RAVEENDRAN PILLAI Vs. STATE CO-OPERATIVE ELECTION COMMISSION

JUDGEMENT

(1.) The petitioner, who claims to be a member of the 4 th respondent-Society, has filed this writ petition alleging that his objections against the preliminary Voters List, prepared by the Electoral Officer for elections to the Managing Committee of the said Society has not been considered; and that consequently, 197 ineligible persons have been now included in the Final Voters List.

(2.) The petitioner says that his objections to the Preliminary Voters List, namely Ext.P3, was preferred in time and therefore, that the Electoral Officer was obligated to consider it and issue necessary orders in terms of law. He, therefore, prays that the elections scheduled by the Election Commission on 02.08.2019, through Ext.P2 notification, be directed to be deferred. Alternatively, he prays that the votes of these 197 members be directed to be cast in a separate ballot box, so as to enable him to invoke his remedies in law after the elections are over.

(3.) Sri.R.Lakshmi Narayan, the learned Standing Counsel appearing for the Election Commission submits that he does not stand in the way of the alternative prayer afore made by the petitioner but points out that Ext.P3 has been preferred by the petitioner not to the Electoral Officer but only to the Returning Officer. He says, therefore, that the allegation that the same was not considered by the Electoral Officer cannot be found to be correct. He asserts that, in any event of the matter, the petitioner cannot seek that the processes of election be interdicted by this Court at this stage and that he must invoke his alternative remedies, if he is so advised.