N.P.SOMAN Vs. ABRAHAM MAMMEN CHETHOMKARA HOUSE

JUDGEMENT

(1.) These appeals arise from the judgment dated The 5th respondent 05.09.2019 in W.P.(C) No.23779/2019. therein filed the former appeal and the 4th respondent therein filed the latter appeal. The writ petition was filed by 9 members of Pazhavangadikkara Service Co-operative Bank Limited No.994. The election to the Society was notified under Ext.P3 notification dated 13.08.2019 fixing the date of polling as 28.09.2019. A preliminary voters list was published by the Electoral Officer on 24.08.2019. Subsequent to the publication of the preliminary voters list, objections were raised in respect of 752 persons. After issuing notices, the Electoral Officer was about to consider their eligibility to be retained as voters. In fact, it was at that point of time, the writ petition was filed. In the writ petition, an interim order was passed by this Court on 27.09.2019 and hence, the Electoral Officer did not pass final order on the question of exclusion or otherwise of those persons against whom objections were raised. Subsequently, he furnished two lists before this Court viz. Annexure-AI containing names of 6033 persons eligible to cast vote in the election and the second list viz. Annexure-AII containing the names of 677 persons who, according to him, are not eligible to be included in the final list. The learned Single Judge did not adjudicate the writ petition on merits and virtually disposed of the writ petition permitting all the 6710 persons (6733 + 677) to cast their votes in the election. Further it was ordered thereunder that votes cast by all the persons included in both the lists shall be counted and the results shall be declared based on such counting. It is aggrieved by the said liberty granted to counting of the votes and declare the final result based on such counting that these appeals were filed.

(2.) When the appeals came up for consideration, we passed an interim order on 27.09.2019. Taking note of all the aforesaid aspects, it was ordered :-

(3.) In terms of the order dated 27.09.2019, the Returning Officer furnished the details regarding the votes cast in respect of different constituencies in a sealed cover. We have perused the same. Indisputably, under the general category or from the general constituency, six persons have to be elected and under the constituency reserved for women, three have to be elected and from the category or constituency reserved for Scheduled Caste and Scheduled Tribes, one person has to be elected. The details furnished before us would reveal that under the general category, the persons who obtained highest numbers of votes are six persons:-