LAWS(KER)-2020-11-716

AJAYAKUMAR Vs. KERALA STATE CO-OPERATIVE ELECTION COMMISSIONER

Decided On November 24, 2020
AJAYAKUMAR Appellant
V/S
Kerala State Co-Operative Election Commissioner Respondents

JUDGEMENT

(1.) The petitioner is a member of the Pullanni Karunilacode Ksheerolpadaka Cooperative Society ('Society' for short). He has approached this Court seeking a direction to the 1st respondent, Election Commission, to consider his request for postponing the election to the Managing Committee which is scheduled to be held on 3.12.2020.

(2.) The petitioner states that the area of operation of the Society is Ward No. VII and VIII of the Varkala Municipality. The membership of the Society, as per the provisions of the bye-laws, is limited to persons living in the area of operation. The 1st respondent notified the election to be held on 3.12.2020. The objection to the votes list had to be raised on or before 5.11.2020 and the final voters list had to be published on or before 7.11.2020. The petitioner is a candidate to the election. He noticed that respondents 7 to 15 are permanent residents of Panchayat and Municipalities outside the jurisdiction of the area of the operation of the Society. In the said circumstances, he filed Ext.P4 objection before the Electoral Officer. The objection was heard and the Electoral Officer came to the conclusion that respondents 7 to 15 having been included in the voters list of the Society, they cannot be excluded. It is the case of the petitioner that the Electoral Officer has abdicated his duty and has issued a non-speaking order. In the said circumstances, the petitioner submitted Ext.P6 representation before the 4th respondent. When no action was taken, the petitioner filed a petition before the 1st respondent seeking to postpone the election and also to remove the names of respondents 7 to 15 from the voters list. It is thereafter that he has approached this Court seeking a direction to the 1st respondent to hear the protest raised before the Cooperative Election Commission on 10.11.2020 or to postpone the election till the finalization of the voters list.

(3.) Sri.R.Anilkumar, the learned counsel appearing for the petitioner submitted that respondents 7 to 15 are permanent residents of Elakamon Grama Panchayat and Edava Grama Panchayat and they are bound to be removed from the voters list. He would contend that the Electoral Officers are duty-bound to consider the objections objectively and what has happened in the instant case is an abdication of duty.