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Jose George

High Court Of Kerala|27 November, 2014
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JUDGMENT / ORDER

The petitioner is aggrieved with the inclusion of 673 members, the votes of whom are sought to be polled in a separate box. Primarily, it is to be noticed that none of the said persons are impleaded herein. Further it is also noticed that the election notification published at Ext.P1, specifically provided for raising objections before the Electoral Officer. The said objections were to be filed on 27.10.2014. Admittedly, the petitioner has not filed any such objection. The petitioner's contention is that the said objection was not received and he had approached the Joint Registrar of Co-operative Societies seeking consideration of the objections. It is to be noticed that the objection filed before the Joint Registrar does not have such a contention. Hence, definitely it is an after thought and this court cannot countenance such arguments, which are raised first time by W.P.(C) No.31759 of 2014 - T 2 the petitioner before this Court. 2. In any event, if ineligible members are included in the voters list, that would be a question which has to be agitated in a properly instituted election petition. This Court cannot invoke the extra ordinary jurisdiction under Article 226 of the Constitution of India to consider the same.
The writ petition would stand dismissed leaving open the contentions of either parties.
Sd/-
K. VINOD CHANDRAN, JUDGE SB // true copy // P.A To Judge.
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Title

Jose George

Court

High Court Of Kerala

JudgmentDate
27 November, 2014
Judges
  • K Vinod Chandran
Advocates
  • Sri Liji
  • J Vadakedom Smt Rexy
  • Elizabeth Thomas