Kerala High Court

WP(C)/38138/2008 of SUNEESH PRABHAKARAN Vs MUTTOM SERVICE CO-OPERATIVE on 30 December 2008

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HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN TUESDAY, THE 30TH DECEMBER 2008 / 9TH POUSHA 1930 WP(C).No. 38138 of 2008(M) -------------------------- PETITIONER(S): --------------- SUNEESH PRABHAKARAN S/O.PRABHAKARAN, AGED 25 YEARS, KULATHINGAL

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT :

THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN

TUESDAY, THE 30TH DECEMBER 2008 / 9TH POUSHA 1930

WP(C).No. 38138 of 2008(M)

--------------------------

PETITIONER(S):

---------------

SUNEESH PRABHAKARAN

S/O.PRABHAKARAN, AGED 25 YEARS,

KULATHINGAL HOUSE, MUTTAM PO,EDAPPALLY,

THODUPUZHA, IDUKKI DISTRICT,MEMBER SHIP NO.5263.

BY ADV. SRI.PEEYUS A.KOTTAM

SRI.RENJITH THOMAS

RESPONDENT(S):

---------------

1. MUTTOM SERVICE CO-OPERATIVE BANK LTD

NO. 1284, MUTTAM,THODUPUZHA , IDUKKI DISTRICT

REPRESENTED BY ITS SECRETARY.

2. ELECTORAL OFFICER

ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES

(GENERAL) THODUPUZHA, IDUKKI DISTRICT.

3. RETURNING OFFICER

MUTTOM SERVICE CO-OPERATIVE BANK LTD,

O/O. ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES

(GENERAL) THODUPUZHA, IDUKKI DISTRICT.

BY GOVERNMENT PLEADER SMT.ANU SIVARAMAN

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION

ON 30/12/2008, THE COURT ON THE SAME DAY DELIVERED THE

FOLLOWING:

THOTTATHIL B. RADHAKRISHNAN, J.

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C)No. 38138 OF 2008

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -Dated this the 30[th] day of December, 2008

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JUDGMENT

The petitioner, a member of the first respondent bank,submitted Ext.P3 objections to the list of eligible voters as publishedby the Society through the Returning Officer for the purpose of theelection to the Committee of that Society. Ext.P2 bye-laws describesthe area of operation of the Society and states in Clause 5(a), theeligibility for membership. Any person of more than 18 years of ageand who has the necessary qualification in terms of Kerala Co-operative Societies Act (KCS Act) and Rules and the bye-laws, and,residing or owning immovable properties within the area of operationof the Society, is entitled to be a member. Therefore, any objectionwith reference to the area of operation can be considered only ifthere is a specific assertion that the person about whom suchobjection is raised does not reside and does not hold any immovableproperty within the area of operation. Without these two specificassertions being made qua, each person who is saddled with suchallegation, the Returning Officer has no obligation to look into anysuch objections. Exts.P3 and P3(a) read together do not disclose any assertion by the petitioner regarding either among these twolimbs though the assertion has to be of both. All that is stated inExt.P3 is that people who are residing outside the area of operationand enlisted in Ext.P3(a) are included in the list. I do not thereforefind any legal infirmity or jurisdictional error in the impugned Ext.P4by which the Returning Officer has refused to consider theobjections.

Obviously, if the petitioner has any further objections in thatregard, such question can be considered, on facts, only in a properelection dispute under Section 69 of the KCS Act. Without prejudiceto that course, this Writ Petition is dismissed.

ttb 30/12

THOTTATHIL B. RADHAKRISHNAN, JUDGE

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