IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT:
THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN TUESDAY, THE 7TH DAY OF OCTOBER 2014/15TH ASWINA, 1936 WP(C).No. 25313 of 2014 (L) ----------------------------
PETITIONER(S):
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RAJ KUMAR MEMBER NO.4100, PADIPPURAVILAKAM HOUSE, VATTAVILA PO THIRUVANANTHAPURAM BY ADVS.SRI.P.N.MOHANAN SRI.C.P.SABARI RESPONDENT(S):
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1. THE CHIEF CO-OPERATIVE ELECTION COMMISSIONER STATE CO-OPERATIVE ELECTION COMMISSION CORPORATION OFFICE COMPLEX, LMS JUNCTION, PALAYAM THIRUVANANTHAPURAM, 695 033.
2. ELECTORAL OFFICER TO CHENKAL SERVICE CO-OPERATIVE BANK LTD.NO.1258 CHENKAL PO 695 132 IN THE OFFICE OF ASSISTANT REFGISTER (GENERAL) NEYYATTINKARA THALUK, THIRUVANANTHAPURAM.
3. RETURNING OFFICER TO CHENKAL SERVICE CO-OPERATIVE BANK LTD.NO.1258, CHENKAL PO 695 132 IN THE OFFICE OF ASSISTANT REFGISTER (GENERAL) NEYYATTINKARA THALUK, THIRUVANANTHAPURAM.
4. CHENKAL SERVICE CO-OPERATIVE BANK LTD.NO.1258, REPRESENTED BY SECRETARY, CHENKAL PO 695 132 THIRUVANANTHAPURAM
5. JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES(G) THIRUVANANTHAPURAM R4 BY ADV. DR.PAULY MATHEW MURICKEN R5 BY GOVERNMENT PLEADER SRI R RANJITH THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07-10-2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 25313 of 2014 (L) ----------------------------
APPENDIX PETITIONER(S)' EXHIBITS -------------------------------------
EXHIBIT P1 COPY OF THE ELECTION NOTIFICATION PUBLISHED IN MATHRUBHUMI DAILY 19/9/2014 RESPONDENT(S)' EXHIBITS: NIL ---------------------------------------
TRUE COPY P.A TO JUDGE K. VINOD CHANDRAN, J - - - - - - - - - - - - -- - - - - - - - - - - - - - - - W.P.(C) No.25313 OF 2014 - - - - - - - - - - - - - - - - - - - - - - - - - - - -
Dated this the 07th day of October, 2014 J UD G M E N T The petitioner is aggrieved with the condition in Ext.P1 notification which mandates that a member to give a valid nomination in an election to be conducted on 26.10.2014 in the depositors constituency would have to maintain a deposit for the last two years. This Court had directed production of bye-laws. The learned counsel for the respondent Bank has produced bye-laws today, in which there is no such stipulation. In such circumstances, the notification to that extent would be improper. However, that according to this Court is not a reason to interdict the election as such, since the date for filing nominations has not yet reached.
2. The learned counsel for the respondent Bank submits that there would be an erratum notification published immediately indicating that any depositor would file his nomination to the election, on the Election Commission permits the same.
W.P(C) No.25313/2014 ::2::
In such circumstance, the Election Commission is directed to issue an erratum notification immediately so as to facilitate its publication on or before 10.10.2014. The Bank shall also exhibit it in the Notice Board of the Bank.
Writ petition disposed of accordingly.
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(K. VINOD CHANDRAN, JUDGE) jma //true copy// P.A to Judge