High Court of KeralaSingle JudgeWrit petitions dismissed, with directions to fo...
Writ Petition (Civil) Nos. 17101 of 2014 (K) and 17672 of 2014 (K)
Case / Petition Number:WP(C).Nos. 17101 & 17672 of 2014 (K)
Case Details & Bench
- Court
- High Court of Kerala
- Hon'ble Judges
- K. Surendra Mohan
- Judgment Date
- 2014-07-10
- Court Decision / Holding
- The writ petitions are dismissed with directions. The court affirms the Division Bench’s directions that those in the Form 6B register may vote using existing identity cards, while those not listed may obtain fresh identity cards by 17.7.2014. It directs the Administrative Committee to publish the list of members in Form 6B and to issue identity cards to those not listed if their membership is substantiated. The Returning Officer may take necessary action to permit those entitled to vote on production of valid identity cards. The petitions are disposed of without altering the notified election schedule, but with safeguards to allow eligible members to participate through identity-document-based verification and timely issuance of fresh cards.
- Final Disposition
- Writ petitions dismissed, with directions to follow the Division Bench order regarding Form 6B and identity card-based voting, and to issue fresh identity cards to eligible members on substantiation of membership.
Parties to the Case
Appellants / Petitioners
- K.X. Thankachan
- P.D. Aravindakshakaimal
Respondents
- Assistant Registrar of Co-Operative Societies (G), Cherthala, Alappuzha District
- The Eramaloor Service Co-Operative Bank Limited No. 1175, Eramalloor, Cherthala, Alappuzha
- The Administrative Committee, The Eramaloor Service Co-Operative Bank Limited No. 1175, Eramalloor, Cherthala, Alappuzha
- District Police Chief, Alappuzha
- State Co-Operative Election Commission, Thiruvananthapuram
- The Returning Officer, Eramalloor Service Co-Operative Bank Limited No. 1175, Eramalloor/ Cherthala
Legal Representation & Advocates
Counsels for Petitioners
- • P. P. Jacob
Counsels for Respondents
- • Somasundaran (Government Pleader)
- • V.G. Arun
- • T.R. Harikumaran (Addl.)
- • K.N. Chandrababu
Case Synopsis & Summary
These two writ petitions challenge the process of election to the Managing Committee of Eramalloor Service Co-operative Bank Ltd. No. 1175. The petitioners allege that while the preliminary voters list contained 6,192 members, the final voters list published excluded 293 names without justification, denying them participation in the election. They contend that identity cards issued by the society constitute conclusive proof of membership and urge acceptance of such identity cards, or any other reliable documents, for voting, citing a Division Bench decision and a Kerala High Court precedent that identity proofs may be accepted. Respondents assert that the society maintained a Form 6B register; after Division Bench directions, a substantial number of fresh identity cards have been issued and a list of members in Form 6B has been published. Those not in 6B were given time to approach the society for fresh identity cards. The court notes progress under Ext.P5 and Ext.P4 and records that fresh identity cards have been issued to many, with 2082 names appearing in the 6B list and others to be issued cards by a deadline. The court declines to interfere with the election schedule but directs that 151 members who allege continued membership may approach the society and, if substantiated, receive identity cards to enable voting. The petitions are dismissed with these directions.
Submissions & Arguments
Contentions of Appellants / Petitioners
The petitioners contend that the final voters list excludes 293 members who possessed identity cards issued by the society, which must be treated as conclusive proof of membership. They urge the Court to permit these members to vote on the basis of their identity cards, supplemented by electoral identity cards, PAN cards, or other credible documents. They rely on George Kuruvilla v. Kerala State Cooperative Election Commission to argue that documents proving identity should be acceptable, and seek to preserve broad participation in the election. They also challenge the administrative committee’s issuance of fresh identity cards to all members and seek relief to ensure inclusion of aggrieved members in the final list before the polling date.
Contentions of Respondents
The respondents submit that the Form 6B register was incomplete; in pursuance of a Division Bench directive, a form 6B-based list was published (2082 names) and others were advised to obtain fresh identity cards by a specified deadline (17.7.2014). They argue that the right to vote is available only to persons whose names appear in the form 6B register or who obtain fresh identity cards; they contend that production of identity cards issued by the society suffices only for those included in the 6B list, and that no new broad exception should be created to permit other documents to substitute identity cards for voting. They rely on earlier directions (Ext.P5) and the readiness to issue fresh cards as per the schedule, with no interference with the election timetable.
Cited Precedents (2)
| Case Name | Citation | Treatment | Explanation |
|---|---|---|---|
| George Kuruvilla v. Kerala State Cooperative Election Commission | 2010(1) KHC 561 | Mentioned Only | Cited to support the proposition that documents proving identity may be accepted for voting; referenced as Ext.P11 but not applied as a binding principle in full in the present case. |
| RP 343/14 in W.A. 1533/2013 (Division Bench Order) | RP 343/14 / WA 1533/2013 | Positive | Directs that members listed in Form 6B may vote with existing identity cards and that those not listed should be given an opportunity to obtain fresh identity cards; the present judgment follows these directions and implements them. |
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Extracted Judgment Text
Exact text extracted from official judgment records.
## **IN THE HIGH COURT OF KERALA AT ERNAKULAM**
## **PRESENT:**
## **THE HONOURABLE MR.JUSTICE K.SURENDRA MOHAN**
## **THURSDAY, THE 10TH DAY OF JULY 2014/19TH ASHADHA, 1936**
## **WP(C).No. 17101 of 2014 (K)**
**----------------------------**
## **PETITIONERS :**
- **--------------------**
**1. K.X.THANKACHAN AGED 46 YEARS JUDE VILLA, ERAMALLOOR P.O., CHERTHALA ALAPPUZHA - 688 537.**
## **2. P.D. ARAVINDAKSHAKAIMAL**
- **PIRAKIL HOUSE, ERMALLOOR, CHERTHALA ALAPPUZHA.**
**BY ADV. SRI.P.P.JACOB**
## **RESPONDENTS :**
- **-----------------------**
**1. ASSISTANT REGISTRAR OF CO-OP. SOCIETIES (G). CHERTHALA ALAPPUZHA DISTRICT - 688 524/ELECTORAL OFFICER ERAMALLOOR SERVICE CO-OPERATIVE BANK LIMITED NO. 1175 ERAMALLOOR, CERTHALA, ALAPPUZHA - 688 537.**
**2. THE ERAMALLOOR SERVICE CO-OPERATIVE BANK LIMITED NO. 1175, ERAMALLOOR, CHERTHALA ALAPPUZHA, PIN - 688 537 REPRESENTED BY ITS SECRETARY.**
**3. THE ADMINISTRATIVE COMMITTEE**
- **THE ERAMALLOOR SERVICE CO-OPERATIVE BANKLIMITED NO. 1175 ERAMALLOOR, CHERTHALA, ALAPPUZHA PIN - 688 537, REPRESENTED BY ITS CONVENER.**
**4. THE DISTRICT POLICE CHIEF ALAPPUZHA, OFFICE OF THE SUPERINTENDENT OF POLICE ALAPPUZHA - 688 011.**
**5. THE STATE CO-OPERATIVE ELECTION COMMISSION THIRUVANANTHAPURAM, 3RD FLOOR, CO-BANK TOWERS PALAYAM, VIKAS BHAVAN P.O. THIRUVANANTHAPURAM - 695 033.**
## **6. THE RETURNING OFFICER**
- **ERAMALLOOR SERVICE CO-OPERATIVE BANK LIMITED NO. 1175 ERAMALLOR CHERTHALA/KANJIKUZHY UNIT INSPECTOR OF THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES (G) CHERTHALA, ALAPPUZHA - 688 537.**
## **WP(C).No. 17101 of 2014 (K)**
## **ADDL.R7 TO R151 IMPLEADED :**
**7. SHANMUGHAN AYYAMBALLIL HOUSE, ERAMALLOOR, CHERTHALA, ALAPPUZHA.**
## **8. SULAIMAN**
- **NIRAKKASSERIL, ERAMALLOOR, CHERTHALA ALAPPUZHA.**
**9. LEELA SHANMUGHAN AYYAMBALLIL HOUSE, ERAMALLOOR, CHERTHALA ALAPPUZHA.**
**10. PARU BHAIMI NEDUMCHIRA HOUSE, ERAMALLOOR, CHERTHALA ALAPPUZHA.**
## **11. PARUKUTTY**
- **VELASSERI HOUSE, ERAMALLOOR, CHERTHALA ALAPPUZHA.**
## **12. THAHIRA JAMAL**
- **ANAKKKOTTIL HOUSE, ERAMALLOOR, CHERTHALA ALAPPUZHA.**
**13. OMANA PRAKASAN KATTEZHATH COLONY, ERAMALLOOR, CHERTHALA ALAPPUZHA.**
**14. SOBHANA RAVEENDRAN KUNDENGIL VEEDU, ERAMALLOOR, CHERTHALA ALAPPUZHA.**
**15. AISHA BHARATHAN NEETHUBHAVANAM, ERAMALLOOR, CHERTHALA ALAPPUZHA.**
**16. SUSEELA CHIRAYIL HOUSE, ERAMALLOOR, CHERTHALA ALAPPUZHA.**
**17. OMANA CHIRAYIL HOUSE, ERAMALLOOR, CHERTHALA ALAPPUZHA.**
**18. BINUMOL VELASSERI HOUSE, ERAMALLOOR, CHERTHALA ALAPPUZHA.**
**19. VALSALA.C.R DHANYA NIWAS, ERAMALLOOR, CHERTHALA ALAPPUZHA.**
**20. LEELA.P.K. KOLAYIL HOUSE, ERAMALLOOR, CHERTHALA ALAPPUZHA.**
## **WP(C).No. 17101 of 2014 (K)**
## **21. VIJAYAMMA**
## **VARITHVELI HOUSE, ERAMALLOOR, CHERTHALA ALAPPUZHA.**
## **22. MAHILAMANI**
## **VELLAPPALLYTHARA HOUSE, ERAMALLOOR, CHERTHALA, ALAPPUZHA.**
## **23. LEELA PRAKASAN KARYAMANGALATH HOUSE, ERAMALLOOR, CHERTHALA, ALAPPUZHA.**
## **24. SUCHITHRA ANILKUMAR HRIDIK BHAVANAM, ERAMALLOOR, CHERTHALA ALAPPUZHA.**
## **25. ANIL KUMAR.V.R**
## **HRIDIK BHAVANAM, ERAMALLOOR, CHERTHALA ALAPPUZHA.**
## **26. RUDRANI.T**
## **THAMARAPPALLY COLONY, ERAMALLOOR, CHERTHALA, ALAPPUZHA.**
## **27. JASMINE XAVIER**
## **KANDANAMPARAMBIL HOUSE, ERAMALLOOR, CHERTHALA, ALAPPUZHA.**
## **28. JAIN.K.X**
## **KANDANAMPARAMBIL HOUSE, ERAMALLOOR, CHERTHALA, ALAPPUZHA.**
## **29. NAVAS K.K**
## **CHAKKANATTUVELI, ERAMALLOOR, CHERTHALA, ALAPPUZHA.**
## **30. SHALIMON C.S POOCHANATT HOUSE, ERAMALLOOR, CHERTHALA, ALAPPUZHA.**
## **31. SOJA.M.R**
- **CHENNEZHATH HOUSE, ERAMALLOOR, CHERTHALA, ALAPPUZHA.**
## **32. BENCY ANTONY MALIYEKKAL VEEDU, ERAMALLOOR, CHERTHALA, ALAPPUZHA.**
## **33. MINI AJAYADAS**
## **EDACHANGADATH HOUSE, ERAMALLOOR, CHERTHALA ALAPPUZHA.**
## **34. JOMOL.M.T.**
- **CHIRAYIL HOUSE, ERAMALLOOR, CHERTHALA, ALAPPUZHA.**
## **WP(C).No. 17101 of 2014 (K)**
## **35. UNNIKRISHNAN.K. USHUS, ERAMALLOOR, CHERTHALA ALAPPUZHA.**
## **36. SUJITH.T.KAIMAL USHA NIWAS, ERAMALLOOR, CHERTHALA ALAPPUZHA.**
## **37. RATHEESH.R MATTAPPALLY COLONY, ERAMALLOOR, CHERTHALA ALAPPUZHA**
## **38. SHIJI HARI**
## **NELMELIKKALAM, ERAMALLOOR, CHERTHALA ALAPPUZHA**
## **39. LEKHAMOL M.R**
## **KEETUPADATH HOUSE, ERAMALLOOR, CHERTHALA, ALAPPUZHA**
## **40. SINDHU AJAYAKUMAR**
## **KANAKALAYAM, ERAMALLOOR, CHERTHALA ALAPPUZHA**
## **41. VANAJA.P.K.**
## **KUMAROTH HOUSE, ERAMALLOOR, CHERTHALA ALAPPUZHA**
## **42. AOSKAN**
## **VELIPARAMBIL HOUSE, ERAMALLOOR, CHERTHALA ALAPPUZHA**
## **43. JESSY JACOB**
- **MALIYEKKAL HOUSE, ERAMALLOOR, CHERTHALA ALAPPUZHA**
## **44. SUNIL THANKAPPAN KATTEZHATHU COLONY, ERAMALLOOR, CHERTHALA, ALAPPUZHA**
## **45. KANAKA BABU**
- **MARANCHIRA, ERAMALLOOR, CHERTHALA ALAPPUZHA**
**46. BABU.K.R. MARANCHIRA, ERAMALLOOR, CHERTHALA ALAPPUZHA**
**47. VIMALA VENU VISHNU BHAVANAM, ERAMALLOOR, CHERTHALA ALAPPUZHA**
**48. ASHAMOL.K.V KANDETHARA, ERAMALLOOR, CHERTHALA ALAPPUZHA**
## **WP(C).No. 17101 of 2014 (K)**
## **49. AJAYA KUMAR.K.V**
- **KANDETHARA, ERAMALLOOR, CHERTHALA ALAPPUZHA**
## **50. LENIN KUMAR**
**NJETTEVELI, ERAMALLOOR, CHERTHALA ALAPPUZHA**
## **51. VINU VASU**
- **KARIPADATHKALAM, ERAMALLOOR, CHERTHALA ALAPPUZHA**
## **52. JIJI BIJU**
- **THEKKEVELIKKAKATHU, ERAMALLOOR, CHERTHALA ALAPPUZHA**
## **53. SANTHA VIJAYAN**
- **KANNATTUTHARA, ERAMALLOOR, CHERTHALA ALAPPUZHA**
## **54. MINI SHAJI**
- **KANDENGIL, ERAMALLOOR, CHERTHALA ALAPPUZHA**
## **55. JAYASREE MURALLEDHARAN VELIPARAMBU, ERAMALLOOR, CHERTHALA ALAPPUZHA**
## **56. GEETHA BABU**
- **POOJAVELI, ERAMALLOOR, CHERTHALA ALAPPUZHA**
## **57. RETHI AJITH**
- **THACHETH HOUSE, ERAMALLOOR, CHERTHALA ALAPPUZHA**
**58. SANTHA KOCHUKUTTY MOOPPILASSERICHIRAYIL, ERAMALLOOR, CHERTHALA ALAPPUZHA.**
**59. MALATHI SOMAN PANATHARA KALAM, ERAMALLOOR, CHERTHALA ALAPPUZHA.**
**60. LAJI GEORGE KALAPURAKKAL, ERAMALLOOR, CHERTHALA ALAPPUZHA.**
**61. GEETHA.C.R. KANDENGIL, ERAMALLOOR, CHERTHALA ALAPPUZHA.**
**62. SOBHANA NADANGATTU, ERAMALLOOR, CHERTHALA ALAPPUZHA.**
## **WP(C).No. 17101 of 2014 (K)**
## **63. KUNJUMON**
**NAGANEZHATHU HOUSE, ERAMALLOOR, CHERTHALA ALAPPUZHA.**
## **64. ANANDAN.V.V.**
**VARYATHUVELI, ERAMALLOOR, CHERTHALA ALAPPUZHA.**
## **65. SABU.R.**
## **THOTTAPPALLY, ERAMALLOOR, CHERTHALA ALAPPUZHA.**
## **66. PRASAD.T.V.**
- **PUTHUVALNIKARTH, ERAMALLOOR, CHERTHALA ALAPPUZHA.**
## **67. SANTHA VELAPPAN**
- **PUTHUVALNIKARTH, ERAMALLOOR, CHERTHALA ALAPPUZHA.**
## **68. CHANDRIKA VELAYUDHAN**
## **KATTEZHATH COLONY, ERAMALLOOR, CHERTHALA ALAPPUZHA.**
## **69. PADMINI.K.**
## **SHAPPUTHARAVEEDU, ERAMALLOOR, CHERTHALA ALAPPUZHA.**
## **70. JAGADHEESH**
## **THOPPILVEEDU, ERAMALLOOR, CHERTHALA ALAPPUZHA.**
## **71. BABU.P.**
## **MADAMBITHARA, ERAMALLOOR, CHERTHALA, ALAPPUZHA.**
## **72. PRADEESH**
## **PUTHUSSERY COLONY, ERAMALLOOR, CHERTHALA, ALAPPUZHA.**
## **73. PRASAD.K.P.**
- **PUTHUSSERY COLONY, ERAMALLOOR, CHERTHALA, ALAPPUZHA.**
**74. KARUTHA THENGATHARA, ERAMALLOOR, CHERTHALA ALAPPUZHA.**
**75. SUBHADRA NEDIYATTUTHARA, ERAMALLOOR, CHERTHALA ALAPPUZHA.**
**76. SIDHARTHAN VATTAPPALLI COLONY, ERAMALLOOR, CHERTHALA ALAPPUZHA.**
## **WP(C).No. 17101 of 2014 (K)**
## **77. SANTHA RAMACHANDRAN THAMARAPPALLI COLONY, ERAMALLOOR, CHERTHALA ALAPPUZHA.**
## **78. OMANA.V.K.**
**THARAYIL, ERAMALLOOR, CHERTHALA ALAPPUZHA.**
## **79. ARUN KUMAR**
## **SREEKRISHNAVILASAM, ERAMALLOOR, CHERTHALA ALAPPUZHA.**
## **80. KUMARI**
## **SREEKRISHNAVILASAM, ERAMALLOOR, CHERTHALA ALAPPUZHA.**
## **81. JOLLY RAMESAN**
- **PULIPPARAMBU, ERAMALLOOR, CHERTHALA ALAPPUZHA.**
## **82. BINDHU.T.P.**
## **PUTHUSSERY COLONY, ERAMALLOOR, CHERTHALA ALAPPUZHA.**
## **83. SAJI.V.V.**
- **VETTUVELICHIRA, ERAMALLOOR, CHERTHALA ALAPPUZHA.**
## **84. SINDHU.P.S.**
## **DWARAKA, ERAMALLOOR, CHERTHALA ALAPPUZHA.**
## **85. VINEETHA ANILKUMAR VETTUVELICHIRA, ERAMALLOOR, CHERTHALA ALAPPUZHA**
## **86. LIMISHA GIREESH,**
## **PATTAVEEDU, ERAMALLOOR, CHERTHALA ALAPPUZHA**
## **87. SANTHINI.P.K ANANDHUNIVAS, ERAMALLOOR, CHERTHALA ALAPPUZHA**
## **88. MONIKA,**
## **AYYAMPALLINIKARTHU, ERAMALLOOR, CHERTHALA, ALAPPUZHA**
## **89. INDULAL.**
## **VARIYATHUVELI, ERAMALLOOR, CHERTHALA, ALAPPUZHA**
## **90. SARITHA.I.V.**
## **IVALAMTHARA, ERAMALLOOR, CHERTHALA ALAPPUZHA**
## **WP(C).No. 17101 of 2014 (K)**
## **91. KUNJAPPAN,**
- **AYYAMBALLINIKARTHU, ERAMALLOOR, CHERTHALA ALAPPUZHA.**
**92. DEEPUMON.P.D, POOTHARA, ERAMALLOOR, CHERTHALA ALAPPUZHA.**
## **93. LIDIYA PUSHKARAN, PULITHUTTU, ERAMALLOOR, CHERTHALA ALAPPUZHA**
## **94. SUNITHA,**
- **THEKEKAYIPPURATHU, ERAMALLOOR, CHERTHALA ALAPPUZHA.**
**95. PENNAMMA, THAMARAPPALLI COLONY, ERAMALLOOR, CHERTHALA ALAPPUZHA.**
## **96. UNNI**
- **NIKARTHIL, ERAMALLOOR, CHERTHALA ALAPPUZHA.**
## **97. SAJEEVAN**
- **THAMARAPPALLI COLONY, ERAMALLOOR, CHERTHALA, ALAPPUZHA.**
## **98. SURABHI.K.R.**
- **KODITHARA, ERAMALLOOR, CHERTHALA ALAPPUZHA.**
**99. AJITHA SOMAN KODITHARA, ERAMALLOOR, CHERTHALA ALAPPUZHA.**
**100. SUSHEELA.C.P. PERUMBALLICHIRA, ERAMALLOOR, CHERTHALA ALAPPUZHA.**
**101. DHIJI.V.R. PERUMBALLICHIRA, ERAMALLOOR, CHERTHALA ALAPPUZHA.**
**102. JAYA BABU KUNDENGILKIZHAKKECHIRA, ERAMALLOOR, CHERTHALA ALAPPUZHA.**
**103. SEBASTIN.A.A. AHTALI, ERAMALLOOR, CHERTHALA ALAPPUZHA.**
**104. THANKAMMA ATHALI, ERAMALLOOR, CHERTHALA ALAPPUZHA.**
## **WP(C).No. 17101 of 2014 (K)**
**105. RIJU.A.S. ATHALI, ERAMALLOOR, CHERTHALA ALAPPUZHA.**
**106. CLARA TINTU ALUNKAL HOUSE, ERAMALLOOR, CHERTHALA ALAPPUZHA.**
**107. SIMI.P. KESAV NIVAS, ERAMALLOOR, CHERTHALA ALAPPUZHA.**
**108. VIJAYAMMA KOCHUNADUPADATH, ERAMALLOOR, CHERTHALA ALAPPUZHA.**
**109. OMANAKUTTAN.K.K. KOCHUNADUPADATH, ERAMALLOOR, CHERTHALA ALAPPUZHA.**
**110. SIBIN PUTHENCHIRA, ERAMALLOOR, CHERTHALA ALAPPUZHA.**
**111. SHAINI.K.P. MATTAPPALY PADINJARE, ERAMALLOOR, CHERTHALA ALAPPUZHA. 112. ANIKUTTAN MATTAPPALY PADINJARE, ERAMALLOOR, CHERTHALA ALAPPUZHA. 113. XAVIER.V.G. PATTAPARAMBU, ERAMALLOOR, CHERTHALA ALAPPUZHA. 114. PREETHI PUTHUSSERY COLONY, ERAMALLOOR, CHERTHALA ALAPPUZHA. 115. KANAKA MATTAPPALLY COLONY, ERAMALLOOR, CHERTHALA ALAPPUZHA. 116. PRAVEENA CHETTIYARILCHIRA, ERAMALLOOR, CHERTHALA ALAPPUZHA. 117. SANTHOSH THANNITHARA, ERAMALLOOR, CHERTHALA ALAPPUZHA. 118. NIMMIMOL CHENNEZHATH HOUSE, ERAMALLOOR, CHERTHALA ALAPPUZHA.**
## **WP(C).No. 17101 of 2014 (K)**
## **119. SUBIN ATHALI, ERAMALLOOR, CHERTHALA ALAPPUZHA.**
## **120. JAIJIN JOY KALAPPURAKKAL HOUSE, ERAMALLOOR, CHERTHALA, ALAPPUZHA.**
## **121. SURENDRAN**
**THARAYIL, ERAMALLOOR, CHERTHALA ALAPPUZHA.**
## **122. AJITHA**
**THARAYIL, ERAMALLOOR, CHERTHALA ALAPPUZHA.**
## **123. GIREESH**
**PATTAVEEDU, ERAMALLOOR, CHERTHALA ALAPPUZHA.**
**124. VINOD.N.M. NJETTEVELI, ERAMALLOOR, CHERTHALA ALAPPUZHA.**
## **125. AMBILI.C.P.**
**DEVIKARTHIKA BHAVAN, ERAMALLOOR, CHERTHALA ALAPPUZHA.**
## **126. MIDHUN.B.**
**NIRAKKASSERIL, ERAMALLOOR, CHERTHALA, ALAPPUZHA.**
## **127. SUDHA BABU VELIPARAMBIL, ERAMALLOOR, CHERTHALA, ALAPPUZHA.**
**128. REJITHA.O.R. VETTUVELILCHIRA, ERAMALLOOR, CHERTHALA, ALAPPUZHA.**
**129. REHANEESH.K.K. KADALAKKAPADAMNIKARTH, ERAMALLOOR, CHERTHALA, ALAPPUZHA.**
**130. AKHIL.C.S. CHENGALATH, ERAMALLOOR, CHERTHALA ALAPPUZHA.**
## **131. DHANESH KUMAR PATTAVEEDU, ERAMALLOOR, CHERTHALA ALAPPUZHA.**
**132. CHANDRAMATHI KARIPPANTHARA, ERAMALLOOR, CHERTHALA ALAPPUZHA.**
## **WP(C).No. 17101 of 2014 (K)**
## **133. SANDEEP.S.**
**NELLISSERIL, ERAMALLOOR, CHERTHALA ALAPPUZHA.**
**134. SARATH.S. NELLISSERIL, ERAMALLOOR, CHERTHALA ALAPPUZHA.**
**135. HARRISH CHAITHANYA, ERAMALLOOR, CHERTHALA ALAPPUZHA.**
**136. MARY ANEESHA MALIYAKKAL, ERAMALLOOR, CHERTHALA ALAPPUZHA.**
**137. ANANDA NIRAKKASSERIL, ERAMALLOOR, CHERTHALA ALAPPUZHA.**
**138. SREEJA KANNEZHATH, ERAMALLOOR, CHERTHALA ALAPPUZHA. 139. DHANISH.D. DHANYA NIWAS, ERAMALLOOR, CHERTHALA ALAPPUZHA. 140. SHAJI.M.K. MUPPILASSERI CHIRA, ERAMALLOOR, CHERTHALA ALAPPUZHA. 141. BINDU VELIKKAKATH CHIRA, ERAMALLOOR, CHERTHALA ALAPPUZHA. 142. MINI SAJI THEKKEVELIYAKATH, ERAMALLOOR, CHERTHALA ALAPPUZHA. 143. THASNEEM CHAKKANATTUVELI, ERAMALLOOR, CHERTHALA ALAPPUZHA. 144. SHANAVAS CHAKKANATTUVELI, ERAMALLOOR, CHERTHALA ALAPPUZHA. 145. CHITHRA MAKKATHARA, ERAMALLOOR, CHERTHALA ALAPPUZHA. 146. GRACY KALAPPURAKKAL, ERAMALLOOR, CHERTHALA ALAPPUZHA.**
## **WP(C).No. 17101 of 2014 (K)**
## **147. MINI**
**PERUMBALLI VELI, ERAMALLOOR, CHERTHALA ALAPPUZHA.**
## **148. VISWAPRASAD THAMARAPPALLI COLONY.**
**149. PRATHEESH USHUS, ERAMALLOOR, CHERTHALA ALAPPUZHA.**
## **150. LEENIYA**
**CHIRAYIL VEEDU, ERAMALLOOR, CHERTHALA ALAPPUZHA.**
## **151. SARALA**
**PATTA VEEDU, ERAMALLOOR, CHERTHALA ALAPPUZHA.**
## **152. AKHIL**
- **KUNDENGIL, ERAMALLOOR, CHERTHALA ALAPPUZHA.**
## **153. MAIDHILI**
**MUPPILLASSERI, ERAMALLOOR, CHERTHALA ALAPPUZHA.**
**154. HARIKUMAR VARIYATH VELI, ERAMALLOOR, CHERTHALA ALAPPUZHA.**
## **155. SHANMUGHADAS**
**VARIYATH VELI, ERAMALLOOR, CHERTHALA ALAPPUZHA.**
**156. SINDHU SHANMUGHADAS VARIYATH VELI, ERAMALLOOR, CHERTHALA ALAPPUZHA.**
## **157. SHEEBA SAJEEVAN**
**VARIYATH VELI, ERAMALLOOR, CHERTHALA ALAPPUZHA ADDL. R7 TO R157 ARE IMPLEADED AS PER ORDER DATED 08/07/2014 IN IA 9100/2014.**
**R1 BY GOVERNMENT PLEADER SRI. SOMASUNDARAN R2 & 3 BY ADVS. SRI.V.G.ARUN**
**SRI.T.R.HARIKUMAR ADDL. BY ADV. SRI.K.N.CHANDRABABU**
**THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10-07-2014 ALONG WITH WP(C) 17672/2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:**
**BP**
**WP(C).No. 17101 of 2014 (K) ----------------------------**
## **APPENDIX**
**PETITIONER(S)' EXHIBITS -------------------------------------**
- **P1: TRUE PHOTOCOPY OF THE LETTER DATED 15.1.2013 ISSUED BY THE JOINT REGISTRAR TO THE THIRD RESPONDENT.**
- **P2: TRUE PHOTOCOPY OF THE JUDGMENT IN W.P[C] 27289/2012 DATED 6.2.2013.**
- **P3: TRUE PHOTOCOPY OF THE JUDGMENT IN W.P[C] 9836/2013 DATED 15.7.2013.**
- **P4: TRUE PHOTOCOPY OF THE NOTIFICATION PUBLISHED IN MATHRUBHUMI DAILY DATED 16.6.2014.**
- **P5: TRUE PHOTOCOPY OF THE ORDER IN R.P.343/14 IN W.A.1533/13 DATED 19.6.2014.**
- **P6: TRUE PHOTOCOPY OF THE DETAILS OF 293 MEMBERS WHO WERE PRELIMINARY LIST OF VOTERS DELETED FROM THE FINAL LIST.**
- **P7: TRUE PHOTOCOPY OF THE COMPLAINT FILED BY THE FIRST PETITIONER BEFORE THE FIRST RESPONDENT DATED 27.6.2014.**
- **P8: TRUE PHOTOCOPY OF THE COMPLAINT FILED BY THE FIRST PETITIONER BEFORE THE FIFTH RESPONDENT DATED 28.6.2014.**
- **P9: TRUE PHOTOCOPY OF THE LETTER DATED 27.6.2014 ISSUED BY THE FIRST PETITIONER BEFORE THE 2ND RESPONDENT.**
- **P10: TRUE PHOTOCOPY OF THE LETTER DATED 28.6.2014 ISSUED BY THE FIRST PETITIONER BEFORE THE 5TH RESPONDENT.**
- **P11: TRUE PHOTOCOPY OF THE REPRESENTATION SUBMITTED BY THE FIRST PETITIONER BEFORE THE FIRST RESPONDENT DATED 28.6.2014.**
- **P12: TRUE PHOTOCOPY OF THE REPRESENTATION SUBMITTED BY THE FIRST PETITIONER BEFORE THE FOURTH RESPONDENT DATED 28.6.2014.**
- **P13: TRUE PHOTOCOPY OF THE RECEIPT ISSUED BY THE SECOND RESPONDENT DATED 27.6.2014.**
- **P14: TRUE PHOTOCOPY OF THE RECEIPT ISSUED BY THE SECOND RESPONDENT DATED 27.6.2014.**
- **P15: TRUE PHOTOCOPY OF THE RELEVANT PORTION OF THE FINAL VOTERS LIST PUBLISHED ON 25.6.2014 PAGES, 10,37,43,47,57,58,67 & 70.**
- **P16: TRUE PHOTOCOPY OF THE PAGES NO.10,37,43,47,57,58,77,80 OF THE FINAL LIST OF VOTERS PUBLISHED ON 2.7.2014.**
- **P17: TRUE PHOTOCOPY OF THE VOTERS LIST USED IN THE EARLIER ELECTION PAGES 2,3 AND 166.**
## **WP(C).NO. 17101 OF 2014 (K)**
- **P18: TRUE PHOTOCOPY OF THE IDENTITY CARD ISSUED TO THE SECOND PETITIONER DATED 26.2.2004.**
- **P18(A): TRUE PHOTOCOPY OF THE IDENTITY CARD ISSUED TO THE MEMBER NO.3129 DATED 5.6.2012.**
- **P18(B): TRUE PHOTOCOPY OF THE IDENTITY CARD ISSUED TO THE MEMBER NO.3394 DATED 20.6.2004.**
- **P18(C): TRUE PHOTOCOPY OF THE IDENTITY CARD ISSUED TO THE MEMBER NO.3565 DATED 2.6.2007.**
- **P18(D): TRUE PHOTOCOPY OF THE IDENTITY CARD ISSUED TO THE MEMBER NO.4396 DATED 19.2.2004.**
- **P18(E): TRUE PHOTOCOPY OF THE IDENTITY CARD ISSUED TO THE MEMBER NO.4529 DATED 24.2.2004.**
- **P18(F): TRUE PHOTOCOPY OF THE IDENTITY CARD ISSUED TO THE MEMBER NO.4592 DATED 5.6.2007.**
- **P18(G): TRUE PHOTOCOPY OF THE IDENTITY CARD ISSUED TO THE MEMBER NO.4817 DATED 16.2.2004.**
- **P18(H): TRUE PHOTOCOPY OF THE IDENTITY CARD ISSUED TO THE MEMBER NO.4818 DATED 16.2.2004.**
- **P18(I): TRUE PHOTOCOPY OF THE IDENTITY CARD ISSUED TO THE MEMBER NO.4918 DATED 21.4.2003.**
- **P18(J): TRUE PHOTOCOPY OF THE IDENTITY CARD ISSUED TO THE MEMBER NO.4919 DATED 3.6.2007.**
- **P19: COPY OF THE IDENTITY CARD ISSUED FROM THE BANK TO THE PETITIONER DT 3/5/2008.**
**RESPONDENT(S)' EXHIBITS :**
**---------------------------------------**
**EXT.R3(A): COPY OF THE COVERING LETTER DT 26/6/2014 UNDER WHICH THE LIST WAS PUBLISHED.**
**EXT.R3(B): COPY OF THE RELEVANT PAGES OF THE LIST OF MEMBERS, WHOSE DETAILS ARE AVAILABLE IN THE FROM 6 B REGISTER.**
## **//TRUE COPY//**
## **P.A. TO JUDGE**
**BP**
## K. SURENDRA MOHAN,J.
-----------------------------------W.P(C) NOS. 17101 & 17672 OF 2014 -------------------------------------Dated this the 10[th ] July, 2014.
## JUDGMENT
These two writ petitions are filed raising various objections against the manner in which the proceedings for the conduct of an election to the Managing Committee of Eramalloor Service Co-operative Bank Ltd. No: 1175, is progressing. WPC 17101/2014 has been filed by a former president of the society and a member thereof. WPC 17672/2014 has been filed by five petitioners, including the petitioners in WPC 17101/2013. The term of the elected Managing Committee of the society expired on 13.6.2012. Though the elected Managing Committee had adopted a resolution to conduct elections, no election was conducted. Therefore, an Administrator was appointed on the expiry of the term of the Managing Committee. The Administrator has subsequently been replaced by an Administrative Committee
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of three members who were members of the former Managing Committee. There have been previous writ petitions before this Court relating to the disputes. Ultimately, by Ext.P3 judgment, directions were issued for completing the issue of fresh identity cards to the members and for conducting of an election to the Managing Committee of the society. An election has been notified by Ext.P4 notification dated 13.6.2014. The steps for conduct of the election have been progressing as per the schedule set out in the notification. What remains is only the polling that is scheduled to be conducted on 20.7.2014. It is at the above stage that these writ petitions have been filed.
2. According to the petitioners, the society has a total membership of 8129. The preliminary voters' list contained 6192 voters. However, in the final voters' list published, there are only 5900 names. Consequently 293 persons have been excluded, for no reason according to the petitioners. The further contention of the petitioners is that, they are
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persons who have been issued with identity cards by the society. The identity cards issued are documents of conclusive proof of their membership. Therefore, they seek the issue of appropriate directions permitting them to exercise their voting rights on production of the identity cards in their possession, to be supported if necessary by their electoral identity cards, PAN cards or other acceptable documents of identity. Such a course is necessary to ensure full participation of all eligible members of the society in the election. Reliance is placed on the decision of a Division Bench of this Court in George Kuruvilla v. Kerala State Cooperative Election Commission {2010(1)KHC 561} which is produced as Ext.P11 in WPC 17672/2014 to contend that any document to prove the identity of the voter can be accepted. A further contention is put forward that, the identity card being a permanent document of the identity of a member of the society, the same cannot be replaced by any other document. The same also cannot be refused to be accepted
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as the proof of identity of a voter.
3. As per order in I.A.No:9102/2014 151 persons, who allege that their names have been removed while publishing the final voters list, have got themselves impleaded in WPC 17101/2014. They claim that they are persons who have exercised their voting rights in all the previous elections. Since their names were included in the preliminary voters list there was no need for them to submit any objections to the said list. However, their names do not find a place in the final voters list and therefore it is contended that necessary directions to include their names in the voters list are also to be issued.
4. The Special Govt. Pleader Shri.D.Somasundaram appears for the official respondents. A counter affidavit has been filed by the first respondent. It is pointed out that, since the form 6B register maintained by the society was found to be incomplete, action was taken to prepare a form 6B register and to issue fresh identity cards to all the members.
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The said exercise has progressed considerably and fresh identity cards have been issued to a good number of members. According to the learned Special Govt. Pleader, a list of the persons whose names are available in the form 6B register has been published in compliance with the direction of the Division Bench of this Court on 26.6.2014. The said list contains 2082 members. The rest of the members have been intimated that they would be issued with fresh identity cards for which they could approach the society up to 17.7.2014. It is submitted that the petitioners as well as the persons who claim to have been excluded, numbering 151, are free to approach the society for the issue of fresh identity cards. On issue of the fresh identity cards they would also be entitled to vote at the election. It is pointed out that, the right to cast votes on the basis of the identity cards earlier issued by the society is available only to persons whose names and details are available in the form 6B register. The petitioners are persons who have not yet approached the society for being
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issued with fresh identity cards. Therefore, it is submitted that it is for them to obtain necessary identity cards before the last date i.e. 17.7.2014.
5. I have heard Adv. P.P.Jacob who appears for the petitioner, the Special Govt. Pleader Shri. D.Somasundaram, Adv.V.G.Arun who appears for respondents 2 and 3 as well as Adv.K.N.Chandra Babu who appears for additional respondents who have been impleaded.
6. The issue as to whether the Administrative Committee of the society was entitled to issue fresh identity cards to all the members, had come up for consideration before a Division Bench of this Court in R.P.343/2014 in W.A.1533/2013. The order of the Division Bench is produced as Ext.P5 in WPC 17101/2014 and Ext.P4 in WPC 17672/2014. The first petitioner in WPC 17101/2014 who is also the second petitioner in WPC 17672/2014 was the review petitioner. After considering the entire issue, the Division Bench has issued the following directions:-
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“In the aforesaid circumstances, we direct that the third respondent, in consultation with the second respondent, will publish a list of members whose names and other particulars are included in the Form 6B Register and permit those members to cast their votes using the existing identity cards. However, if fresh identity card has already been issued to any particular member included in the list mentioned above, such member will be allowed to cast his vote only on the basis of the fresh identity card issued to him. It is also directed that the list as above shall be published before 27.6.2014. We also record the statement of the learned Special Government Pleader that election notification has already been issued, scheduling the election to 20.7.2014.”
Thus, the direction of the Division Bench was to publish a list of members whose names and other particulars are included in the form 6B register and to permit them to cast their votes using the existing identity cards. In other words, the right to cast their votes on the basis of the existing identity cards is
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available only to those persons whose names and particulars are included in the existing form 6B register. In order to permit the other members whose names and other particulars are not included in the form 6B register to vote, the Administrative Committee was directed to publish a list of such members on or before 27.6.2014. As per the counter affidavit of the first respondent what is stated in paragraph 6 is as follows:-
“It is submitted that as per the directions of the Division Bench of this Court, the 2[nd] respondent bank have published at 4.45 p.m on 26.6.2014 the list of members who have been included in the 6B register maintained up to 26.6.2014 the petitioner are not figured in the said list. As per the Ext.P4 election notification the bank is bound to issue identity cards up to 17.7.2014 5 P.M. So it cannot be said that these respondents or the 2[nd] respondent bank have not done as directed by this Honourable Court. It is submitted that in the list contain names of 2082 members.”
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The rest of the members whose names are not available in the list published on 26.6.2014 have been given an opportunity to obtain fresh identity cards by approaching the society for which time has been given up to 5 p.m on 17.7.2014. It is for the members to avail the said opportunity and to obtain identity cards if they are desirous of participating in the election that is scheduled to be conducted on 20.7.2014.
7. Inasmuch as the issue regarding the manner in which the identity cards in the present case are to be accepted has been finally decided by the Division Bench in the order inter parties, I am not satisfied that any facility to produce any other document of identity is necessary to be permitted. The members have been put on notice sufficiently in advance, regarding the manner in which the proceedings are going to be conducted. It is for the members to make use of the said opportunity and to obtain identity cards if they are desirous of participating in the elections.
8. With respect to the 151 persons whose names are not
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available in the final voters list they are directed to approach the office of the society with records if any to substantiate their claim that they continue to be members of the Society. If their claims are found to be substantiated the Administrative Committee shall issue identity cards to them, on the basis of which the returning officer shall be at liberty to take necessary action to permit them to cast their votes. Other than issuing the above direction, I am not satisfied that any interference with the schedule of election notified by the Election Commission is necessitated in the present case.
9. The petitioners contend that no list as claimed by the Administrative Committee has been published on 26.6.2014 on the notice board and that no copy thereof has been served on them. The petitioners shall be at liberty to seek and obtain a copy of such list from the office of the society. The Administrative Committee shall issue a copy on usual terms if any of the members approach.
For the foregoing reasons I do not find any grounds to
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interfere with the impugned proceedings or to grant any of the reliefs sought for. The writ petitions are therefore dismissed, with the above directions.
Sd/K. SURENDRA MOHAN Judge
jj /True copy/
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