High Court disposed of a writ petition regarding elections in a cooperative bank. The Court held that the withdrawn notification requires fresh elections to comply with specific Act sections and rules.
Fresh election to be conducted in conformity with statutory provisions pending withdrawal of the original notification.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE V.CHITAMBARESH
WEDNESDAY, THE 4TH DAY OF MARCH 2015/13TH PHALGUNA, 1936
WP(C).No. 4543 of 2015 (P)
PETITIONER:
K.P.THOMAS, S/O.PAULOSE, AGED 65 YEARS KOLANIYIL HOUSE, KALLADIKODE (PO), PALAKKAD
BY ADVS.SRI.V.G.ARUN SRI.T.R.HARIKUMAR
RESPONDENTS:
1. KALLADIKODE SERVICE CO-OPERATIVE SOCIETY LTD.7489 REPRESENTED BY ITS SECRETARY, KALLADIKODE PALAKKAD - 678 596
*** NAME OF FIRST RESPONDENT CORRECTED AS:**
KALLADIKODE SERVICE CO-OPERATIVE BANK LTD.NO.7489 CORRECTED AS AS PER ORDER DATED 19.02.2015 IN IA 2531/15.
2. THE ELECTORAL OFFICER OF KALLADIKODE SERVICE CO-OPERATIVE SOCIETY LTD.,
3. THE UNIT INSPECTOR OF KALLADIKODE SERVICE CO-OPERATIVE ` SOCIETY LTD
[OFFICE OF THE ASSISTANT REGISTRAR (GENERAL) OF CO-OPERATIVE SOCIETITES MANNARKAD, PALAKKAD - 678 582]
4. THE STATE CO-OPERATIVE ELECTION COMMISSION THIRUVANANTHAPURAM - 695001
R1 BY ADV. SRI.V.M.KURIAN
R4 BY GOVERNMENT PLEADER SRI. GIKKU JACOB
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04-03-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 4543 of 2015 (P)
APPENDIX
PETITIONER(S)' EXHIBITS
EXT.P1TRUE COPY OF THE ELECTION NOTIFICATION DATED 27.1.2015 EXT.P2TRUE COPY OF HTE CERTIFICATE DATED 31.12.2014 REGISTERING BYELAW AMENDMENT
EXT.P3TRUE COPY OF THE OBJECTION DATED 4.2.2015 SUBMITTED BY CERTAIN MEMBERS OF THE SOCIETY.
RESPONDENT(S)' EXHIBITS:- NIL
/TRUE COPY/
P.A. TO JUDGE
DCS
V. CHITAMBARESH, J
W.P.(C). NO. 4543 OF 2015
Dated this the 4th day of March, 2015
JUDGMENT
The Election Commission has since withdrawn the election notification by order dated 16.02.2015. Fresh election has necessarily to conform to Sections 16A and 19A of the Kerala Co-operative Societies Act and Rule 18A of the Rules framed thereunder.
The writ petition is disposed of.
V. CHITAMBARESH JUDGE
DCS
1 issue framed by the court
Whether fresh elections must conform to specific sections of the Kerala Co-operative Societies Act after withdrawal of the notification.
3 provisions across 2 enactments
K.P. THOMAS
KALLADIKODE SERVICE CO-OPERATIVE BANK LTD.
THE ELECTORAL OFFICER OF KALLADIKODE SERVICE CO-OPERATIVE SOCIETY LTD.
THE UNIT INSPECTOR OF KALLADIKODE SERVICE CO-OPERATIVE SOCIETY LTD
THE STATE CO-OPERATIVE ELECTION COMMISSION
V. CHITAMBARESH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
