Disposed

K.Rajendran Nair v. State of Kerala

Kerala HC17 Mar 2015WP(C)/7541/2015

Case brief

AI extract

What is this about?

The petitioners sought directions for the early conduct of election to the Managing Committee of Anad Farmers Service Co-operative Bank Ltd. The Court disposed of the petitions, directing the pruning of the voters list by 31.05.2015 and ensuring a new committee assumes office by 31.08.2015.

What did the court decide?

The voters list shall be pruned by 31.05.2015; a new Managing Committee shall assume office not later than 31.08.2015.

K.Rajendran Nair Vs State of Kerala — Cooperative Societies | Kerala HC (2015)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR.JUSTICE V.CHITAMBARESH

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TUESDAY, THE 17TH DAY OF MARCH 2015/26TH PHALGUNA, 1936

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WP(C).No. 7541 of 2015 (P)

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PETITIONER(S)/PETITIONER:

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K.RAJENDRAN NAIR AGED 59 YEARS MEMBERSHIP NO 12927 ANAD FARMERS SERVICE CO-OPERATIVE BANK LTD NO 919 ANAD P O, NEDUMANGAD, TRIVANDRUM R/A.SREE VENKAVILA PAZHAKUTTY P O, NEDUMANGAD TRIVANDRUM

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BY ADVS.SRI.THOMAS ABRAHAM

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SMT.MERCIAMMA MATHEW SRI.V.RENJITH KUMAR SRI.ASWIN.P.JOHN

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RESPONDENT(S)/RESPONDENTS:

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1. STATE OF KERALA

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REP BY SECRETARY DEPARTMENT OF CO-OPERATION GOVERNMENT OF KERALA

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SECRETARIAT, TRIVANDRUM - 695 001.

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2. KERALA STATE CO-OPERATIVE ELECTION COMMISSION CO-BANK TOWERS, TRIVANDRUM - 695 001.

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3. ELECTORAL OFFICER

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ELECTION TO THE MANAGING COMMITTEE OF ANAD FARMERS SERVICE CO-OPERATIVE BANK

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LTD NO 919 O/O.ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL)NEDUMANGAD, TRIVANDRUM - 695 544

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4. RETURNING OFFICER

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ELECTION TO THE MANAGING COMMITTEE OF ANAD FARMERS SERVICE CO-OPERATIVE BANK LTD NO 919 (INSPECTOR OF CO-OPERATIVE SOCIETIES VENJARAMMODU)O/O.ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES(GENERAL)NEDUMANGAD TRIVANDRUM - 695 035

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5. JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES(GENERAL) VANCHIYOOR, THIRUVANANTHAPURAM DIST THIRUVANANTHAPURAM - 695 544

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6. ANAD FARMERS SERVICE CO-OPERATIVE BANK LTD NO 919,

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ANAD P O, NEDUMANGAD, THIRUVANANTHAPURAM REP BY ITS SECRETARY 695 544

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7. CHAIRMAN, ADMINISTRATIVE COMMITTEE ANAD FARMERS SERVICE CO-OPERATIVE BANK LTD NO 919 ANAD P O, NEDUMANGAD, THIRUVANANTHAPURAM - 695 544

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R7 BY ADV. SRI.SAM ISAAC POTHIYIL R7 BY ADV. SRI.A.S.SREEJAN R BY GOVERNMENT PLEADER SRI.GIKKU JACOB

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 17-03-2015, ALONG WITH WPC. 35499/2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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lmp

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WP(C).No. 7541 of 2015 (P)

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APPENDIX

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PETITIONER(S)' EXHIBITS

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P1:-THE TRUE COPY OF THE JUDGMENT DTD 2/1/2014 IN WPC NO 30058 OF 2013 P2:-THE TRUE COPY OF THE JUDGMENT DTD 28/8/2014 IN WPC NO 22576 OF 2014 P3:-THE TRUE COPY OF THE JUDGMENT DTD 20/9/2014 IN WPC NO 23903 OF 2014 P4:-THE TRUE COPY OF THE ELECTION NOTIFICATION DTD 17/12/2014

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P5:-THE TRUE COPY OF THE SAID ORDER DTD 12/1/2015 IN WPC NO 35499 OF 2014 P6:-THE TRUE COPY OF THE REPRESENTATION DTD 2/3/2015 RESPONDENT(S)' EXHIBITS- NIL ---------------------------------------

//TRUE COPY//

PA. TOJUDGE

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V.CHITAMBARESH, J.

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W.P.(C) No.7541 of 2015 & 35499 of 2014

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Dated this the 17^th day of March, 2015

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JUDGMENT

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All that the petitioners now seek is for the early conduct of election to the Managing committee of Anad Farmers Service Co-operative Bank Ltd. No.919. A broad consensus has been arrived at by the parties as regards the time limit necessary for the conduct of election. Hence the writ petitions are disposed of with the following directions.

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i) The voters list shall be pruned in accordance

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with Rule 18 A of the Kerala Co-operative Societies Rules and the final list published on or before 31.05.2015.

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ii) The resolution fixing the date and venue of election shall be passed by the administrative committee on or before 15.06.2015.

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iii) It shall be ensured that a new Managing Committee assumes office after the election not later than 31.08.2015 under any circumstances.

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W.P.(C) No.7541 of 2015 & 35499 of 2014 2

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The petitioners are free to move the State Cooperative Election Commission to supervise the election process as above who is even otherwise vested with the powers under Section 28 B of the Kerala Co-operative Societies Act.

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The writ petitions are disposed of.

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Sd/-

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V.CHITAMBARESH, JUDGE

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//TRUE COPY//

PA. TO JUDGE

W.P.(C) No.7541 of 2015 & 35499 of 2014 3

K.Rajendran Nair v. State of Kerala

Case brief

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K.Rajendran Nair v. State of Kerala

Case brief

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