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IN THE HIGH COURT OF KERALA AT ERNAKULAM
Murali Purushothaman, J.
Dinesh B. and ors. – Petitioners
Versus
State Co-Operative Election Commission and ors. – Respondents
WP(C) NO. 4242 of 2025
Decided On : 10-02-2025
(A) Kerala Co-operative Societies Act, 1969 - Rule 35A(4) - Election process - Petitioners challenged the final voters list as defective, lacking necessary particulars such as names of fathers/husbands and addresses, and including ineligible members - The court found that the objections raised were vague and not specific enough to warrant interference with the election process. (Paras 4, 10, 11, 12, 14)
(B) Writ jurisdiction - The court held that disputes regarding the electoral roll must be raised before the Co-operative Arbitration Court under Section 69 of the KCS Act, and not through a writ petition. (Paras 8, 12, 14)
Facts of the case:
The petitioners, members of the Society, objected to the final voters list published for the upcoming elections, claiming it did not comply with statutory requirements. They sought to quash the election notification and the final voters list.
Findings of Court:
The court found that the election process had already commenced, and the objections raised were insufficient to halt the election.
Issues: The main issues were whether the final voters list complied with Rule 35A(4) and whether the writ petition was maintainable.
Ratio Decidendi: The court ruled that the preparation of the electoral roll is part of the election process and that any disputes should be resolved through the appropriate statutory remedies rather than through writ jurisdiction.
Result: Writ petition dismissed.
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 list before the Electoral Officer. The Electoral Officer passed Ext. P4 order rejecting the objections.
4. The final electoral roll was published on 21.01.2025. According to the petitioners, the final electoral roll is defective and is not prepared in accordance with Rule 35A(4) of the Kerala Co-operative Societies Rules, 1969 (for short, 'the KCS Rules'). It is stated that in respect of more than 3000 members, the voters list does not contain any particulars except name. It does not contain the father’s/husband’s name and address of the members. The petitioners have produced Exts. P5 to P18, which are extracts from the final voters list of the 14 Districts in the State to show that the list does not contain the name of the father/husband and address of many of the members of the Society. The petitioners state that the final voters list includes persons who have been relieved from service, those who have retired, and even those who have passed away. The petitioners have produced a list of such persons in respect of some Districts as Exts. P19 to P28. The petitioners also state that Form 6B register is not properly maintained in the Society. Majority members are not issued with identity cards and even fake identity cards are issued by the authorities of the Society. It is further stated that since the final voters list prepared for the previous election was contrary to Rule 35A(4) of the KCS Rules, the State Co- operative Election Commission issued Ext. P30 order quashing the election notification. It is contended that the final voters list published is not in accordance with Rule 35A(4) of the KCS Rules and a fair election cannot be conducted based on such a list. The petitioners have, therefore, preferred this writ petition seeking to quash Ext. P1 notification and final voters list and for direction to the 2nd respondent to publish a proper voters list containing the particulars of the members enumerated in Rule 35A(4), and for a declaration that the final voters list does not meet the statutory mandate of sub-rule (4) of Rule 35A of the KCS Rules.
5. A counter affidavit has been filed on behalf of the Society wherein it is stated that the Society is having more than 55000 members right from the personnel belonging to Indian Police Service to that of the Civil Police Officers, Camp followers, Ministerial Staff, which includes Administrative Assistants to the Last Grade Servants. From the constituency of IPS Officers, there was no contest and the candidate was elected unanimously. It is stated that there are 29 candidates for the remaining 14 seats. It is further stated that the petitioners are not contesting candidates in the election and they cannot have any legal grievance about the voters list since none of their rights are affected. It is stated th
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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