ABOOBACKER Vs. STATE CO-OPERATIVE ELECTION COMMISSION

JUDGEMENT

(1.) We have heard learned counsel for the appellant and with his consent we are disposing of this appeal at this state itself.

(2.) This intra court appeal is against the judgment of the learned single Judge dated 05.10.2017 passed in W.P.(C) No. 31736 of 2017 wherein the prayer sought for by the petitioner to declare that the members listed in Exhibit P4 voters list of the Kumaramputhur Service Co-Operative Bank Ltd. No. P373 was ineligible to be treated as members of the Bank and for quashing Exhibit P7 order of the 5th respondent was repelled. The learned single Judge without interfering with the election process, granted a very limited relief and directed that, those ballot papers in respect of persons whose enrollment as members of the Co-operative Society by issuance of shares were challenged, would be maintained in a separate box and left the petitioner to take his remedies before appropriate forum after results were declared.

(3.) We may note the salient facts. It appears that on 17.09.2014, the Managing Committee's term having been expired, an Administrative Committee of three members was appointed by the Joint Registrar of Co-operative Societies. It also appears that some of the members of the Co-operative Society came to know that allegedly and unauthorisedly large number of members were being enrolled without any authorisation and share certificates were being issued by the Secretary of the Co-operative Society. Ext.P1 objection dated 20.03.2015 having been filed, one member of the Administrative Committee allegedly was entrusted to enquire and file report which report is Ext.P2 dated 25.12.2015. The report notices that about 4,677 persons were wrongly and unauthorisedly inducted as members. Allegedly on the basis of aforesaid, they constituted an adhoc committee, which, by Ext.P3 dated 19.01.2016, resolved to delete their names from the voters list. The appellant contends that when fresh elections were to be held on 29.08.2017 draft voters list was published and noticing that the names of members deleted earlier being retained therein, objection was filed by the petitioner. On 31.08.2017, the 2nd respondent-Electoral Officer rejected the complaint by Ext.P6 dated 31.08.2017. Notification of election was then issued on 20.09.2017 fixing 15.10.2019 as the date for election.