Viswanathan Nair K. S vs. Thomas Philip

Court 8 (Video Conferencing) SECTION XI-A ITEM NO.33 SUPREME COURT OF INDIA RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (C) $No(s)$ . 6236/2019 (Arising out of impugned final judgment and order dated 22-02-2019 in WA No. 678/2019 passed by the High Court Of Kerala At Ernakulam) VISWANATHAN NAIR K.S Petitioner(s) VERSUS THOMAS PHILIP & ORS. Respondent $(s)$ IA No. 127767/2020 - APPROPRIATE ORDERS/DIRECTIONS <pre>IA No. 52164/2019 - VACATING STAY)</pre> Date: 26-02-2021 These matters were called on for hearing today. CORAM : HON'BLE MR. JUSTICE SANJAY KISHAN KAUL HON'BLE MR. JUSTICE HEMANT GUPTA For Petitioner(s) Mr. M. Gireesh Kumar Adv. Mr. Ankur S. Kulkarni, AOR Mr. S. Parthasarathi Adv For Respondent(s) Mrs. Privanka Prakash Adv. Mrs. Beena Prakash Adv. Mr. G. Prakash, AOR Mr. Deepak Prakash, AOR Mr. C. K. Sasi, AOR UPON hearing the counsel the Court made the following $0$ R D F R

We have heard learned counsel for parties. It appears that the short controversy is as to whether the petitioner or respondent No.1 has polled more votes.

It appears that in the first round of counting each table was with 110 votes each and thus, 880 votes were counted. Rest of the 885 votes were counted in the second round with 8 tables in the same fashion. The issue which has arisen before this Court is whether the election officer is functus officio once having declared the result and can he seek to vary the result after

a span of three days.

The matter came up before this Court against an interim order and has prevailed in that situation since then.

In order to find out an appropriate solution, on hearing learned counsel for parties, it is agreed that since the ballots are lying in a sealed cover, the ballots can be recounted and it can be easily determined as to whether the petitioner or the respondent No.1 stands elected.

On our query, it is suggested that the Cooperative Arbitration Court under the Kerala Cooperative Societies Act, 1969 is a body which can carry out the necessary task.

We thus, call upon the Cooperative Arbitration Court to carry out a de novo tabulation of the result vis-à-vis the petitioner and respondent No.1 and submit the same before this Court so that the controversy can be put to an end.

The needful be done before the next date.

List on 22.03.2021.

A copy of the order be sent forthwith to the Cooperative Arbitration Court and learned counsel for parties be also issued dasti order to facilitate the said order being placed before the Arbitration Court.

(ASHA SUNDRIYAL) (POONAM VAID) ASTT. REGISTRAR-cum-PS COURT MASTER (NSH)