Purushothaman and Others v. The Registrar of Co-operative Societies and Others

# **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** # **`PRESENT`** ``` THE HONOURABLE MR. JUSTICE GOPINATH P. ``` ## **`MONDAY, THE 7[TH] DAY OF AUGUST 2023 / 16TH SRAVANA, 1945`** ## **`WP(C) NO. 25002 OF 2023`** ## **`PETITIONER:`** ``` 1PURUSHOTHAMAN, AGED 60 YEARS, S/O THEVARUKUTTY, MEMBERSHIP NO. 741, THURAVOOR PANCHAYAT PATTIKAJATHI SERVICE CO-OPERATIVE SOCIETY LTD.NO.722, PANDARAPPATTATHIL, VALAMANGALAM SOUTH, THURAVOOR, CHERTHALA, PIN – 688 532. 2SAILAMMA, AGED 52 YEARS, MEMBERSHIP NO. 742, THURAVOOR PANCHAYAT PATTIKAJATHI SERVICE CO-OPERATIVE SOCIETY LTD. NO. 722, PANDARAPPATTATHIL, VALAMANGALAM SOUTH, THURAVOOR, CHERTHALA, PIN – 688 532. 3SURENDRAN, AGED 52 YEARS, MEMBERSHIP NO. 619, THURAVOOR PANCHAYAT PATTIKAJATHI SERVICE CO-OPERATIVE SOCIETY LTD. NO. 722, PANDARAPPATTATHIL, VALAMANGALAM SOUTH, THURAVOOR, CHERTHALA, PIN – 688 532. 4RAJAPPAN, AGED 74 YEARS, MEMBERSHIP NO. 728, THURAVOOR PANCHAYAT PATTIKAJATHI SERVICE CO-OPERATIVE SOCIETY LTD. NO. 722, CHALUCHIRA, VALAMANGALAM SOUTH, THURAVOOR, CHERTHALA, PIN – 688 532. 5SARROJINI, AGED 68 YEARS, MEMBERSHIP NO. 729, THURAVOOR PANCHAYAT PATTIKAJATHI SERVICE CO-OPERATIVE SOCIETY LTD. NO. 722, CHALUCHIRA, VALAMANGALAM SOUTH, THURAVOOR, CHERTHALA, PIN – 688 532. 6LENIN, AGED 46 YEARS, MEMBERSHIP NO. 730, THURAVOOR PANCHAYAT PATTIKAJATHI SERVICE CO-OPERATIVE SOCIETY LTD. NO. 722, CHALUCHIRA, VALAMANGALAM SOUTH, THURAVOOR, CHERTHALA, PIN – 688 532. 7SHEEBA AGED 38 YEARS MEMBERSHIP NO. 731, THURAVOOR PANCHAYAT PATTIKAJATHI SERVICE CO-OPERATIVE SOCIETY LTD. NO. 722, CHALUCHIRA, VALAMANGALAM SOUTH, THURAVOOR, CHERTHALA, PIN - 688532 ``` WP(C) NO. 25002 OF 2023 2 ``` 8THAMPI, AGED 43 YEARS, MEMBERSHIP NO. 732, THURAVOOR PANCHAYAT PATTIKAJATHI SERVICE CO-OPERATIVE SOCIETY LTD. NO. 722, CHALUCHIRA, VALAMANGALAM SOUTH, THURAVOOR, CHERTHALA, PIN - 688532 9DAMODARAN, AGED 70 YEARS, MEMBERSHIP NO. 435, THURAVOOR PANCHAYAT PATTIKAJATHI SERVICE CO-OPERATIVE SOCIETY LTD. NO. 722, KUMMAMPALLI, VALAMANGALAM SOUTH, THURAVOOR, CHERTHALA, PIN – 688 532 10MANIYAPPAN C. AGED 62 YEARS MEMBERSHIP NO. 711, THURAVOOR PANCHAYAT PATTIKAJATHI SERVICE CO-OPERATIVE SOCIETY LTD. NO. 722, 'AISWARYA', VALAMANGALAM SOUTH, THURAVOOR, CHERTHALA, PIN – 688 532. 11VASANTHI, AGED 59 YEARS, MEMBERSHIP NO.712, THURAVOOR PANCHAYAT PATTIKAJATHI SERVICE CO-OPERATIVE SOCIETY LTD. NO. 722, 'AISWARYA', VALAMANGALAM SOUTH, THURAVOOR, CHERTHALA, PIN – 688 532. 12RAJAN, AGED 60 YEARS, MEMBERSHIP NO. 543, THURAVOOR PANCHAYAT PATTIKAJATHI SERVICE CO-OPERATIVE SOCIETY LTD. NO. 722, KAYALKKARA, VALAMANGALAM SOUTH, THURAVOOR, CHERTHALA, PIN – 688 532. 13SHYLAJA, AGED 49 YEARS, MEMBERSHIP NO. 544, THURAVOOR PANCHAYAT PATTIKAJATHI SERVICE CO-OPERATIVE SOCIETY LTD. NO. 722, KAYALKKARA, VALAMANGALAM SOUTH, THURAVOOR, CHERTHALA, PIN – 688 532. ``` ``` 14V.V. PURUSHAN, AGED 48 YEARS, MEMBERSHIP NO. 703, THURAVOOR PANCHAYAT PATTIKAJATHI SERVICE CO-OPERATIVE SOCIETY LTD. NO. 722, ULLADAMTHARA, VALAMANGALAM SOUTH, THURAVOOR, CHERTHALA, PIN – 688 532. ``` WP(C) NO. 25002 OF 2023 3 ``` 15SARALA, AGED 63 YEARS, MEMBERSHIP NO. 129, THURAVOOR PANCHAYAT PATTIKAJATHI SERVICE CO-OPERATIVE SOCIETY LTD. NO. 722, VATTATHARA, VALAMANGALAM SOUTH, THURAVOOR, CHERTHALA, PIN – 688 532. 16SHYLAJA, AGED 52 YEARS, MEMBERSHIP NO. 546, THURAVOOR PANCHAYAT PATTIKAJATHI SERVICE CO-OPERATIVE SOCIETY LTD. NO. 722, AARYAKKARA, VALAMANGALAM SOUTH, THURAVOOR, CHERTHALA, PIN – 688 532. BY ADVS. T.KABIL CHANDRAN R.ANJALI AAYSHATH NAJILA SCHEMNAD ``` ## **`RESPONDENTS:`** - `1 THE REGISTRAR OF CO-OPERATIVE SOCIETIES, DEPARTMENT OF CO-OPERATION, OFFICE OF THE REGISTRAR OF CO-OPERATIVE SOCIETIES JAWAHAR SAHAKARANA BHAVAN, DPI JUNCTION, THYCAUD P.O., THIRUVANANTHAPURAM, PIN – 695 014.` - `2 JOINT REGISTRAR, ALAPPUZHA DISTRICT LEVEL OFFICER, OFFICE OF THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES, PAECHI ANGALAMMAN KOVIL TRUST BUILDINGS, PAZHAVANGADI JN., IRON BRIDGE P.O., ALAPPUZHA, PIN – 688 011.` - `3 ASSISTANT REGISTRAR, OFFICE OF THE ASSISTANT REGISTRAR OF COOPERATIVE SOCIETIES, CHERTHALA P.O., ALAPPUZHA, PIN – 688 524.` - `4 STATE CO-OPERATIVE ELECTION COMMISSIONER, STATE CO-OPERATIVE ELECTION COMMISSION, CO-BANK TOWERS, VIKAS BHAVAN P.O., THIRUVANANTHAPURAM, PIN – 695 033.` - `5 ELECTORAL OFFICER/ASSISTANT REGISTRAR (GENERAL), OFFICE OF THE ASSISTANT REGISTRAR OF COOPERATIVE SOCIETIES, CHERTHALA P.O., ALAPPUZHA, PIN – 688 524.` WP(C) NO. 25002 OF 2023 4 - `6 RETURNING OFFICER/COOPERATIVE SOCIETY INSPECTOR (PATTANAKKAD UNIT), OFFICE OF THE ASSISTANT REGISTRAR OF COOPERATIVE SOCIETIES, CHERTHALA P.O., ALAPPUZHA, PIN – 688 524.` - `7 THURAVOOR PANCHAYAT PATTIKAJATHI SERVICE COOPERATIVE SOCIETY LTD. NO. 722, THURAVOOR P.O., CHERTHALA – 688 532, REPRESENTED BY ITS SECRETARY.` - `8 THE SECRETARY, THURAVOOR PANCHAYAT PATTIKAJATHI SERVICE COOPERATIVE SOCIETY LTD. NO. 722, THURAVOOR P.O., CHERTHALA,PIN – 688 532. BY ADV KAVERY S THAMPI BY SMT.C.S.SHEEJA, SR.GP` ``` THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07.08.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` WP(C) NO. 25002 OF 2023 5 ## JUDGMENT Petitioners have approached this Court being aggrieved by the fact that a final voters list has been published for holding elections to the Managing Committee of 7[th] respondent Society without considering the objections preferred by the petitioner against the preliminary voters list and without including the names of the petitioners in the final voters list. It is the case of the learned counsel appearing for the petitioners that the petitioners have been illegally excluded from the final voters list and therefore, a direction may be issued to the Returning Officer to consider the objections and prepare a fresh voters list for holding elections to the Managing Committee of the 7[th] respondent Society. 2. The learned Government Pleader appearing for the respondents, the learned Standing Counsel appearing for the State Co-operative Election Commission and the learned counsel appearing for respondents 7 and 8 would submit that in the light of the principles laid down in Shri Sant Sadguru Janardan Swami (Moingiri Mharaj) Sahakari Dugdha Utpadak Sanstha and Another v. State of Maharashtra and Others [2001(8) SCC 509] , WP(C) NO. 25002 OF 2023 6 the writ petition is not maintainable and the remedy, if any, of the petitioners lies in filing an election petition after the election process is completed. In paragraph 12 of the judgment in Shri Sant Sadguru Janardan Swami (supra) it was held as follows:- “12. In view of our finding that preparation of the electoral roll being an intermediate stage in the process of election of the Managing Committee of a specified society and the election process having been set in motion, it is well settled that the High Court should not stay the continuation of the election process even though there may be some alleged illegality or breach of rules while preparing the electoral roll. It is not disputed that the election in question has already been held and the result thereof has been stayed by an order of this Court, and once the result of the election is declared, it would be open to the appellant to challenge the election of the returned candidate, if aggrieved, by means of an election petition before the Election Tribunal.” 3. In the light of the principles laid down by the Supreme Court in the aforesaid judgment, I am of the view that the petitioners can only challenge their non-inclusion in the final voters list by filing an election petition after the election process is completed. It will not be proper or legal for this Court to issue any orders in the light of the principles laid down in Shri Sant Sadguru Janardan Swami (supra). The writ petition is accordingly WP(C) NO. 25002 OF 2023 7 dismissed, making it clear that the dismissal of this writ petition will not stand in the way of the petitioners seeking statutory remedies after the election process is completed. Sd/GOPINATH P. JUDGE DK WP(C) NO. 25002 OF 2023 8 ## **`APPENDIX OF WP(C) 25002/2023`** ``` PETITIONER EXHIBITS Exhibit P1A TRUE COPY OF THE ELECTION NOTIFICATION NO.01/1132/2023/E(1)S.C.E.C DATED 05.07.2023 ISSUED BY THE 4TH RESPONDENT ``` - `Exhibit P2 A TRUE COPY OF THE ELECTION GENERAL BODY NOTICE DATED 06.07.2023 PUBLISHED BY THE 8TH RESPONDENT` - `Exhibit P3 A TRUE COPY OF THE PRELIMINARY ELECTORAL ROLL/VOTERS LIST DATED 07.07.2023 PUBLISHED BY THE 5TH RESPONDENT` ``` Exhibit P4A TRUE COPY OF COMPLAINT/OBJECTION DATED 11.07.2023 SUBMITTED TO THE 5TH RESPONDENT ``` ``` Exhibit P5A TRUE COPY OF COMPLAINT/OBJECTION DATED 11.07.2023 SUBMITTED TO THE 6TH RESPONDENT Exhibit P6A TRUE COPY OF THE FINAL ELECTORAL ROLL/VOTERS LIST DATED 19.07.2023 PUBLISHED BY THE 5TH RESPONDENT Exhibit P7A TRUE COPY OF COMPLAINT/OBJECTION DATED 14.07.2023 SUBMITTED BY THE 1ST PETITIONER TO THE 5TH RESPONDENT Exhibit P8A TRUE COPY OF COMPLAINT/OBJECTION DATED 14.07.2023 SUBMITTED BY THE 1ST PETITIONER TO THE 6TH RESPONDENT Exhibit P9A TRUE COPY OF COMPLAINT SUBMITTED BY SRI.C.T.PURUSHAN, SRI.T.ANIRUDHAN AND SMT.MINIMOL TO THE 5TH RESPONDENT Exhibit P10A TRUE COPY OF THE CIRCULAR NO. 03/2011 DATED 09.06.2011 IN NO. E(2) 399/2011 S.C.E.C ISSUED BY THE 4TH RESPONDENT ```