IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN WEDNESDAY, THE 2ND NOVEMBER 2011 / 11TH KARTHIKA 1933 WP(C).No. 27394 of 2011(Y) -------------------------- PETITIONER(S): --------------- N.SREEDHARAN PILLAI, S/O NANU PILLAI, SIVAMANDIRAM, KAITHACODE, PAVITHRESWARAM VILLAGE, KOLLAM. BY ADV. SRI.B.MOHANLAL SMT.P.S.PREETHA SRI.SAIJU S. SRI.T.PRASAD RESPONDENT(S): --------------- 1. STATE OF KERLA REPRESENTED BY THE SECRETARY, DIARY DEVELOPMENT DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-1 2. THE DEPUTY DIRECTOR, DIARY DEVELOPMENT DEPARTMENT, BEACH ROAD, KOLLAM- 691 001. 3. THE DIARY DEVELOPMENT OFFICER, VETTIKKAVALA P.O, KOTTARAKKARA, KOLLAM (ADMINISTRATOR, THE KAITHACODE KSHEEROLPADAKA SAHAKARANA SANGHAM LTD.) NO:Q-429 (D) APSCOS, KAITHACODE P.O, KOLLAM DISTRICT. PIN-691 543. 4. THE KAITHACODE KSHEEROLPADAKA SAHAKARANA SANGHAM (LTD.) NO.Q 429 (D) APCOS, KAITHACODE P.O, KOLLAM DISTRICT. PIN-691 543. BY GOVT. PLEADER SRI.G.GOPAKUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) No. 27394/2011 APPENDIX PETITIONER(S) EXHIBITS EXT.P1 THE TRUE COPY OF THE RELEVANT PAGES OF THE BYE-LAW OF THE PETITIONER SOCIETY. EXT.P2 THE TRUE COPY OF THE COMMUNICATION ISSUED BY THE 4TH RESPONDENT UNDER RIGHT TO INFORMATION ACT. EXT.P3 THE TRUE COPY OF THE REPRESENTATION DATED 24.8.2011 FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT. RESPONDENTS' EXHIBITS EXT.R2(a). TRUE COPY OF THE LETTER DATED 11.10.2011 /True Copy/ vps PA to Judge P.N.RAVINDRAN, J. --------------------------- W.P.(C) No. 27394 OF 2011 -------------------------- Dated this the 2nd day of November, 2011 J U D G M E N T The petitioner who is a member of a diary co-operative society has filed this writ petition mainly challenging the enrollment of 22 members allegedly from outside the area of operation of the fourth respondent society as its members. The petitioner also seeks postponement of the elections scheduled to be held on 14.11.2011 till such time as the dispute regarding the enrollment of the 22 persons as members in the fourth respondent society is resolved. 2. The petitioner has not pleaded that the 22 persons who are allegedly enrolled as members illegally have been included in the draft voters list published by the Returning Officer. Apart from vaguely stating that the membership given to 22 persons is illegal, the petitioner has not produced any cogent materials to substantiate his contentions. It is not evident from the pleadings as to whether the names of those who are illegally enrolled find a place in the electoral roll. The Returning Officer can only delete the names of voters from WPC No.27394/2011 2 the voters list. He cannot direct expulsion of members who are illegally enrolled. Therefore in the absence of any pleadings to the effect that the names of those who are illegally enrolled find a place in the draft voters list, I am of the opinion that no relief can be granted in this writ petition. The writ petition fails and is accordingly dismissed without prejudice to the right of the petitioner to challenge the election, if he is aggrieved by the result of the election, in other appropriate proceedings. P.N.RAVINDRAN, (JUDGE) vps WPC No.27394/2011 3