IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN WEDNESDAY, THE 7TH DECEMBER 2011 / 16TH AGRAHAYANA 1933 WP(C).No. 32363 of 2011(U) -------------------------- PETITIONER(S): --------------- 1. ANIYAN CJ,AGED 45 YEARS, KIZHAKKECHUNDAYIL, KOZHENCHERY EAST P.O, KOZHENCHERY, PATHANAMTHITTA 689 646 2. ROYSON K.K,AGED 52 YEARS, S/O.LATE THOMAS KURYAN, KATHAVANAMALAYIL,THEKKEMALA P.O, KOZHENCHERY 689 654 BY ADV. SRI.MANU GOVIND SRI.ARUN.B.VARGHESE RESPONDENT(S): --------------- 1. THE STATE OF KERALA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF CO-OPERATIVE SOCIETIES, GOVERNMENT SECRETARIAT,TRIVANDRUM 695 001 2. THE STATE CO-OPERATIVE ELECTION COMMISSION, REPRESENTED BY ITS SECRETARY, OFFICE OF THE STATE CO-OPERATIVE ELECTION COMMISSION,TRIVANDRUM 695 001 3. THE RETURNING OFFICER, MELUKARA SERVICE CO-OPERATIVE SOCIETY, MELUKARA,KOZHENCHERY 689 654 4. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES(GENERAL), MINI CIVIL STATION, PATHANAMTHITTA 689 645 WP(C).No. 32363 of 2011(U) 2 5. THE MELUKARA SERVICE CO-OPERATIVE SOCIETY PT NO.552, REPRESENTED BY ITS SECRETARY, MELUKARA,KOZHENCHERY 689 654 6. SRI.SAMUELKUTTY K.V, KAVUNGALIL,CHEKULAM,THEKKEMALA P.O, KOZHENCHERY 689 645 R1 TO R4 BY GOVERNMENT PLEADER SRI.G.GOPAKUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX PETITIONER(S) EXHIBITS EXT.P1 TRUE COPY OF THE NOTIFICATION DATED 03.11.2011 EXT.P2 TRUE COPY OF COMPLAINT DATED 18.11.2011 MADE BY 1ST PETITIONER BEFORE 3RD RESPONDENT. EXT.P3 COPY OF THE FINAL VOTERS LIST SUPPLIED TO THE PETITIONER ON 28.11.2011 ON PAYMENT. EXT.P4 TRUE COPY OF COMPLAINT DATED 28.11.2011 PREFERRED BY 2ND PETITIONER AND 4 OTHERS BEFORE 4TH RESPONDENT,WITH A COPY TO THE 2ND RESPONDENT / TRUE COPY / P.S. TO JUDGE P.N.RAVINDRAN, J. ----------------------------------------- W.P(C).No.32363 of 2011 ----------------------------------------- Dated this the 7th day of December, 2011 JUDGMENT The petitioners, who are members of the 5th respondent society, have filed this writ petition challenging the final voters list published by the Electoral Officer appointed by the State Co- operative Election Commission. The main contention raised in the writ petition, which is reflected in paragraph 3 thereof, is that there is duplication of entries as regards seven members and that as against the names of 68 other members, neither the husband's name nor the father's name is mentioned in the voters list thereby offending the provisions contained in rule 35-A(4) of the Kerala Co-operative Societies Rules. 2. As regards the duplication of the names of seven members in the voters list, it is a matter which the petitioners can point out during the poll to the Returning Officer, who can with reference to the Form 6B register maintained in the fifth respondent society and the identity cards issued by the society, verify whether there is in fact any duplication of the entries as W.P(C).No.32363 of 2011 -:2:- regards the seven persons named in paragraph 3 of the writ petition. As regards the omission to mention either the name of the husband or the name of the father in the case of the 68 members referred to in paragraph 3 of the writ petition, I am of the opinion that the remedy of the petitioners, if they are aggrieved by the result of the election, is to challenge the same in other appropriate proceedings. This Court cannot in this proceeding, in the absence of those members on the party array, conduct a roving enquiry and decide whether the said persons have been illegally included in the voters list. It is a matter in which proper pleadings will have to be raised and evidence adduced. I therefore, find no grounds to entertain the writ petition or to grant the relief prayed for. It is accordingly dismissed with the above observations. P.N.RAVINDRAN, Judge. ahg. P.N.RAVINDRAN, J. --------------------------- W.P(C).No.32363 of 2011 ---------------------------- JUDGMENT 7th December, 2011