IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 16331 of 2009(J)
1. V.K.KRISHNAMURTHY, AGED 54 YEARS,
... Petitioner
Vs
1. STATE OF KERALA REP. BY THE SECRETARY,
... Respondent
2. STATE CO-OPERATIVE ELECTION COMMISSION,
3. DEPUTY DIRECTOR, OFFICE OF THE DEPUTY
4. KSHEEROTHPADHAKA SAHAKARANA SANGAM,
5. THE RETURNING OFFICER/DIARY EXTENSION
For Petitioner :SRI.RAJIT
For Respondent : No Appearance
The Hon'ble MR. Justice ANTONY DOMINIC
Dated :17/06/2009
O R D E R
ANTONY DOMINIC, J.
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W.P.(C) NO. 16331 OF 2009 (J)
=====================
Dated this the 17th day of June, 2009
J U D G M E N T
In terms of the provisions of the Kerala Co-operative
Societies Act and Rules, the election to the 4th respondent society
was scheduled on 22/5/2009 and voters list was finalised and all
procedural formalities were complied with. At that stage
consequent on the parliamentary election, by Exts.P2 and P3,
elections were ordered to be postponed. According to the
petitioner, now proceedings are being taken to hold the election
with the same voters list. Thereupon, he filed Ext.P5
representation to the Registrar requesting that fresh voters list be
taken. It is stated that such a voters list is necessary for the
reason that in the interregnum, many of the members of the
society have become ineligible to vote and many of them have
become eligible.
2. In my view, such a repetitive preparation of the voters
list is not contemplated in the rules. If for any reason, an election
process once commenced is postponed, the electoral roll should
remain the same. If that be so, the prayer made by the petitioner
WPC 16331/09
:2 :
cannot be accepted.
3. Although the counsel for the petitioner submitted that
in terms of the bylaws, preparation of a fresh voters list is
necessary, having regard to the statutory provisions, I cannot
accept the contention raised.
Writ petition fails and is dismissed.
ANTONY DOMINIC, JUDGE
Rp