IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 30153 of 2008(M)
1. THOMAS,S/O SCARIA, MEMEBER,
... Petitioner
2. C.R.MOHANAN, MEMEBER,
Vs
1. THE RETURNING OFFICER (DAIRY
... Respondent
2. KELAKOM KSHEEROLPADA SAHAKARANA SANGHAM
3. THE ADMINISTRATOR,
4. GEETHA PALUMMI, D/O CHANTHU,
For Petitioner :SRI.GEORGE POONTHOTTAM
For Respondent :SRI.M.SASINDRAN
The Hon'ble MR. Justice THOTTATHIL B.RADHAKRISHNAN
Dated :28/10/2008
O R D E R
THOTTATHIL B.RADHAKRISHNAN, J.
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W.P(C).No.30153 OF 2008
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Dated this the 28th day of October, 2008
JUDGMENT
Read order dated 20.10.2008. Following the aforesaid, it is
submitted on behalf of the Returning Officer that the Form 6-B
register was handed over by the Secretary of the society and
thereafter, the election was duly conducted, results declared and
committee has assumed office. There is considerable dispute for
the petitioners to the process adopted. This submission is made
by the learned counsel for the petitioners stating that according
to his clients, 6-B register, which was purportedly handed over
to the Returning Officer, is essentially a concocted document and
prepared for the purpose of getting over the allegations of the
petitioners. With this submission, I do not find any ground for
this Court to probe into the matter or to give any seal of approval
to the process adopted or to the results declared. However, it is
ordered that since the Returning Officer has returned the Form
6- B register to the society, the Secretary will hand it back to the
Returning Officer, who will, after identifying the same and
WPC.30153/08
Page numbers
insuring that it was based on that document that the election
was conducted, retain it in safe custody along with the votes
polled and other election materials, for a period of six months to
exclude any complaint of the petitioners that materials were not
available if they desire to challenge the election before the
competent authority under Section 69 of the Kerala Co-operative
Societies Act, 1969. Following this, the Society/Secretary is
directed to open a fresh 6-B register, if necessary, for their
continued official purpose. The writ petition is ordered
accordingly.
Sd/-
THOTTATHIL B.RADHAKRISHNAN,
Judge.
kkb.