The main legal point established in the judgment is that the Returning Officer has the power to make an enquiry into the eligibility of voters before the publication of the final list of voters if the objections are definite and specific, and should verify them with the materials placed before him by the objectors and the authorities of the Society.

Patnaik, J. Both the Original petitions were heard together as common questions of law are raised and this judgment shall govern both the cases.

Overruled Partly overruled Referred to For Petitioner For Respondents

2. The questions that arise for consideration are: ,

(1) Whether the Returning Officer appointed under R.35 of the Kerala Cooperative Societies Rules, 1969 has the power to make an enquiry into the question of eligibility of a voter before the publication of the final list of voters to elect members of a committee of the Society if and when an objection under R.35 (3)(b) of the Rules is received in this regard and if so what is the scope of the enquiry.

(2) Whether in these cases, there was any scope to hold an enquiry before publication of the final list of voters.

3. Petitioners in both the cases are respectively the members of the Ayyanthole Service Co-op. Bank Ltd. Ayyanthole, Thrissur District and Kanjikkulam Service Coop. Bank Ltd., Kanjikkulam, Palakkad District. The respondents are respectively the Joint Registrars of Co-op. Societies, Thrissur and Palakkad the Senior Inspector of Cooperative Societies, the Managing Committee of Service Co-op. Banks Ltd. Ayyanthole and Kanjikkulam. In pursuance of separate resolutions passed by the Banks the election notification for election as members of the managing committee was issued on 1.12.1995. The date of election was fixed to 7.1.1996. The draft voters list was published on 1.12.1995 and objections were invited to be filed on or before 8.12.1995 ' (Ext. P2). Petitioners have filed their objections on various grounds. It was stated that the persons who have not attained the age of 18 are included in the voters list. Many of them are members of similar Co-operative Societies. Majority of the members are now living outside the area of operation of the Banks and are permanent residents elsewhere. Some of them are debtors. The banks have not given membership to the deserving persons and undeserving members have been given the membership. The list has been prepared contrary to bye-laws. They requested the Returning Officer to hold an enquiry and prepare the final voters list in accordance with the provisions of the Co-operative Societies Act, Rules and the bye-laws of the Society (Ext. P3). By Ext. P4 in O. P. No. 19282 of 1995, the Returning Officer informed that he had sent a letter to the committee of the Bank requesting to consider the objections to the draft voters list and to take urgent action thereon for making modification in the draft voters list. The Banks replied that the draft voters list is not vitiated by any irregularity and there is no merit in the complaint. Since the voters list could not be modified without the approval of the committee of the Bank, the final voters list was published without making any change init. Similar such information was conveyed to the objectors in O. P. No. 1946() of 1995. Being aggrieved by the Returning Officer's letter Ext. P4, the petitioners have prayed for issue of writ of mandamus directing respondents 1 and 2 to immediately scrutinise the list of members submitted by the third respondent to the Returning Officer for the conduct of election to the 4th respondent-Society, hear objections and delete the names of ineligible members and to hold elections only after the aforesaid scrutiny is made.

4. It is contended by the petioner that as per the bye-laws of the Society, membership shall not be given to persons residing outside the area of operation of the S Kumar Society. A large number of persons, whose addresses have been given, being residents of villages which are outside the jurisdiction of the society, are not qualified voters. The Returning Officer has refused to correct the patent error on the ground that he has no powers. Some of members, having not attained the age of majority, are ineligible to vote. Unless the names of ineligible members are removed form the voters list, the election will be reduced to