A R POULOSE Vs. ELECTORAL OFFICER

JUDGEMENT

(1.) The petitioner, who is a member of the 3rd respondent Service Co-operative Bank, which is a Co-operative Society registered under the Kerala Co-operative Societies Act, 1969 and the Rules made thereunder, has filed this writ petition under Article 226 of the Constitution of India seeking an order for exclusion of the persons, who are included in Ext.P3 list of members, from the final voters list for the election to the Managing Committee of the Society scheduled on 25.11.2018 as per Ext.P1 election notification or in the alternative, direct collection of their votes in a separate box and to count them only after proper adjudication regarding their right for inclusion in the voters list. The petitioner has also sought for a declaration that the 1st respondent Electoral Officer ought to have verified with the Society as to whether the persons included in Ext.P3 were enrolled based on an application and after following the formalities and removed them from the voters list on a finding that there was no application by them to become members of the Society.

(2.) On 15.11.2018, when this writ petition came up for admission, this Court admitted the matter on file. The learned Government Pleader took notice for respondents 1 and 2. Urgent notice was ordered to respondents 3 and 4 through special messenger.

(3.) Heard the learned counsel for the petitioner, the learned Government Pleader appearing for respondents 1 and 2, the learned counsel for the 3rd respondent and also the learned counsel for the 4th respondent.