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2008 Supreme(Ker) 628

THOTTATHIL B.RADHAKRISHNAN
Abraham K. Mathew – Appellant
Versus
Returning Officer to Thariodu – Respondent


Advocates Appeared:For the Petitioners:P.N. Mohanan, Advocate. For the Respondents:P.C. Sasidharan, Advocate.

Judgment :

1. The second petitioner's name was included in the list of members eligible to vote, prepared and submitted to the electoral officer by the chief executive of the third respondent - a co-operative society, as approved by its committee. The electoral officer called for objections, if any, to that list. In the final voters' list, the second petitioner's name did not appear. Whatever be the ground for her removal from the voters' list, that is an issue which could be taken care of by the competent statutory authorities.

2. Learned counsel for the petitioners argued that Clause 4 of Rule 35-A of the Kerala Co-operative Societies Rules, 1969, hereinafter, the "Rules", for short, is not in pari materia with the provisions in Rule 35 regarding consideration of objections to the voters' list and therefore the ratio of the decision of the Division Bench of this Court in Kerala State H.W.Co-operative Society Ltd. v. Vadakke Madom Bhahmaswom (1996 (1) K.L.T. 282) does not apply. The argument is that while Rule 35 provides for consideration of the objections and the eligibility of the member to vote, such terms are not explicitly provided in Clause 4 of Rule 35-A. It is accordingly




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