K.K. Dharamapalan vs The Joint Registrar Of … on 23 September, 2008

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 24428 of 2008(G)


1. K.K. DHARAMAPALAN,
                      ...  Petitioner
2. K.K. GUNAPALAN,
3. P.C. RAVINDRAN, POTTEKKAT HOUSE,
4. A.V. PREETHA, KADAVIL HOUSE,
5. BHAVYA K. DHARMAPALAN,

                        Vs



1. THE JOINT REGISTRAR OF CO-OPERATIVE
                       ...       Respondent

2. THE TRICHUR DISTRICT HUMAN RESOURCES

3. P.K. SURESH KUMAR, HONORARY SECRETARY,

                For Petitioner  :SRI.N.RAGHURAJ

                For Respondent  : No Appearance

The Hon'ble MR. Justice THOTTATHIL B.RADHAKRISHNAN

 Dated :23/09/2008

 O R D E R
         Thottathil B. Radhakrishnan, J.
        ==================================
              W.P.(C)No.24428 of 2008
                         &
               I.A.No.12194 of 2008
        ==================================
     Dated this the 23rd day of September, 2008.


                     JUDGMENT

Learned Government Pleader appears for the

Returning Officer impleaded as per order on

I.A.12193 of 2008. Service complete. This writ

petition is filed seeking a direction to have the

election conducted. As of now, election has been

notified and therefore there is no reason to

apprehend that the election will not be conducted,

in accordance with law. Be that as it may,

I.A.No.12194 of 2008 is filed on the premise that

persons at Sl.Nos.82 and 87 to 147 except

Sl.Nos.125 and 140 in Ext.P9 list are not members

admitted to membership, in accordance with law and

by the competent authority, in terms of law. The

objection appears to be that the Secretary of the

Society had included their names as members without

WPC24428/08

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proper authority. Having regard to the facts and

circumstances, this writ petition and I.A. are

ordered directing that, the election shall be duly

conducted and the votes, if any, cast by persons at

Sl.No.82 and 87 to 124 (both inclusive), 126 to 139

(both inclusive) and 141 to 147 (both inclusive)

shall be polled in a separate ballot box and

counted separately and results declared

accordingly. The identity of those votes shall be

recorded separately to exclude any inconvenience to

any party, who may challenge the election. After

the process of the election is over, the Joint

Registrar will also look into Ext.P6 complaint

regarding inclusion of incompetent persons as

voters.

Thottathil B.Radhakrishnan,
Judge.

sl.

WPC24428/08

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