JACOB SEBASTIAN Vs. THE STATE CO-OPERATIVE ELECTION ...

JUDGEMENT

(1.) This writ petition is filed by an elected member to the Board of Directors of North Wayanad Co-operative Rubber and Agricultural Marketing Society. The said society is a member of the fourth respondent-Kerala State Co-operative Marketing Federation Ltd., challenging inclusion of respondents 6 to 18 in the final list of voters of the Board of Directors of 4th respondent Federation, on the ground that those respondents are defunct societies and not in existence. The petitioner appears to have raised an objection before the Electoral Officer against inclusion of respondents 6 to 18. According to the petitioner, the Electoral Officer without considering his objection, included respondents 6 to 18 among the voters' list.

(2.) The petitioner had taken out notice by Special Messenger to respondents 6 to 18. Notice to respondents 6 to 8 and 11 to 17 returned stating that no such office working in the given address. The petitioner relying on this would argue that no such societies are in existence and the inclusion of their names in the voters' list was with a mala fide intention to elect persons of the choice of the Electoral Officer.

(3.) The scope of interference of this court in an election to a co- operative society is very limited. The existence of a voter is essentially to be examined based on evidence. This court cannot assume existence of such facts. The petitioner is having an efficacious alternative remedy under Section 69 of the Co-operative Societies Act, 1969. The petitioner can effectively use the forum once the election is over. Therefore, the writ petition has to be dismissed with liberty to the petitioner to invoke remedy under Section 69 of the above Act after the election is over.