Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN FRIDAY, THE24H DAY OF JANUARY20144TH MAGHA, 1935 WP(C).No. 2537 of 2014 (N) --------------------------- PETITIONER : -------------------------- K.SHANKARAN, KANAKODE HOUSE, SANTHI NAGAR, KARADKA PRESIDENT, KADAKAM SERVICE CO-OPERATIVE BANK LTD., NO.T99MULLERIA POST, KASARAGOD DISTRICT BY ADVS.SRI.M.SASINDRAN SRI.V.VENUGOPAL RESPONDENTS: ---------------------------- 1. THE RETURNING OFFICER, (UNIT INSPECTOR, CHEMMANAD UNIT, OFFICE OF THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL) KASARAGOD) KADAKAM SERVICE CO-OPERATIVE BANK LTD. NO.T99MULLERIA POST671543, KASARAGOD DISTRICT2 ELECTORAL OFFICER ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL) KASARAGOD) KADAKAM SERVICE CO-OPERATIVE BANK LTD. NO.T99MULLERIA POST671543, KASARAGOD DISTRICT3 THE STATE CO-OPERATIVE ELECTION COMMISSION, THIRUVANANTHAPURAM695001 R BY GOVERNMENT PLEADER SRI NOUSHAD THOTTATHIL THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON2401-2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 2537 of 2014 (N) APPENDIX PETITIONERS EXHIBITS: EXT.P1: TRUE COPY OF THE ELECTION NOTIFICATION EXT.P2: TRUE COPY OF THE DIRECTION ISSUED BY THE ELECTION COMMISSION DATED3012.2013 EXT.P3: TRUE COPY OF THE JUDGMENT
IN WPC NO. 506/2014 DT101.2014 EXT.P4: TRUE COPY OF THE NOTIFICATION PUBLISHED IN THE NEWSPAPER DT221.2014 EXT.P5: TRUE COPY OF THE REPRESENTATION DT231.2014 SUBMITTED BY THE PETITIONER TO THE RETURNING OFFICER. RESPONDENTS EXHIBITS: NIL TRUE COPY P.A TO JUDGE jma K. VINOD CHANDRAN, J - - - - - - - - - - - - -- - - - - - - - - - - - - - - - W.P(C) No.2537 of 2014 - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 24th day of January, 2014
JUDGMENT
The petitioner, the President of the outgoing Managing Committee of the Kadakam Service Co-operative Bank Ltd., No. T99has filed the above writ petition contending that though the venue has been fixed as directed in Ext.P3 judgment, the Returning Officer has directed the petitioner not to bring the Form 6B register to the venue and that the polling would be carried on only on verification of the voters list. In the first place it is not for the President of the outgoing Managing Committee of the Society to make available the Form 6B register and it is for the Secretary who is the Chief Executive of the Society to make available the Form 6 B register to the Returning Officer. The learned Special Government Pleader(Co-operation) would submit that there would never be such a direction since the identity of any candidate if disputed would have to be verified with the Form 6B register. However, it cannot lead to a situation that every voters identity is verified as against the 6B register and in WPC.No.2537/2014 :
2. : such an event, the polling would never be completed within a day. This Court finds that the apprehension of the writ petitioner is misplaced. However, there shall be a direction that necessarily the election shall be carried on by the first respondent, in accordance with law, and any disputed identity shall be verified as against the Form 6B register. Writ petition disposed of as above. Sd/- (K. VINOD CHANDRAN, JUDGE) jma //true copy// P.A to Judge