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2025 Supreme(Online)(KER) 5456
HIGH COURT OF KERALA
AMIT RAWAL, K. V. Jayakumar, JJ
DINESH B. – Appellant
Versus
STATE CO-OPERATIVE ELECTION COMMISSION – Respondent
WA 299/2025
NISHA GEORGE ANSHIN K.K GEORGE POONTHOTTAM (SR.)
The voter list must include complete particulars as mandated by Rule 35A(4) of the Kerala Co-Operative Societies Rules to ensure fair elections.
Headnote:(A) Kerala Co-Operative Societies Act, 1969 - Rule 35A(4) - Writ petition challenging the final voters list for lacking necessary particulars such as parentage and address - The court found that the voter list did not comply with statutory requirements, leading to the decision to bar members without complete details from voting in upcoming elections. (Paras 8, 9)
(B) Election Process - The court emphasized that the electoral role must be complete and accurate, as per statutory mandates, to ensure fair elections. (Paras 6, 8)
Facts of the case:
The appellants, members of the Kerala Police Housing Co-Operative Society, challenged the final voters list, claiming it was defective due to missing particulars, which had been previously warned against by the State Co-Operative Election Commission.
Findings of Court:
The court directed the society to prepare a separate list of members lacking parentage and address details and barred them from voting in the upcoming elections, while upholding the Single Bench's judgment.
Issues: The main issues were whether the final voters list met statutory requirements and the implications of the defects in the list on the election process.
Ratio Decidendi: The court ruled that the voter list must include complete particulars as mandated by Rule 35A(4) and that the election commission must rectify any irregularities before proceeding with elections.
Result: Writ appeal disposed of with directions.
JUDGMENT
Dated this the 12th day of February, 2025
AMIT RAWAL, J.
The present intra-court is directed the judgment of learned Single Bench dated 10.02.2025 in Writ Petition No.4242 of 2025 filed by the appellants/petitioners claiming following reliefs.
i. Issue a writ of Certiorari to call for the records leading to Exhibit -P1 and to set aside the same;
ii. Issue a writ of Certiorari to call for the Final Voters list and to set aside the same, as it is defective;
iii.Issue a writ of mandamus directing the 2nd respondent to publish a proper voters list containing the particulars of the members enumerated in Rule 35A(4);
iv. Issue a writ declaring that Final Voters list does not meet the statutory mandate of sub-rule (4) of Rule 35A of the KCS Rules;
2. The aforementioned relief emanated from the pleadings that they are the members of the Society and on 04.09.2019 vide Ext.P30, the State Co-Operative Election Commission had found that there were irregularities in the voter list as it lacks particulars with regard to the parentage or address and had put a stern warning of holding the next election with complete particulars and publication of the voter list.
3. Appellants/Petitioners concededly are the members and not the candidates. The Co-Operative Election Commission initiated the process of election for the Kerala Police Housing Co- Operative Society, consisting of 55000 members and the affairs being managed by a 15 member committee, caused a notification Ext.P1 dated 31.12.2024, notifying the election and as per the election calendar, following dates were notified:
1. 10.01.2025, publication of preliminary voters list.
2. 17.02.2025, last date of submission of the objections to preliminary voters list.
3. 21.01.2025, publication of the final voter list.
4. 28.01.2025, date for making nominations.
5. 29.01.2025, scrutiny of the nominations.
6. 30.01.2025, withdrawal of the nominations.
7. 15.02.2025, date of the elections.
4. Appellants/petitioners submitted the objections on 10.01.2025 and the same was dismissed vide Ext.P4 on 18.01.2025.
5. The aforementioned order Ext.P4 dated 18.01.2025 was assailed in this Court in W.P(C).No.4242 of 2025 on 30.01.2025 and decided on 10.02.2025, relegating the appellants/petitioners to challenge the same by way of election petition provided under Section 69 of the Kerala Co-Operative Societies Act .
6. Shri.George Poonthottam, learned Senior Counsel assisted by Shri. Anshin K.K, appearing on behalf of the appellants in support of the memorandum of appeal of the intra court appeal, submitted that rule 35A(4) of the Kerala Co-Operative Societies Rules 1969 clearly prescribes that in case the electoral role is defective, lacks the complete particulars of the member/voter i.e. without parentage or address, such persons cannot be permitted to cast the vote and the election have to be interdicted. In support of the contention, our attention was drawn to Exts.P5 to P18 to show that in many cases, the voter list do not reflect the parentage and the address of the members, therefore the elections scheduled to be held on 15.02.2025 are liable to be interdicted and such irregularity cannot be allowed to exist in perpetuity in view of the decision dated 10.04.2019 of the State Co-Operative Election Commission, Ext.P30.
7. On the other hand, Sri.P.C.Sasidharan, the learned counsel representing the society and Sri.C.M.Nazar, for the State Co- Operative Election Commission submitted that appellants/petitioners are not the contesting candidates and will not reflect their fate as the candidates who have submitted nomination have not come forward. Even otherwise, a separate procedure has been prescribed for challenging the same by invoking the provisions of Section 69 of the Act, in view of the case law noticed by the Single Bench and as well as held by this Court in Writ Appeal No.782 of 2023 decided on 12.04.2023. At the best, the members whose particulars are wanting can be prevented from casting the vote by preparing
