Back
2024 Supreme(Online)(KER) 40906
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE N.NAGARESH WEDNESDAY, THE 16TH DAY OF OCTOBER 2024 / 24TH ASWINA, 1946 WP(C) NO. 36084 OF 2024 PETITIONER:
SINILKUMAR E.K.
AGED 47 YEARS S/O.KUNJAPPAN, KANNIKKATTU, CMC NO.15, MARUTHORVATTOM P.O., CHERTHALA, ALAPPUZHA, PIN - 688524 BY ADVS. B.PRAMOD ATHUL M.V.
RESPONDENTS:
1 THE KERALA STATE CO-OPERATIVE ELECTION COMMISSION
3RD FLOOR, CO-BANK TOWERS, VIKAS BHAVAN P.O., THIRUVANANTHAPURAM, REPRESENTED BY ITS SECRETARY., PIN - 695039
2 THE ELECTORAL OFFICER FOR THE ELECTION TO THE CHERTHALA TOWN SERVICE CO-OPERATIVE BANK LTD NO.1435 [THE ASSISTANT REGISTRAR (GENERAL), OFFICE OF THE ASSISTANT REGISTRAR (GENERAL), CO-OPERATIVE DEPARTMENT], CHERTHALA, ALAPPUZHA, PIN - 688539
3 CHERTHALA TOWN SERVICE CO-OPERATIVE BANK LTD NO.1435 CHERTHALA P.O., ALAPPUZHA, REPRESENTED BY ITS SECRETARY., PIN - 688539 BY ADVS.
S. P. ARAVINDAKSHAN PILLAY-R1,R2 N.SANTHA(S-176)
V.VARGHESE(K/514/1996)
PETER JOSE CHRISTO(K/1216/2004)
S.A.ANAND(K/1216/2006)
K.N.REMYA(K/712/2010)
L.ANNAPOORNA(K/952/2013) FAIRUZ M.(K/003091/2023)
SRI.C.M. NAZAR.,STANDING COUNSEL THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16.10.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
JUDGMENT
Dated this the 16th day of October, 2024 The petitioner, a member of the 3rd respondent-
Co-operative Society, is aggrieved by the illegality in preparation of Voters List for the election to its Managing Committee, scheduled to be held on 10.11.2024.
2. As per Ext.P2 election notification issued by the
1st respondent, a date was fixed for publication of preliminary Voters List. Draft Voters List was published on 07.10.2024 and the last date for fling objection to the Draft Voters List was 14.10.2024. Final Voters List was to be published on 17.10.2024. This time schedule is fixed under Rule 35A(4) of the Kerala Co-operative Societies Rules.
3. The petitioner states that out of the seven days available for filing objections, three days were public holidays. Further, instead of publishing the preliminary Voters List in the Notice Board or on any part outside the office of the Head office and its Branch, copies of the Draft Voters List were hanged inside the Head Office and the Branch only. Since the members could inspect the Draft Voters List only during the working hours of the Bank, there were only four days in effect, for inspecting the Drat Voters List.
4. There are 4631 persons who are enrolled as members of the Society. Out of these members, more than 800 persons reside outside the area of operation of the Society. Hence, they are ineligible to cast vote in the election, going by the Bye laws of the Society. But, the addresses of those members are falsely shown to be within the area of operation, in the Register of members maintained by the 3rd respondent-Society. Those addresses are fake.
5. Apart from that, eligible members are also excluded from the preliminary Voters List. In fact, the ineligible members could be identified and weeded out from the Voters List if the addresses of members are compared with the electoral roll in relation to the Alappuzha Constituency prepared by the Election Commission of India for the last Parliamentary Election conducted in the month of May, 2024.
6. Now, with the publication of Draft Voters List inside the office of the Society and providing only four days for verification and filing objection, the respondents collectively violated Rule 35A(4) of the Kerala Co-operative Societies Rules and thereby violated the right of the members to seek inclusion of eligible members and exclusion of ineligible members in the final Voters List.
7. As per Ext.P4 representation, the petitioner requested the 2nd respondent to furnish a copy of the Draft Voters List and sought extension of time for filing objections to the Draft Voters List. But, the said representation did not evoke any response. Respondents 1 to 3 are going ahead with the electoral process without addressing the grievance of the petitioner, contends the petitioner.
8. I have heard the learned counsel for the petitioner, the learned Standing Counsel representing respondents 1 and 2 and the learned counsel appearing for the 3rd respondent.
9. The grievance of the petitioner is that the petitioner has not been provided seven clear working days for making objections against the Draft Voters List. The petitioner would submit that it is a statutory requirement under Rule 35A(4) of the Kerala Co-operative Societies Rules. The petitioner would allege that there are more than 800 fake voters included in the Draft Voters List. If election is conducted pursuant to the Draft Voters List, it will undermine the democratic process.
10. Counsel for the petitioner further submitted that the petitioner is not seeking adjournment of the election, but only a further time to raise objections to the Draft Voters List. Therefore, this Court will be amply justified in interfering in the matter, as the interference of this Court will not delay or defeat the election process.
11. It is to be noted that Ext.P2 election notification is dated 30.09.2024. The date fixed for publication of Draft Voters List is 07.10.2024. Time was granted till 14.10.2024 to make obje
