IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN THURSDAY, THE 20TH NOVEMBER 2008 / 29TH KARTHIKA 1930 WP(C).No. 34317 of 2008(I) -------------------------- PETITIONER(S): --------------- D.MOHANAN PILLAI, M. NO. 2520, Q 132 KOTTANKARA SERVICE CO-OP BANK RESIDING AT KANNAKARA PADINJATTATHIL, CHANDANATHOPPU P.O., KOLLAM. BY ADV. SRI.PRATHEESH.P RESPONDENT(S): --------------- 1. THE STATE CO-OPERATIVE ELECTION COMMISSION, TVM, REP. BY ITS SECRETARY. 2. THE REGISTRAR FO CO-OP SOCITIES, TVM. 3. JOINT REGISTRAR OF CO-OP SOCIETIES, (GENERL), KOLLAM. 4. THE RETURNING OFFICER, KOTTANKARA SERVIC E CO-OP BANK LTD., NO.Q 132, CHANDANATHOPPU P.O., KOLLAM. 5. KOTTANKARA SERVICE CO-OP BANK LTD., NO. Q 132, CHANDANATHOPPU P.O., KOLLAM. 6. KOTTANKARA SERVICE CO-OP BANK LTD, NO. Q 132. 7. KOTTANKARA SERVICE CO-OP BANK LTD., NO. Q 132, CHANDANATHOPPU P.O., KOLLAM REP. BY ITS SECRETARY. R1 TO R4 BY GOVT. PLEADER SRI.I.V.PRAMOD THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B.RADHAKRISHNAN, J. ------------------------------------------- W.P(C).No.34317 OF 2008 ------------------------------------------- Dated this the 20th day of November, 2008 JUDGMENT The petitioner contends that election in terms of Ext.P2 notification is about to be held on 23.11.2008 by including more than 230 ineligible persons, who, according to the petitioners, are disentitled to vote having regard to clauses 4 and 5 (a) of Ext.P1 byelaws. Ineligibility to vote and inclusion in the final voters list are matters which could be appropriately raised in an election dispute, if the election is under challenge. No purpose will be served by entertaining this writ petition at this point of time since the democratic process of having an election need not be held back. The writ petition is dismissed without prejudice to contentions. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge. kkb.