IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN THURSDAY, THE 16TH JUNE 2011 / 26TH JYAISHTA 1933 WP(C).No. 15973 of 2011(V) -------------------------------- PETITIONER: --------------- RAJAGOPALAN, S/O.BHASKARAN NAIR, AGED 48 YEARS, RESIDING AT PALLICHADAYATH KALAM, MANJALOOR P.O., DISTRICT PALAKKAD- 678 502. BY ADV. SRI.P.R.VENKETESH RESPONDENTS: --------------- 1. THE STATE CO-OPERATIVE ELECTION COMMISSIONER, (CO-OPERATIVE DEPARTMENT, CO-BANK TOWER), NEAR VIKAS BHAVAN, THIRUVANANTHAPURAM-695 001. 2. THE RETURNING OFFICER, MANJALOOR CO-OPERATIVE URBAN CREDIT SOCIETY NO.1236 (UNIT INSPECTOR, ASST.REGISTRAR'S OFFICE, ALATHUR), ALATHUR-678 681. 3. MANJALOOR CO-OPERATIVE URBAN CREDIT SOCIETY NO.1236 REPRESENTED BY ITS SECRETARY, MANJALOOR, ALATHUR-678 681. ADV. SRI. BASANTH BALAJI, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO. 15973/2011 : 2: APPENDIX PETITIONER'S EXHIBITS: EXT.P1: TRUE COPY OF THE SAID REPRESENTATION DATED 08.06.2011 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT. RESPONDENTS' EXHIBITS: NIL //True Copy// P.A to Judge. rv P.N.RAVINDRAN, J. --------------------------- W.P.(C) No. 15973 OF 2011 -------------------------- Dated this the 16th day of June, 2011 J U D G M E N T The petitioner, who is a member of the third respondent society right from its formation, has filed this writ petition mainly seeking a direction to the first respondent to issue a fresh election notification after cancelling the notification now issued for the purpose of electing the new office bearers of the third respondent society. The petitioner has also prayed for an order directing the State Co-operative Election Commission to consider Ext.P1 representation and pass orders thereon expeditiously. 2. The main allegation raised in the writ petition and in Ext.P1 is that though the election to the managing committee is scheduled to be held on 19.6.2011, the notice of the election has not been served on a large number of members and that it has also not been published. It is stated that without proper service of notice, the office bearers now in office have themselves filed nominations in an attempt to get themselves re- elected. It is on these grounds that the petitioner seeks the aforesaid relief. 3. When the writ petition came up for admission on 15.6.2011 the learned Government Pleader was directed to get instructions. When the writ petition came up for consideration today, Sri.Basant Balaji, the learned Government Pleader appearing for the second respondent submitted that as provided under sub rule (3A) of rule 35A of the Kerala WPC No.15973/2011 2 Co-operative Societies Rules, the notification regarding the election was served personally on all the members included in the voters list and that the notice meant for the petitioner was not served on him but was accepted by his uncle Sri.P.U.Vijayan Nair, who is also a member of the society on 18.5.2011. The learned Government Pleader also made available to me a photostat copy of the register maintained by the Returning Officer for the said purpose. The learned Government Pleader submitted that in such circumstances as the rule permits notice to be served individually and the number of members of the third respondent society is less that 1000, it cannot be said that notice of the election should have been published in a newspaper daily or sent by post to each of the members. He also submitted that pursuant to the election notification, 11 nominations were received and that as there is no contest, a poll is not required to be held as notified. In the light of the submissions made at the Bar by the learned Government Pleader appearing for the second respondent, I am of the opinion that the petitioner should, if he is aggrieved by the result of the election, challenge the same in other appropriate proceedings. Without prejudice to that right, this writ petition is dismissed. P.N.RAVINDRAN, (JUDGE) WPC No.15973/2011 3 vps