G.H.Guttal, J. - (1.) The elections to the Managing Committee of the Kothamangalam Co-operative Marketing Society Limited, the respondent No. 1 herein, are scheduled to be held on 19-3-1994 under the supervision of tbe Returning Officer who is the respondent No 3 herein. The respondent No. 2 is the Joint Registrar of Co-operative Societies. There are about 2000 members who are expected to vote at the election. The petitioner is a candidate. It is undisputed that the list of members qualified to vote prepared under clause (b) of sub-rule (3) of Rule 35 of the Kerala Co-operative Societies Rules does not specify the names of father or husband of the members so as to facilitate the identity of the voter. This is likely to prejudice the elections. Therefore the petitioner seeks a direction from this court that the Returning Officer shall refrain from proceeding with the elections with such a list of voters.
(2.) Two points have been urged by learned counsel for the petitioner : (i) Having regard to the judgment of this Court in O. P. No. 879 of 1994-D the final list of voters which does not contain the details including the name of the father or husband and address of such members is invalid. (ii) The members listed in the final list cannot be considered as qualified to vote unless they possess the identity cards issued under Rules 16-A and 16-B.
(3.) If the voter's complete name is not mentioned it is difficult to identify who the member is. It is the statutory requirement of Rule 35 (b) that the list "shall specify the admission number, name of the member, name of the Father or Husband and the address of such member". Such specification is essential for the constitution of a credible list of members quilified to vote. The petitioner is right in his submission that in the absence of the requisite particulars elections are likely to be prejudiced, confusing in the process, the candidates, their agents and voters. In my opinion, the election cannot proceed on the basis of such a list. CTJ -72;