C Krishna Kumar v. State Co-operative Election Commission and Others

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN WEDNESDAY, THE 07TH DAY OF AUGUST 2019 / 16TH SRAVANA, 1941** ## **WP(C).No.21005 OF 2019(A)** ## **PETITIONER/S:** - **1 C.KRISHNA KUMAR, AGED 55 YEARS S/O. CHANDRASEKHARA WARRIER, P. V. WARRIAM, MANNADI P. O., PATHANAMTHITTA DISTRICT, PIN - 691530.** - **2 RADHAKRISHNA PILLAI, S/O. RAGHAVAN PILLAI, ELAVANNUKUZHY THAZETHIL VEEDU (AMBADI), KALA WEST, MANNADI P. O., PATHANAMTHITTA DISTRICT, PIN - 691530.** - **3 SASIDHARAN C., S/O. CHANDRAN, KAZHANJIYIL VEEDU, KALA EAST, MANNADI P. O., PATHANAMTHITTA DISTRICT, PIN - 691530.** - **4 S. SREEKALA, D/O. CHANDRASEKHARA WARRIER, P. V. WARRIAM, MANNADI P. O., PATHANAMTHITTA DISTRICT, PIN - 691530.** **BY ADVS. SRI.T.R.HARIKUMAR SRI.ARJUN RAGHAVAN** ## **RESPONDENT/S:** - **1 THE STATE CO-OPERATIVE ELECTION COMMISSION REPRESENTED BY ITS SECRETARY, THIRUVANANTHAPURAM - 695001.** - **2 THE ELECTROL OFFICER MANNADI SERVICE CO-OPERATIVE BANK LTD.NO.3849, MANNADI P. O., PATHANAMTHITTA DISTRICT, PIN - 691530. (ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL), ADOOR, PATHANAMTHITTA)** WPC 21005/19 2 **3 THE RETURNING OFFICER MANNADI SERVICE CO-OPERATIVE BANK LTD.NO.3849, MANNADI P. O., PATHANAMTHITTA DISTRICT, PIN - 691530. (OFFICE INSPECTOR, OFFICE OF THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL), ADOOR, PATHANAMTHITTA)** **4 TEH MANNADI SERVICE CO-OPERATIVE BANK LTD. NO.3849, REPRESENTED BY ITS SECRETARY, MANNADI P. O., PATHANAMTHITTA DISTRICT, PIN - 691530.** **BY ADVS. SMT.C.S.SHEEJA, SR.GP, SRI.R.LAKSHMI NARAYAN, SC** **THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07.08.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** WPC 21005/19 3 ## **JUDGMENT** The petitioners are stated to be the members of the 4[th] respondent-Society and they impugn the manner of publication of Ext.P1 Election Notification by the State Co-operative Election Commission and further allege that more than 765 members have been excluded from the final Voters' List; thus praying that the elections to the Managing Committee of the afore Society, which are scheduled on 09.08.2019, be interdicted. 2. In refutation of the afore, Sri.R.Lakshmi Narayan-learned Standing Counsel for the Election Commission, submits that the last date for making objections to the preliminary Voters' List was on 15.07.2019 and that though the petitioners assert that they preferred Ext.P2 objections on that day, they were not present on 16.07.2019, when the objections were considered and the Electoral WPC 21005/19 4 Officer did not find any substantiating evidence having been placed before him by the petitioners in support of their assertions. He adds that the names of the 765 members mentioned by the petitioners do not appear anywhere in the membership register and seems to have removed from the membership by the Society as early as in the year 2009 and 2014. He asserts that since the petitioners did not make any effort to prove their allegations, the Electoral Officer had no other option but to finalise the Voters' List, since as per the schedule in Ext.P1, the same had to be published on or before 17.07.2019. He finishes his submissions by saying that this Writ Petition has been filed 13 days after that date on which the Final Voters' List was published and therefore, that the same be dismissed. 3. In answer to the above contentions of Sri.R.Lakshmi Narayan, Sri.T.R.Harikumar-learned WPC 21005/19 5 counsel for the petitioners, submits that publication of Ext.P1 had not come to the notice of his client because it was published allegedly in 'Desabhimani' and 'Janayugam' Newspapers, which do not have much circulation in the area and that even though the Electoral Officer concedes that their objection, namely, Ext.P2, had been received on 15.07.2019, they were neither heard nor were their objections taken into account on 16.07.2019, contrary to what has been stated afore. He further says that as is indubitable from Ext.P1 election notification, it was published only on 06.07.2019, though it is dated 05.07.2019, which was also the date on which the preliminary Voters' List was to be published as is clear therefrom. He, therefore, asserts that Ext.P1 is illegal and consequentially prays that this Writ Petition be allowed. 4. The learned Standing Counsel for the 4[th] WPC 21005/19 6 respondent submits that he adopts the entire submissions made by Sri.R.Lakshmi Narayan and prays that the election process be not interdicted, particularly when the polling is scheduled on 09.08.2019. 5. I have considered the afore submissions and have examined the materials available, but I must record that I am not in favour of the petitioners, _prima facie,_ at this point of time. This is because, the question as to whether Ext.P1 was published in the Newspapers having wide circulation or otherwise is an issue which will require cogent evidence and materials for it to be properly substantiated and it will not be possible for this Court, while acting under Article 226 of the Constitution of India, to enter into this factual arena. 6. Further, as rightly pointed out by Sri.R.Lakshmi Narayan, the question whether large number of persons, whose names are WPC 21005/19 7 mentioned in Ext.P2 objection, were members of the Society but excluded from the preliminary Voters' List or whether they were removed from the membership several years earlier, cannot also be finally decided by this Court, this again being in the realm of factual disputations. Added to this is the imperative caution directed to be exercised by the Hon'ble Supreme Court in **Shri Sant Sadguru Janardan Swami (Moingiri Maharaj) Sahakari Dugdha Utpadak** ## **Sanstha v. State of Maharashtra [(2001) SCC 509]** against Courts exercising jurisdiction when election processes are underway and I am, therefore, of the view that it will not be possible for this Court to grant any of the reliefs as sought for in this Writ Petition. In the afore circumstances, I dismiss this Writ Petition; however leaving full liberty to the petitioners to invoke their alternative statutory remedies, in terms of law, after the WPC 21005/19 8 election process is over. **Sd/-** **DEVAN RAMACHANDRAN** RR **JUDGE** WPC 21005/19 9 ## APPENDIX ## PETITIONER'S/S EXHIBITS: EXHIBIT P1 A TRUE COPY OF THE NOTIFICATION NO.01/685/2019/E(1) S.C.E.C DATED 02.07.2019 PUBLISHED IN THE DESABHIMANI DAILY DATED 06.07.2019. EXHIBIT P2 A TRUE COPY OF THE OBJECTION DATED 15.07.2019, FILED BY THE 1ST PETITIONER ALONG WITH LIST OF 765 MEMBERS REMOVED FROM THE VOTERS LIST. EXHIBIT P3 A TRUE COPY OF THE OBJECTION FILED BY MOHANAN S. BEFORE THE RESPONDENTS 2 AND 3. EXHIBIT P4 A TRUE COPY OF THE OBJECTION FILED BY PARAMESWARAN NAIR BEFORE THE RESPONDENTS 2 AND 3. EXHIBIT P5 A TRUE COPY OF THE RELEVANT PAGES OF THE FINAL VOTERS LIST PUBLISHED BY THE ELECTORAL OFFICER. EXHIBIT P6 A TRUE COPY OF THE CIRCULAR NO.3/2011 DATED 09.06.2011 ISSUED BY THE 1ST RESPONDENT.