M.T.Harikumar vs The Returning Officer on 20 July, 2009

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 20346 of 2009(K)


1. M.T.HARIKUMAR,S/O.THANKAPPA PANICKER,
                      ...  Petitioner
2. KOCHUKUNJU,S/O.KUNJACHAN,

                        Vs



1. THE RETURNING OFFICER,
                       ...       Respondent

2. DEPUTY DIRECTOR,

3. MILK PRODUCERS CO-OPERATIVE SOCIETY LTD.

                For Petitioner  :SRI.BABU CHERUKARA

                For Respondent  : No Appearance

The Hon'ble MR. Justice ANTONY DOMINIC

 Dated :20/07/2009

 O R D E R
                     ANTONY DOMINIC,J.
                 ---------------------
                 W.P.(C).No.20346 OF 2009
              ------------------------
             Dated this the 20th day of July, 2009.

                          JUDGMENT

Election to the Managing Committee of the 3rd

respondent is scheduled to be held on 4.8.2008 and it is

seen from the records that final voters lists have also been

published on 7.7.2009. In this writ petition, petitioners

submit that some of the persons included in the final

voters list are ineligible to continue as members of the

society. On that ground they had also objected to Ext.P7

preliminary voters list also.

In my view, at this stage this court will not be justified

in exercising the power under Artl.226 and directing that

election should be deferred until the controversy about the

eligibility of the members is resolved. If as stated by the

petitioners, they are aggrieved by the continuance of the

ineligible members, it is always open to them to seek

statutory remedies against the election.

Writ Petition is dismissed.

                                       (ANTONY DOMINIC)
 vi                                               JUDGE