The High Court set aside an order halting an election. It directed that the steps for conducting the election of a regional service cooperative bank shall be taken as expeditiously as possible.
Directions were issued to take steps for the conduct of the election as expeditiously as possible.
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 &
THE HONOURABLE MR. JUSTICE SATHISH NINAN
WEDNESDAY, THE 25TH DAY OF JULY 2018 / 3RD SRAVANA, 1940
WA.No. 1129 of 2018 IN WPC. 41142/2017
AGAINST THE JUDGMENT IN WP(C) 41142/2017 OF HIGH COURT OF KERALA DATED 24.05.2018
APPELLANT/PETITIONER IN THE WRIT PETITION
JANTISH M.T., MULAYANTHANAM HOUSE, RAMAPURAM BAZAR.P.O., KOTTAYAM- 686 576, MEMBER NO.21110, RAMAPURAM REGIONAL SERVICE CO-OPERATIVE BANK LTD.NO-4111, KOTTAYAM- 686 576.
BY ADVS.SRI.GEORGE POONTHOTTAM
SRI.K.C.VINCENT
RESPONDENTS/RESPONDENTS IN THE WRIT PETITION
KOTTAYAM- 686 576.
KOTTAYAM- 686 576, REP.BY ITS SECRETARY.
REPRESENTED BY ITS PRESIDENT.
THIRUVANANTHAPURAM - 695 001.
RAMAPURAM BAZAR.P.O., KOTTAYAM- 686 576
R5 & R8 BY ADV. SRI.P.C.HARIDAS
BY SENIOR GOVERNMENT PLEADER SMT. K.R. DEEPA
THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 25-07-2018, ALONG WITH W.A. NOS. 1227/2018, 1203/2018 & 1204/2018 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
V. CHITAMBARESH & SATHISH NINAN, JJ.
W.A. Nos. 1129, 1203, 1204 & 1227 of 2018
Dated this the 25th day of July, 2018
JUDGMENT
Chitambaresh, J.
The election will be tamper proof only if there is a proper form 6B register maintained by the Society under the scheme of the Kerala Co-operative Societies Act, 1969 and Rules framed thereunder. The learned single Judge after having found that form 6B register was not properly maintained by the Society was not justified in directing the election to be conducted from the stage from it was halted.
2
W.A. Nos. 1129/2018 & conn. cases
We therefore dispose of the writ appeals directing that the steps for the conduct of the election shall be taken as expeditiously as possible in the circumstances narrated above.
V. CHITAMBARESH JUDGE
SATHISH NINAN JUDGE
ncd
2 issues framed by the court
Whether the High Court below was justified in halting the election procedure due to lack of a properly maintained Form 6B register.
Whether the election should be permitted to be conducted after an appeal against the halting order.
1 provisions across 1 enactments
Jantish M.T.
The Kerala State Co-operative Election Commission
The Joint Registrar of Co-operative Societies
The Assistant Registrar of Co-operative Societies
The Returning Officer
The Ramapuram Regional Service Co-operative Bank Ltd.
Chitambaresh
Sathish Ninan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
