SANKARANARAYANAN AND OTHERS Vs. THE STATE CO

JUDGEMENT

(1.) The petitioners, who are stated to be the members of Vithinassery Service Co-operative Bank Ltd. No.282, the 4th respondent Society, have approached this Court in this Writ Petition filed under Article 226 of the Constitution of India, seeking an order to set aside Ext.P4 list of candidates as having 'elected unopposed' in the election to the Managing Committee of the said Society conducted as per Ext.P1 election notification dated 12.10.2017. The petitioners have also sought for a declaration that the election process conducted in the 4th respondent Society is vitiated by fraud, malafides and is illegal and that, there was no election to the Managing Committee as notified in Ext.P1.

(2.) Heard the learned counsel for the petitioners, the learned counsel for the 4th respondent Society, and also the learned Special Government Pleader appearing for the respondents 1 to 3.

(3.) According to the petitioners, the 3rd respondent Electoral Officer did not publish the draft voters list and final voters list as provided under Ext.P1 election notification. On 22.11.2017, the Secretary of the 4th respondent Society refused to give them nomination papers, stating that, the 2nd respondent Returning Officer is not in station. At the same time, nomination papers were issued to the members who owe their allegiance to the ruling party. Further, the entry to the Society was blocked by the leaders and workers of the Communist Party of India (Marxist) and the local police chose to remain mute spectators in the presence of the local MLA. In support of the aforesaid contentions, the petitioners would rely on Ext.P2 photographs and Ext.P3 complaint dated 22.11.2017 submitted before the Sub Inspector of Police Nemmara.