This Writ Appeal by committee members against the Returning Officer and the Cooperative Society was dismissed. The High Court declined to interfere with the Single Judge's finding that the election dispute must be settled by an Election Court through vote counting and that no alternate remedy existed for the appellants.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE C.N.RAMACHANDRAN NAIR & THE HON'BLE MR. JUSTICE BABU MATHEW P.JOSEPH
FRIDAY, THE 3RD DAY OF FEBRUARY 2012/14TH MAGHA, 1933
WA.No. 170 of 2012 ()
AGAINST THE ORDER/JUDGMENT IN WPC.2177/2012 DATED 25-01-2012
APPELLANT(S)/PETITIONERS:
1. A.NIZAM
2. K.I.GEORGE
BY ADVS.SRI.B.S.SWATHY KUMAR
SMT.M.G.AISHWARYA
RESPONDENT(S):/ RESPONDENTS
1. THE RETURNING OFFICER (INSPECTOR OF CO-OPERATIVE SOCIETIES, NORTH UNIT
2. ERNAKULAM SOUTHERN RAILWAY EMPLOYEES CONSUMER CO-OPERATIVE SOCIETY LTD.NO.E-4,
3. AYYAPPAN NAIR,
BOARD OF DIRECTORS OF ERNAKULAM SOUTHERN RAILWAY EMPLOYEES CONSUMER CO-OPERATIVE SOCIETY LTD.NO.E-4
4. UNNIKRISHNAN P.
W.A.NO.170/2012
5. PRASANTHAN K.B.
6. MOHANAN N.K. DIRECTOR BOARD OF DIRECTORS OF ERNAKULAM SOUTHERN RAILWAY EMPLOYEES CONSUMER CO-OPERATIVE SOCIETY LTD.NO.E-4
ERNAKULAM SOUTH, KOCHI-682016.
7. RAVIKUMAR N. DIRECTOR
ERNAKULAM SOUTH, KOCHI-682016.
8. JANCY K.GEORGE DIRECTOR
9. PREMAKUMARI M. DIRECTOR
ERNAKULAM SOUTH, KOCHI-682016.
10. RADHA P.M. DIRECTOR
BOARD OF DIRECTORS OF ERNAKULAM SOUTHERN RAILWAY EMPLOYEES CONSUMER CO-OPERATIVE SOCIETY LTD.NO.E-4
11. SETHUNAMBURAJ K.
BY MR.LIJU STEPHEN, GOVERNMENT PLEADER
THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 03-02-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
C.N.RAMACHANDRAN NAIR & BABU MATHEW P.JOSEPH, JJ.
W.A. No.170 of 2012
.................................................................... Dated this the 3rd day of February, 2012.
J U D G M E N T
Ramachandran Nair, J.
This Writ Appeal is filed against the judgment of the learned Single Judge declining to interfere with the election to the managing committee of a Society. The clear finding of the learned Single Judge is that the dispute raised by the appellants could be settled by counting the votes, which is rightly found to be an exercise to be done by Election Court. We therefore do not find any ground to deviate from the view taken by the learned Single Judge directing the appellants to pursue alternate remedy. Accordingly, we dismiss this Writ Appeal.
(C.N.RAMACHANDRAN NAIR, JUDGE)
(BABU MATHEW P.JOSEPH, JUDGE)
jg
1 issue framed by the court
Whether the Election Court has the competence to count votes to settle the dispute regarding the election to the managing committee of a cooperative society.
A.Nizam
K.I.George
Ernakulam Southern Railway Employees Consumer Co-Operative Society Ltd.
C.N.Ramachandran Nair
Babu Mathew P.Joseph
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
