T.Santhosh Raj (M.No.6756) vs The Electoral Officer on 4 November, 2009

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WA.No. 2366 of 2009()


1. T.SANTHOSH RAJ (M.NO.6756)
                      ...  Petitioner

                        Vs



1. THE ELECTORAL OFFICER
                       ...       Respondent

2. THE RETURNING OFFICER

3. KULATHOOR SERVICE CO-OPERATIVE BANK LTD

4. C.PARAMESWARAN NAIR,S/O.CHELLAPPAN NAIR

5. V.SURENDRAN, S/O.VELAYUDHAN PILLAI

                For Petitioner  :SRI.B.S.SWATHY KUMAR

                For Respondent  : No Appearance

The Hon'ble MR. Justice KURIAN JOSEPH
The Hon'ble MR. Justice C.T.RAVIKUMAR

 Dated :04/11/2009

 O R D E R
             KURIAN JOSEPH & C.T. RAVIKUMAR, JJ.
                    ---------------------------------------------
                           W.A. NO. 2366 OF 2009
                    ---------------------------------------------
                 Dated this the 4th day of November, 2009


                                  JUDGMENT

Kurian Joseph, J.

The appellant is the petitioner. The petitioner approached this Court

alleging irregularity in the voters’ list for election to the third respondent-

Bank. The learned Single Judge declined to interfere with the matter and

relegated the petitioner to pursue his remedy by filing an election petition.

2. When the Writ Appeal came up before us on 28.10.2009, we

passed the following order:

“There will be a direction to the Returning
Officer to keep a separate ballot box in respect
of the voters included in Ext.P2 list. It will be
open to the Returning Officer to count the votes
separately. The Returning Officer is also
directed to declare the results of the election
after counting both sets of votes.”

3. The learned counsel appearing for the appellant submits that

now since the election has been conducted, the results have been

announced on 1.11.2009 and the new committee has taken charge, the

appeal can be closed without prejudice to the right of the

W.A. NO. 2366/2009 2

appellant/petitioner to pursue his statutory remedy.

Ordered accordingly and the Writ Appeal is disposed of. There will

be a direction to the third respondent-Bank to keep the ballot box

separately, as kept by the Returning Officer, and all records pertaining to

the election and the counterfoils in safe custody during the tenure of the

present Managing Committee.

(KURIAN JOSEPH)
JUDGE

(C.T. RAVIKUMAR)
JUDGE

sp/

W.A. NO. 2366/2009 3

KURIAN JOSEPH
&
C.T. RAVIKUMAR, JJ.

W.A.NO.2366/2009

JUDGMENT

4th November, 2009

W.A. NO. 2366/2009 4