IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN WEDNESDAY, THE 9TH NOVEMBER 2011 / 18TH KARTHIKA 1933 WP(C).No. 29765 of 2011(U) ---------------------------------------- PETITIONER(S): ------------------------ V.A.SHAMSUDEEN, (MEMBERSHIP NO.24), SHIJAS MANZIL, C.MADHAVAN ROAD, MANNAM P.O., NORTH PARAVUR. BY ADV. SRI.M.V.BOSE SRI.VINOD MADHAVAN RESPONDENT(S): ---------------------------- 1. THE ASSISTANT REGISTRAR (GENERAL) OF CO-OPERATIVE SOCIETIES, N.PARAVUR, PIN-683 513. 2. THE RETURNING OFFICER, SENIOR INSPECTOR/OFFICE INSPECTOR, OFFICE OF THE ASSISTANT REGISTRAR (GENERAL) OF CO-OPERATIVE SOCIETIES, N.PARAVUR, PIN-683 513. 3. THE PARAVUR TALUK MERCHANTS, CO-OPERATIVE SOCIETY LTD.NO.E.1060, N.PARAVUR REPRESENTED BY ITS SECRETARY, PIN-683 513. R1 & R2 BY GOVERNMENT PLEADER SRI.G.GOPAKUMAR R3 BY ADV. SRI.V.G.ARUN SRI.T.R.HARIKUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts WP(C)NO.29765/2011 APPENDIX PETITIONER(S) EXHIBITS EXHIBIT P1- TRUE COPY OF THE COMPLAINT OF THE PETITIONER DATED 12.10.2011. EXHIBIT P2- TRUE COPY OF THE LIST OF 113 MEMBERS. EXHIBIT P3- TRUE COPY OF THE INFORMATION DATED 6.9.2011 RECEIVED FROM ALANGAD GRAMA PANCHAYAT. EXHIBIT P4- TRUE COPY OF THE INFORMATION DATED 7.9.2011 OBTAINED FROM KARUMALLUR GRAMA PANCHAYAT. EXHIBIT P5- TRUE COPY OF THE INFORMATION DATED 25.8.2011 RECEIVED FROM VADAKKEKARA GRAMA PANCHAYAT. EXHIBIT P6- TRUE COPY OF THE INFORMATION RECEIVED FROM CHITTATTUKARA GRAMA PANCHAYAT. EXHIBIT P7- TRUE COPY OF THE LETTER DATED 29.10.2011 FORM THE SOCIETY. EXHIBIT P8- TRUE COPY OF THE ELECTION NOTIFICATION DATED 24.10.2011. EXHIBIT P9- TRUE COPY OF THE VOTERS LIST. EXHIBIT P10- TRUE COPY OF THE COMPLAINT DATED 31.10.2011 BEFORE THE RETURNING OFFICER. EXHIBIT P11- TRUE COPY OF THE REPLY DATED 4.11.2011. RESPONDENTS' EXHIBITS : NIL /TRUE COPY/ P.S.TO.JUDGE sts P.N.RAVINDRAN, J. ----------------------------------------- W.P(C).No.29765 of 2011 ----------------------------------------- Dated this the 9th day of November, 2011 JUDGMENT The petitioner is a member of the third respondent co- operative society. Elections to the Managing Committee of the third respondent society are scheduled to be held on 1.12.2011. Ext.P8 is a copy of the election notification issued in that regard by the second respondent. Along with Ext.P8 election notification a draft voters list, a copy of which is produced as Ext.P9, was published. The last date stipulated for submission of objections to the draft voters list was 3.11.2011. The petitioner filed objections evidenced by Ext.P10. The said objections were overruled and he was informed of the same by Ext.P11 letter dated 4.11.2011. On that day the final voters list was also published. In this writ petition the petitioner seeks an order restraining the respondents from holding the elections pursuant to Ext.P8 election notification based on Ext.P9 voters list. 2. The petitioner had even before the election notification was issued, sent Ext.P1 letter dated 12.10.2011 to the Secretary W.P(C).No.29765 of 2011 -:2:- of the third respondent society enclosing along with it Ext.P2 list containing the names of 113 members. He contended that the said persons have become ineligible to continue as members of the third respondent society as they have ceased to be owners of the establishments referred to therein. In support of the said contention he produced Exts.P3 to P6 letters received from various Grama Panchayats to the effect that the various establishments named therein have not obtained renewal of the D & O licences for the period 2011-2012. The Managing Committee examined the said objection and rejected it on the ground that after the election notification is published the Managing Committee cannot tinker with the voters list. The petitioner was informed of the said decision by Ext.P7 letter dated 29.10.2011. The petitioner thereupon filed Ext.P10 objections before the Returning Officer raising the very same contentions. The Returning Officer overruled the objections and informed the petitioner that the list contains only the names of eligible members. Hence this writ petition. ` 3. I heard Sri.M.V.Bose, learned counsel appearing for the petitioner. I have also gone through the pleadings and the materials on record. Shorn of details, the objection raised by the W.P(C).No.29765 of 2011 -:3:- petitioner to the inclusion of 113 persons named in Ext.P9 voters list is that they have ceased to be owners of the establishments and are therefore ineligible to continue as members of the third respondent society. Such a contention is raised relying on Exts.P3 to P6 letters received by the petitioner from Secretaries of various Grama Panchayats under the Right to Information Act. The petitioner has not produced the application filed by him before the Public Information Officers of the various Grama Panchayats. He has only furnished the information given to him. However, the information furnished by the Public Information Officers of the various Grama Panchayats would only show that the establishments referred to in the various letters have not renewed the licences issued under the Kerala Panchayat Raj (Issue of Licences to Dangerous and Offensive Trades and Factories) Rules 1996 for the year 2011-2012. The Public Information Officers of the various Grama Panchayats have not in the documents produced as Exts.P3 to P6 stated that none of the establishments are presently being run by the persons named therein. In short, no reliance can be placed to Exts.P3 to P6 to hold that establishments referred to therein are no longer in existence or that the 113 persons named in Ext.P2 list have ceased to be W.P(C).No.29765 of 2011 -:4:- members of the third respondent society. The Returning Officer was therefore, perfectly right in rejecting Ext.P10. I accordingly hold that there is no merit in the writ petition. The writ petition fails and is dismissed. P.N.RAVINDRAN, Judge. ahg. P.N.RAVINDRAN, J. --------------------------- W.P(C).No.29765 of 2011 ---------------------------- JUDGMENT 9th November, 2011