JUSTIN Vs. STATE OF KERALA

JUDGEMENT

(1.) As an exordium, I must remember that I am bound by the binding precedent of the Honourable Supreme Court in Shri Sant Sadguru Janardan Swami (Moingiri Maharaj) Sahakari Dugdha Utpadak Sanstha & Another Vs. State of Maharashtra & Others ((2001) 8 SCC 509) and Vadathara District Co-operative Sugarcane Producers Union Ltd. Vs. Chandrakantbhai Thakorebhai Patel ((2005) 11 SCC 523) by which the courts acting under Art. 226 of the Constitution of India are prohibited and restrained from interfering with issues relating to elections and specifically those concerning the Electoral Roll once notifications for such elections are published. I am aware that the Honourable Supreme Court has clearly delineated the jurisdictional parameters of courts in relating to such disputes and has proscribed any form of interference once the process has begun. I keep this in mind while considering the nature of the reliefs that can be granted to the petitioners in these writ petitions.

(2.) These writ petitions are filed by the members of the Moothakara Fishermen Development Welfare Cooperative Society under the jurisdictional control of the third respondent. The Society operates under the provisions of the Kerala Co-operative Societies Act and Rules and is presently being administered by an Administrator.

(3.) The controversy arose when proceedings were notified for the purpose of conduct of elections to the managing committee of the Society, which was resisted on various grounds by the petitioners. They appear to be essentially aggrieved by the manner in which the voters' list was prepared and published and they allege that several undeserving persons have been inducted into the list by the then managing committee. They, therefore, have filed these writ petitions seeking various prayers, including that the process of election be interdicted. Since these writ petitions contain substantially the same averments, make more or less identical allegations and have sought reliefs which are connected to each other, I deem it appropriate that these writ petitions be disposed of jointly by this judgment. For the purpose of convenience, W.P.(C) No.37802/2015 is treated as the lead case and reference to the parties in this judgment will be as per the manner in which they are arrayed in the said writ petition.