IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR WEDNESDAY, THE 4TH NOVEMBER 2009 / 13TH KARTHIKA 1931 WA.No. 2366 of 2009() --------------------- AGAINST THE JUDGEMENT IN WPC.29229/2009 Dated 20/10/2009 APPELLANT(S)/PETITIONER: ----------------------- T.SANTHOSH RAJ (M.NO.6756) RESIDING AT BHAGAVATHIVILA PUTHEN VEEDU KULATHOOR, UCHAKKADA, NEYYATTINKARA, THIRUVANANTHAPURAM. BY ADV. SRI.B.S.SWATHY KUMAR RESPONDENT(S)/RESPONDENTS: --------------- 1. THE ELECTORAL OFFICER KULATHOOR SERVICE CO-OPERATIVE BANK LTD NO.T.706 KULATHOOR ,UCHAKKADA,NEYYATTINKARA, ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES (G) NEYYATTINKARA. 2. THE RETURNING OFFICER KULATHOOR SERVICE CO-OPERATIVE BANK LTD NO.T.706 KULATHOOR ,UCHAKKADA,NEYYATTINKARA/PARASSALA UNIT INSPECTOR, OFFICE OF THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES (G) NEYYATTINKARA. 3. KULATHOOR SERVICE CO-OPERATIVE BANK LTD NO.T.706 KULATHOOR ,UCHAKKADA,NEYYATTINKARA, REPRESENTED BY ITS SECRETARY. 4. C.PARAMESWARAN NAIR,S/O.CHELLAPPAN NAIR SURABHI, VENKULATHINKARA, KARADOU, NEYYATTINKARA. 5. V.SURENDRAN, S/O.VELAYUDHAN PILLAI POTTAYIL VEEDU, POOVAR,NEYYATTINKARA. BY SENIOR GOVT. PLEADER SRI. BENNY GERVACIS -R1 AND R2 ADV. SRI. GEORGE POONTHOTTAM -R3 THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 04/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: KURIAN JOSEPH & C.T. RAVIKUMAR, JJ. --------------------------------------------- W.A. NO. 2366 OF 2009 --------------------------------------------- Dated this the 4th day of November, 2009 JUDGMENT Kurian Joseph, J. The appellant is the petitioner. The petitioner approached this Court alleging irregularity in the voters' list for election to the third respondent- Bank. The learned Single Judge declined to interfere with the matter and relegated the petitioner to pursue his remedy by filing an election petition. 2. When the Writ Appeal came up before us on 28.10.2009, we passed the following order: “There will be a direction to the Returning Officer to keep a separate ballot box in respect of the voters included in Ext.P2 list. It will be open to the Returning Officer to count the votes separately. The Returning Officer is also directed to declare the results of the election after counting both sets of votes.” 3. The learned counsel appearing for the appellant submits that now since the election has been conducted, the results have been announced on 1.11.2009 and the new committee has taken charge, the appeal can be closed without prejudice to the right of the W.A. NO. 2366/2009 2 appellant/petitioner to pursue his statutory remedy. Ordered accordingly and the Writ Appeal is disposed of. There will be a direction to the third respondent-Bank to keep the ballot box separately, as kept by the Returning Officer, and all records pertaining to the election and the counterfoils in safe custody during the tenure of the present Managing Committee. (KURIAN JOSEPH) JUDGE (C.T. RAVIKUMAR) JUDGE sp/ W.A. NO. 2366/2009 3 KURIAN JOSEPH & C.T. RAVIKUMAR, JJ. W.A.NO.2366/2009 JUDGMENT 4th November, 2009 W.A. NO. 2366/2009 4