Saly Baby v. State of Kerala and Others

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** **PRESENT :** **THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN** **WEDNESDAY, THE 3RD MARCH 2010 / 12TH PHALGUNA 1931** **WP(C).No. 19979 of 2007(C)** **----------------------------------------** ## **PETITIONER(S):** **-----------------------** **SALY BABY, MEMBER, BOARD OF DIRECTORS, LEMON GRASS OIL AND GENERAL MARKETING CO-OPERATIVE SOCIETY LTD. NO.3200, ERNAKULAM AND DELEGATE, KERALA STATE CO-OPERATIVE MARKETING FEDERATION LTD., GANDHI NAGAR, COCHIN-20.** **BY ADV. MR.GEORGE POONTHOTTAM, MR.T.R.RAVI.** ## **RESPONDENT(S):** **--------------------------** **1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, DEPARTMENT OF CO-OPERATION, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM.** **2. KERALA STATE CO-OPERATIVE MARKETING FEDERATION, GANDHI NAGAR, COCHIN – 682 020, REPRESENTED BY THE MANAGING DIRECTOR.** **3. THE ELECTORAL OFFICER, (DEPUTY REGISTRAR(ADMINISTRATION)), ERNAKULAM, KERALA STATE CO-OPERATIVE MARKETING FEDERATION, GANDHI NAGAR, COCHIN-682 020.** **4. THE RETURNING OFFICER, KERALA STATE CO-OPERATIVE MARKETING FEDERATION, GANDHI NAGAR, COCHIN-682 020.** **5. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (G), KANNUR.** **6. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (G), WAYANAD.** **WP(C).No. 19979 of 2007(C)** **7. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (G), PALAKKAD.** **8. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (G), ERNAKULAM.** **9. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (G), KOZHIKODE.** **10. NORTH MALABAR DISTRICT CO-OPERATIVE SUPPLY & MARKETING SOCIETY LTD. NO.F.1003, SILK ROAD, KOZHIKODE-673 032, REPRESENTED BY THE SECRETARY.** **11. THE VYTHIRI TALUK CO-OPERATIVE RUBBER & AGRICULTURAL MARKETING SOCIETY LTD. NO.W.5, KALPETTA, WAYANAD-673 032, REPRESENTED BY THE SECRETARY.** **12. THE KASARGODE FRUITS & VEGETABLES CO-OPERATIVE MARKETING & PROCESSING SOCIETY LTD. C-937, KASARGODE P.O., KASARGODE DISTRICT, REPRESENTED BY THE SECRETARY.** **13. THE KANAYANNOOR GENERAL MARKETING AND PROCESSING CO-OPERATIVE SOCIETY LTD. NO.E.811, VII/351, AYURVEDA COLLEGE GATE, HILL PALACE ROAD, THIRUVAMKULAM, ERNAKULAM DISTRICT, REPRESENTED BY THE SECRETARY.** **14. THE PAZHAYANGADI AGRICULTURAL CO-OPERATIVE MARKETING SOCIETY LTD. NO.C-1010, PAZHAYANGADI, KANNUR DISTRICT, REPRESENTED BY THE SECRETARY.** **15. NORTH MALABAR DISTRICT CO-OPERATIVE SUPPLY & MARKETING SOCIETY LTD. NO.F.1003, SILK ROAD, KOZHIKODE-673 032, REPRESENTED BY THE SECRETARY.** **16. THE PATTIAM CO-OPERATIVE MARKETING & PROCESSING SOCIETY LTD. NO.C.1105, KOOTENPOIL P.O., MUTHIYANGA, KANNUR DISTRICT, REPRESENTED BY THE SECRETARY.** **17. THE PAPPINISSERY CO-OPERATIVE MARKETING & PROCESSING SOCIETY LTD. NO.C.1118, PAPPINISSERY WEST, KANNUR-670 565, REPRESENTED BY THE SECRETARY.** **WP(C).No. 19979 of 2007(C)** **18. THE KUTHUPARAMBA CO-OPERATIVE MARKETING & PROCESSING SOCIETY LTD.NO.C.1109, KUTHUPARAMBA P.O., KANNUR DISTRICT, REPRESENTED BY THE SECRETARY.** **19. THE IRITTY BLOCK CO-OPERATIVE MARKETING & PROCESSING SOCIETY LTD. NO.1108, MATTANNUR-670 702, KANNUR DISTRICT, REPRESENTED BY THE SECRETARY.** **20. THE SREEKRISHNAPURAM BLOCK CO-OPERATIVE MARKETING SOCIETY LTD. NO. P.979, SREEKRISHNAPURAM P.O., PALAKKAD DISTRICT, REPRESENTED BY THE SECRETARY.** **21. THE KUZHALMANNAM BLOCK CO-OPERATIVE MARKETING SOCIETY LTD. NO.P.980, MANHALUR-678 502, PALAKKAD DISTRICT, REPRESENTED BY THE SECRETARY.** **22. THE MANNARGHAT BLOCK CO-OPERATIVE MARKETING SOCIETY LTD. NO.P.974, THACHAMPARA P.O., PALAKKAD DISTRICT, REPRESENTED BY THE SECRETARY.** **23. THE PALAKKAD BLOCK CO-OPERATIVE MARKETING SOCIETY LTD. NO.P.977, THENNOOR P.O., PALAKKAD DISTRICT, REPRESENTED BY THE SECRETARY.** **24. THE SULTHANBATTERY TALUK AGRICULTURAL MARKETING & PROCESSING CO-OPERATIVE SOCIETY LTD. NO.W.3, SULTHANBATTERY, WAYANAD DISTRICT, REPRESENTED BY THE SECRETARY.** **25. THE NOOLPUZHA POULTRY FARM PROCESSING & MARKETING CO-OPERATIVE SOCIETY LTD. NO.W.980, NAIKATTY P.O., NOOLPUZHA, WAYANAD DISTRICT, REPRESENTED BY THE SECRETARY.** **26. THE KARAKKAMALA RUBBER & AGRICULTURAL MARKETING CO-OPERATIVE SOCIETY LTD. NO.W.144, THARUVANA P.O., WAYANAD DISTRICT, REPRESENTED BY THE SECRETARY.** **27. THE PADINJARATHARA PANCHAYAT POULTRY FARM PROCESSING & MARKETING CO-OPERATIVE SOCIETY LTD. NO.W.119, MUNDAKUTTY P.O, WAYANAD DISTRICT, REPRESENTED BY THE SECRETARY.** **WP(C).No. 19979 of 2007(C)** **28. THE VAITHIRY TALUK FRUITS & VEGETABLES MARKETING CO-OPERATIVE SOCIETY LTD. NO.W.136, WAYANAD DISTRICT, REPRESENTED BY THE SECRETARY.** **29. THE PALLIKUNNU COCONUT PROCESSING & MARKETING CO-OPERATIVE SOCIETY LTD. NO.W.109, PALLIKUNNU P.O., WAYANAD DISTRICT, REPRESENTED BY THE SECRETARY.** **30. THE SOUTH WAYANAD CO-OPERATIVE RUBBER & AGRICULTURAL MARKETING SOCIETY LTD. NO.W.147, KUMBALAKKAD P.O., WAYANAD DISTRICT, REPRESENTED BY THE SECRETARY.** **31. THE CHUNDAKKARA SC/ST POULTRY FARM PROCESSING AND MARKETING SOCIETY LTD.NO.W.129, PALLIKKUNNU P.O., WAYANAD DISTRICT, REPRESENTED BY THE SECRETARY.** **32. THE ARINCHERMALA VANITHA POULTRY FARM PROCESSING & MARKETING CO-OPERATIVE SOCIETY LTD. NO.W.88, ARINCHERMALA P.O., WAYANAD DISTRICT, REPRESENTED BY THE SECRETARY.** **33. THE ANJUKKANNU POULTRY FARM PROCESSING AND MARKETING SAHAKARANA SANGHAM LTD. NO.W.132, ANJUKUNNU P.O., WAYANAD DISTRICT, REPRESENTED BY THE SECRETARY.** **34. PAIGATTIRI CO-OPERATIVE POULTRY FARM PROCESSING AND MARKETING SOCIETY LTD. NO.W.107, NALLOORNAD P.O., MANANTHAVADY-670 645, REPRESENTED BY THE SECRETARY.** **35. THE KANIYAMBETTA PANCHAYAT CO-OPERATIVE POULTRY FARM PROCESSING AND MARKETING SOCIETY LTD. NO.W.137, KANIYAMBETTA P.O., WAYANAD DISTRICT, REPRESENTED BY THE SECRETARY.** **36. THE PANAMARAM POULTRY FARM PROCESSING & MARKETING CO-OPERATIVE SOCIETY LTD.NO.W.149, PANAMARAM, WAYANAD DISTRICT, REPRESENTED BY THE SECRETARY.** **37. THE VELLAMUNDA PANCHAYAT POULTRY FARM PROCESSING & MARKETTING SAHAKARANA SANGHAM LTD. NO.W.131, VELLAMUNDA P.O., WAYANAD DISTRICT, REPRESENTED BY THE SECRETARY.** **38. THE PUTHURVAYIL POULTRY FARM PROCESSING & MARKETING CO-OPERATIVE SOCIETY LTD. NO.W.125, KATTAVAYIL, WAYANAD DISTRICT, REPRESENTED BY THE SECRETARY.** ## **WP(C).No. 19979 of 2007(C)** **39. THE EACHOME POULTRY FARM PROCESSING & MARKETING CO-OPERATIVE SOCIETY LTD. NO.W.89, EACHOME P.O., PANAMARAM, WAYANAD DISTRICT, REPRESENTED BY THE SECRETARY.** **40. THE PAYYANNUR MARKETING & PROCESSING CO-OPERATIVE SOCIETY LTD. C.1120, PAYYANNUR P.O., KANNUR – 670 370, REPRESENTED BY THE SECRETARY.** **41. THE NOOLPUZHA RUBBER & AGRICULTURAL CO-OPERATIVE MARKETING SOCIETY LTD. NO.W.177, NAYAKATTY P.O., SULTHANBATTERY, WAYANAD DISTRICT, REPRESENTED BY THE SECRETARY.** **R1 TO R9 BY SPL.GOVT.PLEADER R2 BY ADV. MR.MILLU DANDAPANI. R15 BY ADV. SMT.CELINE JOSEPH .** **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 03/03/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** ## **J U D G M E N T** **The counsel for the petitioner submits that the writ petition has become** **infructuous. The writ petition is accordingly dismissed as infructuous.** **03/03/2010.** **SD/- K.SURENDRA MOHAN, JUDGE** ## **//TRUE COPY//** **P.S. TO JUDGE** **rs.** **A.K. Basheer, J.** **- - - - - - - - - - - - - - - - - - - - - - - - -** ## **W.P(C) No.19979 of 2007** ## **- - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 5[th] day of July, 2007.** ORDER Heard learned counsel for the petitioner, learned Special Govt. Pleader as well as learned counsel for respondent No.10 ( in fact there is a duplication in the cause title since the same respondent has been shown as respondent No.15 also). 2. It is contended by the petitioner that the Electoral Officer, respondent No.3 herein, has not removed defunct Societies from the voters' list while finalising it. Learned counsel invites my attention to the note put up by the Registry after taking out notice to the respondents through special messenger. It is noticed by the Registry that notice to respondents 11,12,13,14, 16 to 20, 22 to 29, 31 to 35, 37 to 39 and 41 had been returned unserved by the special messenger with endorsement “no such addressee”. Learned counsel also contends that the amendment brought into Rule 44A giving voting right to the delegates nominated by the Administrator is itself under challenge in this writ petition. This amendment was brought into effect after the judgment rendered by a Division Bench of this Court in Viswanathan v. Asst.Registrar (2001 (3) KLT 215). Learned counsel submits that in view of the larger issues involved and also the fact that certain defunct Societies WP.19979/07 2 have been given voting right for obvious reasons known to respondent No.3, it may not be just or proper to allow the so called delegates to exercise their franchise in the ensuing election slated to be held on July 8, 2007. Per contra, it is contended by the learned Special voters' list was Govt. Pleader that the provisional published some time back. No objections were raised by the petitioner to the said list. Thus the list had become final. It is further contended that the Electoral Officer had prepared the voters' list going by the list of members available with him. He had no duty cast upon him to verify whether the member societies in the list were either active or defunct. It is the contention of the learned Special Govt. Pleader that so long as no objection was raised against the inclusion of such members from any quarter including that of the petitioner, the action of the Electoral Officer cannot be called in question and that too at this belated stage on the eve of the election. As regards the amendment to Rule 44A, it is the case of the learned Special Govt. Pleader that the amendment has stood the test of time. It has remained in the statute book for the last more than 4 years. Petitioner had not bothered to challenge the above. It is also contended that by the amendment to Section 20 of the act in the year 2002, the word “active” has been removed from the provisions contained therein. Therefore the Electoral WP.19979/07 3 Officer need not have conducted a roving inquiry into the question whether the members included in the list were active or not. In short, the contention of the learned Special Govt. Pleader is that it is too late in the day for the petitioner to challenge the process of election. She prays that no interim order at this belated stage would be passed. However having regard to the entire facts and circumstances referred to above, I am of the view that respondent No.4 returning Officer is to be directed to keep the votes, if any, that may cast by the delegates of the Administrators of various member Societies who have been included in Ext.P2 final voters' list in a separate ballot box. Ordered accordingly. It shall be ensured that such delegates cast their votes in a separate box and it is kept sealed. It is made clear that such votes can be counted as per the procedure prescribed. However the result shall not be published without obtaining further orders from this Court. The Officer shall file a report in this regard and submit it before this Court on or before 11/7/2007. Call on 12/7/2007. Hand over copy of the order to both sides. ## **A.K. Basheer** **Judge.** **an.**