IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN FRIDAY, THE 14TH NOVEMBER 2008 / 23RD KARTHIKA 1930 WP(C).No. 33636 of 2008(D) -------------------------- PETITIONER(S): --------------- 1. S.JAFAR KHAN, RESIDING AT SHAJU MANZIL, THOLIKKUZHI, ADAYAMON (PO), KILIMANOOR - 695 614, (MEMBER NO.4912, PAZHAYAKUNNUMMEL SERVICE CO-OPERATIVE BANK LIMITED, NO.1517, KILIMANOOR. 2. N.KUNJAYYAPPAN ASARI, MEMBER NO.1606, PAZHAYAKUNNUMMEL SERVICE CO-OPERATIVE BANK LIMITED NO.1517, KILIMANOOR. 3. A.SHIHABUDHEEN, MEMBER NO.12927, PAZHAYAKUNNUMMEL SERVICE CO-OPERATIVE BANK LIMITED, NO.1517, KILIMANOOR. 4. VINOD M.R., MEMBER NO.11834, PAZHAYAKUNNUMMEL SERVICE CO-OPERATIVE BANK LIMITED NO.1517, KILIMANOOR. 5. R.SREEKUMAR, MEMBER NO.12855, PAZHAYAKUNNUMMEL SERVICE CO-OPERATIVE BANK LIMITED, NO.1517, KILIMANOOR. 6. D.ANILKUMAR, MEMBER NO.1038, PAZHAYAKUNNUMMEL SERVICE CO-OPERATIVE BANK LIMITED, NO.1517, KILIMANOOR. 7. G.PRASANNAKUMARI, MEMBER NO.3874, PAZHAYAKUNNUMMEL SERVICE CO-OPERATIVE BANK LIMITED NO.1517, KILIMANOOR. 8. S.BHUVANENDRAN PILLAI, MEMBER NO.2891, PAZHAYAKUNNUMMEL SERVICE CO-OPERATIVE BANK LIMITED NO.1517, KILIMANOOR. 9. L.SATHYAN, MEMBER NO.12945, PAZHAYAKUNNUMMEL SERVICE CO-OPERATIVE BANK LIMITED NO.1517, KILIMANOOR. 10. S.SATHYADASAN, MEMBER NO.3842, PAZHAYAKUNNUMMEL SERVICE CO-OPERATIVE BANK LIMITED NO.1517, KILIMANOOR. WPC.33636/08 2 11. RANJINI.G., MEMBER NO.11833, PAZHAYAKUNNUMMEL SERVICE CO-OPERATIVE BANK LIMITED NO.1517, KILIMANOOR. 12. T.K.MADHUSOODANAN PILLAI, MEMBER NO.5972, PAZHAYAKUNNUMMEL SERVICE CO-OPERATIVE BANK LIMITED NO.1517, KILIMANOOR. 13. K.BIJU, MEMBER NO.11825, PAZHAYAKUNNUMMEL SERVICE CO-OPERATIVE BANK LIMITED NO.1517 KILIMANOOR. 14. K.VIDYADHARAN, MEMBER NO.1599, PAZHAYAKUNNUMMEL SERVICE CO-OPERATIVE BANK LIMITED NO.1517 KILIMANOOR. 15. S.PRAHARSHAN, MEMBER NO.4830, PAZHAYAKUNNUMMEL SERVICE CO-OPERATIVE BANK LIMITED NO.1517 KILIMANOOR. BY ADV. SRI.NAGARAJ NARAYANAN SRI.RAJAN VELLOTH SRI.SAIJO HASSAN SRI.BENOJ C AUGUSTIN RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, CO-OPERATION DEPARTMENT, GOVERNMENT SECRETARIAT, TRIVANDRUM. 2. REGISTRAR OF CO-OPERATIVE SOCIETIES, TRIVANDRUM. 3. JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES, (GENERAL), TRIVANDRUM. 4. THE RETURNING OFFICER, PAZHAYAKUNNUMMEL SERVICE CO-OPERATIVE BANK LIMITED, NO.1517, KILIMANOOR, TRIVANDRUM DISTRICT, (THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES, ATTINGAL). 5. PAZHAYAKUNNUMMEL SERVICE CO-OPERATIVE BANK LIMITED, NO.1517, KILIMANOOR, TRIVANDRUM DISTRICT. WPC.33636/08 3 6. K.S.RAJAN BABU, SECRETARY-IN-CHARGE, PAZHAYAKUNNUMMEL SERVICE CO-OPERATIVE BANK LIMITED, NO.1517, KILIMANOOR, TRIVANDRUM DISTRICT. R1 TO R4 BY SPEL GOVT. PLEADER SMT.A.G.ANEETHA R5, R6 BY ADV. SRI. K.SIJU SRI.S.SUDHEESHKAR SRI.V.CHITAMBARESH (SR.) THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B.RADHAKRISHNAN, J. ------------------------------------------- W.P(C).No.33636 OF 2008 ------------------------------------------- Dated this the 14th day of November, 2008 JUDGMENT Petitioners allege that they are members of the 5th respondent co-operative bank. They say that their nominations for the election to its committee have been rejected on the ground that they had not remitted an amount which was to be remitted to the bank in terms of Ext.P1 notification. The fact remains that as of now, the result of the election has been declared, since the persons whose nominations were accepted have been declared uncontested. That being so, I do not deem it appropriate for this Court to interfere with such election in writ jurisdiction. Not only that, the question whether an amount of Rs.100/- was to be paid as a prescription of law or provision in Ext.P1 and still further as to whether each among the petitioners had paid that amount are questions on facts and law, which have to gain attention of the appropriate authority. In view of the fact that the petitioners have efficacious alternate remedy under WPC.33636/08 Page numbers Section 69 of the Kerala Co-operative Societies Rules,1969, I find no grounds to entertain this writ petition. It is hence dismissed without prejudice to alternate remedy. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge. kkb.