IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE SATHISH NINAN TUESDAY, THE 22^ND DAY OF FEBRUARY 2022 / 3RD PHALGUNA, 1943 WP(C) NO. 2517 OF 2022 PETITIONERS:

1 V.BABU, AGED 55 YEARS S/O. VELAYUDHAN, THOPPIL HOUSE, ATHIYOOR, BALARAMAPURAM, THIRUVANANTHAPURAM DISTRICT-695501.

2 D. SASIKUMAR, RESIDING AT MELEKAVUVILAKATHU HOUSE, ANTHIYOOR, BALARAMAPURAM, THIRUVANANTHAPURAM DISTRICT-695501.

BY ADVS. P.V.BABY C.S.RAJESH RESPONDENTS:

1 BALARAMAPURAM PANCHAYATH RESIDENCE WELFARE CO-OPERATIVE SOCIETY LTD.NO.T-1649, BALARAMAPURAM P.O., THIRUVANANTHAPURAM DISTRICT, REPRESENTED BY ITS SECRETARY, PIN-695501.

2 THE ADMINISTRATIVE COMMITTEE, BALARAMAPURAM PANCHAYATH RESIDENCE CO-OPERATIVE SOCIETY LTD.NO.T-1649, BALARAMAPURAM P.O., THIRUVANANTHAPURAM DISTRICT, REPRESENTED BY ITS CONVENER C.R. SHAJI KUMAR, PIN-695501.

3 ELECTORAL OFFICER OF BALARAMAPURAM PANCHAYATH RESIDENCE WELFARE CO-OPERATIVE SOCIETY LTD.NO.T-1649, NOW ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES (G), NEYYATTINKARA, THIRUVANANTHAPURAM DISTRICT-695503.

4 THE RETURNING OFFICER, BALARAMAPURAM PANCHAYATH RESIDENCE WELFARE CO-OPERATIVE SOCIETY LIMITED NO. T-1649, NOW BALARAMAPURAM UNIT INSPECTOR, OFFICE OF THE ASSISTANT REGISTRAR OF CO-

OPERATIVE SOCIETIES (G), NEYYATTINKARA, THIRUVANANTHAPURAM DISTRICT-695003.

WP(C) NO. 2517 OF 2022 -2-

5 STATE CO-OPERATIVE ELECTION COMMISSION, CO-BANK TOWERS, THIRUVANANTHAPURAM-695033, REPRESENTED BY ITS SECRETARY.

BY ADV R.LAKSHMI NARAYAN SR.G.P SRI BIMAL.K.NATH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON

22.02.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

SATHISH NINAN, J.

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W.P.(C) No.2517 of 2022 = = = = = = = = = = = = = = = = = =

Dated this the 22^nd day of February, 2022

J U D G M E N T

Election to the Board of Directors of the first respondent Society was scheduled on 14.02.2022. The petitioners are members of the Society. This writ petition was filed on 24.01.2022 alleging that, the election notification was not published in two vernacular dailies as required under Rule 35(A) of the Co-operative Societies Rules. They also challenge the correctness of the voter's list.

2. The 5^th respondent has filed a statement wherein it is stated that the election notification was published in two dailies, Kerala Kaumudi and Janayugam dated 30.12.2021. Annexure-R5(a) and (b) are copies of the relevant portions of the notification.

3. As regards the objections of the petitioners against the voter's list, it has been stated that the petitioners' objections were considered and rejected.

W.P.(C) No.2517 of 2022

4. If the petitioners are aggrieved, the remedy of the petitioners is to challenge the election, on the available grounds, by way of an election petition. I do not find any reason to entertain the writ petition.

Writ petition fails and is accordingly dismissed.

Sd/-

SATHISH NINAN JUDGE kns/-

//True Copy// P.S. to Judge APPENDIX OF WP(C) 2517/2022 PETITIONER EXHIBITS Exhibit P1 A TRUE PHOTOCOPY OF THE ELECTION NOTIFICATION DATED 12/11/2021 ISSUED BY THE STATE CO-

OPERATIVE ELECTION COMMISSION, THIRUVANANTHAPURAM.

Exhibit P2 A TRUE PHOTOCOPY OF THE COMPLAINT DATED

10/01/2022 SUBMITTED BY THE 2ND PETITIONER TO THE CIRCLE INSPECTOR OF POLICE BALARAMAPURAM.

Exhibit P3 A TRUE COPY OF THE RECEIPT DATED 10/01/2022 ISSUED FROM THE OFFICE OF THE CIRCLE INSPECTOR OF POLICE, BALARAMAPURAM HAVING ACCEPTED EXT.P2.

Exhibit P4 TRUE PHOTOCOPY OF THE COMPLAINT DATE

11/01/2022 SUBMITTED BY THE 2ND PETITIONER TO THE 3RD RESPONDENT.

Exhibit P5 TRUE PHOTOCOPY OF THE COMPLAINT DATED

11/01/2022 SUBMITTED BY THE 1ST PETITIONER TO THE 3RD RESPONDENT.

Exhibit P6 TRUE PHOTOCOPY OF THE COMPLAINT DATED

11/01/2022 SUBMITTED BY THE K. SUKUMARAN TO THE 3RD RESPONDENT.

Exhibit P7 TRUE PHOTOCOPY OF THE INTIMATION DATED

11/01/2022 SENT BY THE 1ST PETITIONER UNDER REGISTERED POST WITH A/D TO THE 3RD RESPONDENT.

Exhibit P8 TRUE PHOTOCOPY OF THE POSTAL ACKNOWLEDGEMENT CARD SIGNED BY THE OFFICE OF THE REGISTRAR OF CO-OPERATIVE SOCIETIES