C.SIVANKUTTY Vs. THE ELECTION COMMISSIONER

JUDGEMENT

(1.) The petitioner, who is the Member of the 2 nd respondent Co- operative Society, which is a Society registered under the Kerala Co-operative Societies Act, with membership No.2612, has filed this writ petition under Article 226 of the Constitution of India, seeking a writ of mandamus commanding the 1st respondent State Co-operative Election Commission to delete those who have illegally obtained membership in the 2 nd respondent Society and those who died, from Ext.P5 final voters list. The further relief sought for is a writ of mandamus commanding the respondents to adjourn the election to the Managing Committee of the 2 nd respondent Society, which is scheduled to be held on 12.8.2018 in terms of Ext.P2 election notification dated 8.7.2018, till the final voters list is prepared, after deleting the name of those who are either dead or acquired membership illegally. The petitioner has also sought for a writ of mandamus commanding the 1 st respondent to consider and pass appropriate orders on Ext.P3 representation dated 16.7.2018, as expeditiously as possible, at any rate within a time frame to be fixed by this Court and to adjourn the election till the final list is prepared.

(2.) On 6.8.2018 when this writ petition came up for admission, the learned Senior Government Pleader sought time to get instructions.

(3.) Heard the learned counsel for the petitioner, the learned Senior Government Pleader appearing for respondents 1 and 3 and also Sri.P.C.Sasidharan, the learned counsel who entered appearance for the 2nd respondent Society.