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IN THE HIGH COURT OF KERALA AT ERNAKULAM
MR.JUSTICE MURALI PURUSHOTHAMAN, J
Dinesh B. S/o. P. Bhaskaran Nair – Appellant
Versus
State Co-operative Election Commission – Respondent
JUDGMENT :
(MURALI PURUSHOTHAMAN, J.)
The petitioners are the members of the Kerala Police Housing Co-operative Society Ltd. (hereinafter referred to as “Society” for brevity), the 4th respondent. The Society has about 55,000 members and the management of the affairs of the Society is vested in a 15 member committee.
2. State Co-operative Election Commission, by Ext. P1 notification dated 31.12.2024, notified the election to the Managing Committee of the Society. As per the election calendar, the date notified for publication of preliminary voters list was 10.01.2025 and the last date for submitting objections to the preliminary voters list was 17.01.2025. The date notified for scrutiny of objections was 18.01.2025, and the date for the publication of the final voters list was 21.01.2025. The date for making nomination was 28.01.2025, and the date fixed for scrutiny of nominations was 29.01.2025. The date for withdrawal of nominations was notified as 30.01.2025. The poll is scheduled for 15.02.2025.
3. The 2nd respondent Electoral Officer published the preliminary voters list on 10.01.2025. The petitioners submitted Exts. P2 and P3 objections, respectively, to the preliminary voters li
Disputes regarding electoral rolls must be addressed through statutory remedies under the Kerala Co-operative Societies Act, not via writ petitions.
The preparation of electoral rolls is integral to the election process, and disputes regarding eligibility must be resolved under Section 70 of the Karnataka Co-Operative Societies Act, 1959.
The main legal point established in the judgment is that objections to the provisional voters list for co-operative society elections must be within the jurisdiction of the Election Officer and must ....
The preparation of electoral roll under Rule 13-D(2-A) is an integral part of the election process, and the writ petition to challenge the electoral roll on the ground of non-compliance with Rule 13-....
Deficiencies in the electoral process, including lack of individual notifications to excluded voters, necessitate counting their votes in election results as per procedural rules.
The main legal point established in the judgment is the prima facie evidence of the membership register and the limitations on the jurisdiction of deciding the claims and objections to the voters lis....
Procedural deficiencies in electoral processes for co-operative societies, particularly failing to notify affected members, invalidate elections and require rectification through judicial interventio....
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