R. SUBASH Vs. STATE CO-OPERATIVE ELECTION COMMISSION, THE ELECTORAL OFFICER, THE RETURNING OFFICER, OTTOOR SERVICE CO-OPERATIVE BANK LTD., REPRESENTED BY ITS SECRETARY

JUDGEMENT

(1.) THE petitioner is a member of the respondent society to which elections are scheduled on 8.2.2014. The petitioner contends that as per the notification, though a draft voters list is to be published on 4.1.2014; no such list was published and that on the publication of the final voters list it was detected that there were ineligible persons included in the final voters list. There is also a contention that the outgoing Managing Committee has resorted to en masse enrolment of members that too within the statutorily prohibited sixty day period, of the elections scheduled. The petitioner seeks an interdiction of the elections and a fresh election to be conduced as mandated under the Kerala Co -operative Societies Act and Rules, 1969.

(2.) THE petitioner society has around 6054 members and election was scheduled as per Ext.P1 notification dated 23.12.2013. Though the petitioner contends that no draft voters list was published it is the submission of the learned Special Government Pleader, on instruction from the Electoral Officer, that in fact, a draft voters list was published on the notice board of the society and that no objections were received. Admittedly, the petitioner has not filed an objection.

(3.) LOOKING at the averments made in the writ petition as also the arguments made before Court, all the allegations raised here, would require adjudication of facts. Whether a draft voters list was published, as also members included in the final voters list being outside the area of operation of the society are all matters requiring examination of facts. It is trite that disqualification of members is not a procedure contemplated at the time of elections and obviously, the petitioner does not have a case that he has approached any authority for such disqualification at any earlier point of time.