellants are not able to assert the ineligibility of the 49 members for admission, though they doubt their eligibility. This is certainly a matter which could be raised before the Election Court in an Election Petition which the appellants are free to file. We do not find any ground to interfere with the election notified. We are sure the Election Court will W.A. 910/2011 2 attach sufficient importance to the challenge against admission of new members because since addition is almost equal number, the same has affected the constitution of the Society. Writ Appeal is dismissed with the above observation. C.N.RAMACHANDRAN NAIR Judge P.S.GOPINATHAN Judge pms