Viswanathan Nair K. S vs. Thomas Philip

<pre>Court 8 (Video Conferencing)</pre> ITEM NO.35 SECTION XI-A 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: 26-03-2021 These matters were called on for hearing today. CORAM : HON'BLE MR. JUSTICE SANJAY KISHAN KAUL HON'BLE MR. JUSTICE R. SUBHASH REDDY For Petitioner(s) Mr. M. Gireesh Kumar, Adv. Mr. Ankur S. Kulkarni, AOR Mr. S. Parthasarathi, Adv. For Respondent(s) Mr. Deepak Prakash, AOR Mr. Nachiketa Vajpavee, Adv. Ms. Divyangna Malik, Adv. Mr. Abhishek Bhati, Adv. Ms. Prerna Robin, Adv. Mr. Jishnu M.L., Adv. Ms. Priyanka Prakash, Adv. Ms. Beena Prakash, Adv. Mr. G. Prakash, AOR Mr. C. K. Sasi, AOR UPON hearing the counsel the Court made the following O R D E R On 26.02.2021 it was agreed that to put the controversy at the ballots lying in a sealed cover can also be counted and could be determined whether the petitioner or respondent No.1

stands elected. This exercise was directed to be undertaken by the

Cooperative Arbitration Court under the Kerala Cooperative

$\mathbf{1}$

Societies Act, 1969 as aforesaid by learned counsel for the parties.

The Cooperative Arbitration Court has carried the de novo tabulation of the result in terms of that order and has now submitted a report before us in terms whereof the petitioner has got 492 votes while respondent No.1 has got 537 votes. There is no doubt that it is respondent No.1 who stands elected.

In view of the aforesaid, nothing survives in the present Special Leave Petition which is accordingly dismissed.

Pending applications stand disposed of.

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