IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN FRIDAY, THE 30TH JANUARY 2009 / 10TH MAGHA 1930 WP(C).No. 397 of 2009(V) ----------------------------------- PETITIONER: ------------------- K.S. MANI, PADINJAREKKARA, ENNAPADAM, ELAPPULLY.P.O, PALAKKAD DISTRICT. BY ADVS. MR.N.RAGHURAJ, SMT.K.AMMINIKUTTY. RESPONDENTS: ------------------------ 1. THE STATE CO-OPERATIVE ELECTION COMMISSION, CO-OP BANK TOWERS, THIRUVANANTHAPURAM. 2. THE RETURNING OFFICER (QUALITY CONTROL OFFICER/ASST. DIRECTOR DIARY DEVELOPMENT OFFICE, KOZHIKODE) OF MALABAR REGIONAL CO-OPERATIVE MILK PRODUCERS UNION LTD., KOZHIKODE. 3. MALABAR REGIONAL CO-OPERATIVE MILK PRODUCERS UNION LTD. NO. 89 (D), PERINGOLAM, CALICUT - 673 571, REPRESENTED BY ITS MANAGING DIRECTOR. *ADDL. RESPONDENTS 4 & 5 IMPLEADED: 4. K.N. MOHANAN, KAIRADY KSHEEROLPADAKA SAHAGARANA SANGAM LTD. NO. P 99 (D) APCOS, KAIRADY POST, NENMARA, PALAKKAD, MEMBER NO. 183. W.P.(C). NO.397/2009-V: 5. S. SELVAKUMARASWAMI, SANTHILANGA NAGAR KSHEEROLPADAKA SAHAGARANA SANGAM LTD. NO. P. 156 (D), APCOS, S.L. NAGAR, OZHALAPATHY POST, PALAKKAD, MEMBER NO. 438. *ADDL. R4 & R5 IMPLEADED VIDE ORDER DTD. 06/01/2009 IN I.A. NO. 236/09. R1 & R2 BY GOVT. PLEADER MR. K.C. SANTHOSH KUMAR, ADDL.R4 BY ADVS. MR. A.JAYASANKAR, MR. MANU GOVIND, ADDL.R5 BY ADV. MR.GEORGE POONTHOTTAM. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 30/01/2009, ALONG WITH W.P.(C). NOS.1026/2009 & 1045/2009 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.397/2009-V: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE NOTIFICATION BEARING NO. E (2)/1909/08/SCEC DTD. 25/11/2008. EXT.P.2: COPY OF THE ELECTION RESULT. EXT.P.3: COPY OF THE REQUEST OF THE PETITIONER SUBMITTED BEFORE THE R.2. EXT.P.3.A: COPY OF THE REQUEST OF SMT. SATHYABHAMA SUBMITTED BEFORE THE R.2. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.S. TO JUDGE. Prv. THOTTATHIL B. RADHAKRISHNAN, J. = = = = = = = = = = = = = = = = = = = = = = = = W.P.(C).Nos.397/2009-V, 1026/2009-V & 1045/2009-Y = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 30th day of January, 2009. JUDGMENT 1.These writ petitions are by different individuals who have lost in the election to the Board of Malabar Regional Co-operative Milk Producers Union Ltd.No.89(D). 2.Two among the matters are by candidates who were defeated in the election from two different constituencies. They claim that they made an oral request to the Returning Officer, immediately after the counting of the votes, seeking re- counting and had also submitted a written representation on the day following the declaration of the votes, for recounting. That has been rejected. Hence, the assumption of office by the elected members and office bearers is also sought to be interfered with on grounds WP(C)397/09 & con.cases -: 2 :- referable to the requirement for recounting. 3.The learned Government Pleader does not point out any provision forbidding recounting but states that in the case in hand, the requests for recounting would have been made only on the day following the declaration of the results. 4.Though the learned counsel for the petitioners points out that the counting and declaration of results ended by about 9 p.m. on the date of election and that an oral request for recounting of the votes, was made even before the declaration of results, it may not be appropriate to conclude on that issue without further evidence. The fact that the successful candidates won only by one vote each does not, by itself, persuade this Court to intervene, on the question as to whether there should be recounting. At any rate, as rightly pointed out on behalf of the contesting respondents, the issue raised can be effectively and efficaciously challenged by recourse to WP(C)397/09 & con.cases -: 3 :- Section 69 of the KCS Act. I do not, therefore, deem it necessary to exercise jurisdiction in the matter, on the face of such alternate remedy being available, as of now. These writ petitions are hence dismissed without prejudice to that course. All issues raised in the writ petitions are left open. THOTTATHIL B. RADHAKRISHNAN, JUDGE. Sha/100209