IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 27TH JULY 2009 / 5TH SRAVANA 1931 WP(C).No. 21027 of 2009(W) -------------------------- PETITIONER(S): --------------- 1. ABDUL MUNAF, S/O.ABDUL RAYAMMARAKKAR HOUSE, PADOOR P.O., VENKITANGU VILLAGE, VENKITENGU VILLAGE, VENKITENGU P.O., CHAVAKKAD. 2. K. VENUGOPAL, KIZHUVEETTIL HOUSE, VENKITANGU VILLAGE, VENKITENAGU P.O. 3. K.P. PAUL, KANJIRATHINKAL, PADOOR P.O., VENKITANGU VILLAGE. BY ADV. SRI.K.HARILAL RESPONDENT(S): --------------- 1. STATE OF KERALA, REP. BY THE SECRETARY CO-0P DEPARTMENT, THIRUVANANTHAPURAM. 2. REGISTRAR OF CO-OPERATIVE SOCITIES, THIRUVANANTHAPURAM. 3. ASSISTANT REGISTRAR (G), ELECTORAL OFFICER, OFFICE OF THE ASSISTANT REGISTRAR, CO-OPERATIVE CIRCLE (G), CHAVAKKAD, CHAVAKKAD P.O. 4. UNIT INSPECTOR (RETURNING OFFICER) THALIKKULAM UNIT, OFFICE OF THE ASSISTANT REGISTRAR OF CO-OP SOCIETIES, CHAVAKKAD. 5. STATE CO-OPERATIVE ELECTION, COMMISSION, CO-TOWER, PALAYAM, THIRUVANANTHAPURAM. 6. VENKITANGU FARMERS CO-OPERATIVE BANK LTD., NO.R, 187, VENKITANGU, REPRESENTED BY GOVT. PLEADER SRI. K.C. SANTHOSHKUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC,J. --------------------- W.P.(C).No.21027 OF 2009 ------------------------ Dated this the 27th day of July, 2009. JUDGMENT Petitioners are members of the 6th respondent, a Co- operative Bank. Their grievance in this writ petition is regarding Ext.P2, a final voters list published for the election to the Managing Committee of the 6th respondent. Petitioners contend that going by Ext.P1 election notification and Ext.P6 bye-laws of the Society, the area of operation of the Society is spread over 8 wards and the final voters list that is now published is a consolidated one, without any bifurcation of the voters into different wards, in which the area of operation of the society is divided. According to the petitioners, this has been done deliberately with the mala fide intention of creating confusion and difficulty in identifying the voters and to pave way for impersonation in the election. WP(c).No.21027/09 2 2. Ext.P1 election notification and Ext.P6 bye-laws only provide that there shall be representation in the managing committee from each of the wards, over which the Society has its area of operation. However, there is no provision either in Ext.P2 notification or in Ext.P6 bye laws requiring the Society or the Electoral Officer to prepare voters list separately for each of the wards. Neither is there any provisions in the Co- operative Societies Act or the Rules which requires the Society to prepare voters list as contended by the petitioners. If so the voters list cannot be said to be illegal for any reason. 3. As far as their grievance that the list now prepared is capable of being misused by creating confusion and difficulty in identifying the voters leading to impersonation is concerned, I feel that the capability of misusing the voters lists itself cannot invalidate the list, requiring this court to exercise its extra ordinary power under Artl.2226. In case the list is misused and impersonation is practiced, the remedy of the petitioners is to file an election petition. Therefore, I am not satisfied that the petitioners have made out a case for interference. WP(c).No.21027/09 3 Writ Petition fails and is dismissed. vi (ANTONY DOMINIC) JUDGE WP(c).No.21027/09 4