RAMACHANDRAN Vs. STATE CO-OPERATIVE ELECTION COMMISSION

JUDGEMENT

(1.) The petitioner, who is a member and former President of the 5th respondent Jail Employees Welfare Co-operative Society, which is a 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 a writ of mandamus commanding respondents 1 and 2 to remove the persons included as serial Nos.128 to 173 in Ext.P10 final voters list published by the 2nd respondent Electoral Officer, as they are enrolled by the 4th respondent Administrative Committee and a further direction to respondents 1 and 3 to conduct election to the Managing Committee of the 5th respondent Society in the office of the Society or in Chelad North L.P.School or Radhavilasam UP School, as per Exts.P8 and P9 consent letters issued by the Headmaster of the respective Institutions, instead of conducting election at a distance of 15 kms. from the headquarters of the Society. The petitioner has also sought for an order to take action against the 6th respondent for filing a false statement before this Court in W.P. (C)No.28977 of 2018, as evidenced by Ext.P3; and a declaration that the persons included in the voters list having serial No.128 to 173 are not entitled to vote as they are enrolled by the 4th respondent Administrative Committee.

(2.) On 30.10.2018, when this writ petition came up for admission, the learned Senior Government Pleader took notice for respondents 1 to 3, 6 and 7. Urgent notice by special messenger was ordered to respondents 4 and 5 returnable by 02.11.2018. The learned counsel for the petitioner, after referring to Ext.P1 order dated 25.07.2013 of the Superintendent of Central Prison, Kannur, pointed out that the averment in paragraph 5 of Ext.P3 statement filed by the 6th respondent Joint Registrar that the office of the 5th respondent Society is located within Kannur Central Prison compound, is factually incorrect. The learned Senior Government Pleader sought time to get instructions, who was directed to get specific instructions from the 3rd respondent Returning Officer as to the averments in paragraph 1 of the writ petition.

(3.) A statement has been filed on behalf of respondents 2, 3 and 6. Paragraphs 8 and 9 of the said statement deal with the averments made in paragraph 5 of Ext.P3 statement filed by the 6th respondent Joint Registrar in W.P.(C).No.28977 of 2018.