Sulfikarulla.T vs Kerala State Co-Operative Election Commission

N.Nagaresh, J

The petitioner earlier approached this Court filing W.P.(C) No.31704 of 2024. In the said writ petition also, the petitioner raised legality of membership given to 1850 persons in the 3rd respondent-Bank. The writ petition was disposed of without granting any relief to the petitioner, but at the same time, making it clear that the petitioner will be at liberty to agitate the issue of illegal membership invoking Section 69 of the Kerala Co-operative Societies Act, if the petitioner is so advised.

It is submitted that now the election is scheduled to be held on 16.11.2024. The petitioner proposes to invoke Section 69 of the Kerala Co-operative Societies Act. Unless the disputed votes are cast in separate ballot box and kept separately, the petitioner’s remedy under Section 69 will not be effective.

I have heard the learned Counsel appearing for the petitioner, the learned Standing Counsel representing respondents 1 and 2 and the learned Counsel representing the 3rd respondent.

Counsel representing the 3rd respondent would submit that total number of disputed votes which is stated to be 1013 are not covered by the membership Nos.35970 to 36892.

Taking into consideration all the afore facts, I am of the view that certain directions can be given in this writ petition to safeguard the interest of the petitioner, in case the petitioner invokes Section 69.

The writ petition is therefore disposed of directing the 2nd respondent-Returning Officer / Unit Inspector to arrange to cast votes from membership Nos.35970 to 38832 in a separate ballot box. It is made clear that the votes so casted can be counted for the purpose of declaration of election result. However, votes in respect of the aforesaid membership numbers should be maintained separately in a separate ballot box.