Allowed

Sivadasan Nair K, v. the State Co-Operative Election Commission

Kerala HC14 Mar 2019WP(C)/105/2019

Case brief

AI extract

What is this about?

Justice Devan Ramachandran ordered the Part-Time Administrator of the Kerala State Cooperative Agricultural and Rural Development Bank to adopt a resolution for conducting elections. The Court directed the Election Commission to schedule and complete the election process for the Managing Committee by 30.06.2019.

What did the court decide?

Directing the Part-Time Administrator to adopt a resolution for elections and the Election Commission to complete them by 30.06.2019.

Sivadasan Nair K, Vs the State Co-Operative Election… — Cooperative Societies | Kerala HC (2019)

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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 DEVAN RAMACHANDRAN

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THURSDAY ,THE 14TH DAY OF MARCH 2019 / 23RD PHALGUNA, 1940

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WP(C).No. 37461 of 2018

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PETITIONER:

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SOLOMON ALEX AGED 65 YEARS PRESIDENT, MANAGING COMMITTEE, (UNDER SUSPENSION) KERALA STATE CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK, P.B.NO. 56 , STATUE, THIRUVANANTHAPURAM - 695001. BY ADVS. SRI.GEORGE POONTHOTTAM (SR.) SMT.NISHA GEORGE SRI.ARUN CHANDRAN SRI.J.VISHNU SRI.RIJI RAJENDRAN SRI.VISHNU B.KURUP

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RESPONDENTS:

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1 KERALA STATE CO-OPERATIVE ELECTION COMMISSION 3 RD FLOOR, CO- BANK TOWERS, VIKAS BHAVAN P.O, THIRUVANANTHAPURAM - 695033. REPRESENTED BY ITS SECRETARY. 2 THE REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL) THIRUANANANTHAPURAM - 695 001. 3 ADDL.R3 KERALA STATE CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK P.B.NO.56, STATUE, THIRUVANANTHAPURAM-695001, REPRESENTED BY ITS MANAGING DIRECTOR. (ADDL.R3 IMPLEADED AS PER ORDER DATED 23/11/2018 IN IA.NO.01/2018)

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WP(C).No. 37461 of 2018, WP(C).No. 105 of 2019,WP(C).No. 349 of 2019 & WP(C).No. 7659 of 2019

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BY ADVS. SRI.R.LAKSHMI NARAYAN GOVERNMENT PLEADER SRI.M.SASINDRAN

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OTHER PRESENT:

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SRI.LAKSHI NARAYANAN-SC, SRI.MUHAMMED HASHIMSPL.GP

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14.03.2019, ALONG WITH WP(C).105/2019, WP(C).349/2019, WP(C).7659/2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 37461 of 2018, WP(C).No. 105 of 2019,WP(C).No. 349 of 2019 & WP(C).No. 7659 of 2019

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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 DEVAN RAMACHANDRAN

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THURSDAY ,THE 14TH DAY OF MARCH 2019 / 23RD PHALGUNA, 1940

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WP(C).No. 105 of 2019

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PETITIONER:

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SIVADASAN NAIR K, AGED 69 YEARS S/O.KESAVA PILLAI, SIVA MADAM, ARANMULA, PATHANAMTHITTA DISTRICT. BY ADV. SRI.T.R.HARIKUMAR

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RESPONDENTS:

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1 THE STATE CO-OPERATIVE ELECTION COMMISSION REPRESENTED BY ITS SECRETARY, THIRUVANANTHAPURAM, PIN - 695 001.

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2 THE REGISTRAR OF CO-OPERATIVE SOCITIES THIRUVANANTHAPURAM, PIN - 695 001.

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3 THE KERALA STATE CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK LTD NO.T4017 REPRESENTED BY ITS MANAGING DIRECTOR, P.B.NO.56, STATUE, THIRUVANANTHAPURAM, PIN - 695 001.

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4 THE PART-TIME ADMINISTRATOR KERALA STATE CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK LTD.NO.T4017, P.B.NO.56, STATUE, THIRUVANANTHAPURAM, PIN - 695 001. BY ADVS. SRI.R.LAKSHMI NARAYAN GOVERNMENT PLEADER SRI.M.SASINDRAN

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14.03.2019,ALONGWITH,WP(C).349/2019, WP(C).37461/2018,WP(C) NO.7659/2019 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 37461 of 2018, WP(C).No. 105 of 2019,WP(C).No. 349 of 2019 & WP(C).No. 7659 of 2019

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-4-

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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 DEVAN RAMACHANDRAN

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THURSDAY ,THE 14TH DAY OF MARCH 2019 / 23RD PHALGUNA, 1940

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WP(C).No. 349 of 2019

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PETITIONER:

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NEELAKANDAN K.

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AGED 53 YEARS S/O E.KRISHNAN NAIR, RESIDING AT KRISHNA NIWAS , KOLATHINGAL, KARADUKKA(P.O), KASARAGOD DISTRICT-671 542.

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BY ADVS. SHRI.JAWAHAR JOSE SMT.CISSY MATHEWS

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RESPONDENTS:

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1 THE KERALA STATE CO-OPERATIVE ELECTION COMMISSION CO-BANK TOWERS, VIKAS BHAVAN(P.O), THIRUVANANHAPURAM-695 033. REPRESENTED BY ITS SECRETARY. 2 THE REGISTRAR OF CO-OPERATIVE SOCIETIES(GENERAL) THIRUVANANTHAPURAM-695001.

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3 THE KERALA STATE CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK STATUE, THIRUVANANTHAPURAM-695001, REPRESENTED BY ITS MANAGING DIRECTOR.

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4 ADDL. R4- THE PART-TIME ADMINISTRATOR, THE KERALA STATE CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK, STATUE, THIRUVANANTHAPURAM, PIN-695001. ADDL. R4 IS IMPLEADED AS PER ORDER DATED 16/1/2019 IN IA 1/2019

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WP(C).No. 37461 of 2018, WP(C).No. 105 of 2019,WP(C).No. 349 of 2019 & WP(C).No. 7659 of 2019

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BY ADVS.

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SRI.R.LAKSHMI NARAYAN SRI.M.SASINDRAN

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14.03.2019, ALONG WITH WP(C).105/2019, WP(C).37461/2018, WP(C).7659/2019 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 37461 of 2018, WP(C).No. 105 of 2019,WP(C).No. 349 of 2019 & WP(C).No. 7659 of 2019

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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 DEVAN RAMACHANDRAN

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THURSDAY ,THE 14TH DAY OF MARCH 2019 / 23RD PHALGUNA, 1940

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WP(C).No. 7659 of 2019

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PETITIONER:

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A.D.DILEEP KUMAR AGED 55 YEARS PRESIDENT, PARAVUR TALUK CORPORATIVE AGRICULTURE AND RURAL DEVELOPMENT BANK LIMITED - 1193, RESIDING AT ANDALATTU VEEDU, MADAPLATHURUTHU, MOOTHAKUNNAM P.O., ERNAKULAM - 683 516.

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BY ADVS. SRI.BLAZE K.JOSE SMT.SANTHA O.K.

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RESPONDENTS:

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1 KERALA STATE CO-OPERATIVE ELECTION COMMISSION 3RD FLOOR, CO-BANK TOWERS, VIKAS BHAVAN P.O., THIRUVANANTHAPURAM - 695 033.REPRESENTED BY ITS ADDITIONAL REGISTRAR / SECRETARY. 2 THE REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL) THIRUVANANTHAPURAM - 695 001.

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OTHER PRESENT:

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SRI.LAHSHMI NARAYANAN-SC, SRI.MUHAMMED HASHIMSPL.GP

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14.03.2019, ALONG WITH WP(C).105/2019, WP(C).37461/2018, WP(C).349/2019 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING

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WP(C).No. 37461 of 2018, WP(C).No. 105 of 2019,WP(C).No. 349 of 2019 & WP(C).No. 7659 of 2019

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JUDGMENT

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I am considering these Writ Petitions

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together and I propose to dispose all of them through this judgment, since the constitutive issues in all these cases relate to the conduct of elections to the Managing Committee of an Apex Society, namely, the Kerala State Cooperative Agricultural and Rural Development Bank Ltd(hereinafter referred to as the 'Bank' for short).

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While, W.P(C).Nos 7659 of 2019, 105 of 2019 and 349 of 2019 have been filed by either members or office bearers of certain Primary Co-Operative Societies which are members of the

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Bank; W.P(C).No 37461 of 2018 has been filed by

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the erstwhile President of the Managing Committee of the Bank.

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WP(C).No. 37461 of 2018, WP(C).No. 105 of 2019,WP(C).No. 349 of 2019 & WP(C).No. 7659 of 2019

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petitioners in all these cases are ad-idem that

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they want elections to the Managing Committee

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of the Bank to be conducted at the earliest point of time. In fact, the learned counsel appearing for the petitioners says that, if this Court is inclined to order immediate elections to the Managing Committee of the Bank they will, atleast for the time being, give up all the other contentions, raised and impelled in these Writ Petitions, for that purpose.

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Sri. Mohammed Hasim, the learned

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Special Government Pleader appearing on behalf of the State of Kerala and its functionaries, says that the Government is also interested in conducting elections to the Managing Committee of the Bank at the earliest and Government

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Order, dated 13.03.2019, bearing No. GO(P)No.

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WP(C).No. 37461 of 2018, WP(C).No. 105 of 2019,WP(C).No. 349 of 2019 & WP(C).No. 7659 of 2019

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32/2019/Co-op has been issued, wherein the

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Government has, invoking Section 101 of the

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Kerala Co-operative Societies Act

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1969(hereinafter referred to as 'KCS Act' for short), extended the terms of the Managing Committees or the Administrative Committees in charge of the affairs of the various Societies in Kerala so as to ensure that fresh elections are completed by the end of June 2019. He says that there is no legal impediment for the Part Time Administrator, now in charge of the respondent-Bank in these cases, to adopt the requisite resolution for the purpose of conduct of elections so that the State Co-operative Election Commission(hereinafter referred to as the 'Election Commission' for short)can complete the election process by the end of June 2019.

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WP(C).No. 37461 of 2018, WP(C).No. 105 of 2019,WP(C).No. 349 of 2019 & WP(C).No. 7659 of 2019

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among the parties as above and adverting to the submissions of Sri.Lakshmi Narayanan, learned

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Counsel who has been instructed to appear on

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behalf of the Election Commission, I deem it appropriate to order these Writ Petitions and direct the Part Time Administrator, who is admittedly now in charge of the affairs of the Bank, to adopt the necessary resolution for the conduct of elections to the Managing Committee of the Bank, showing the date of polling to be a day after 23.05.2019(being the date on which the Lok Sabha Elections are to conclude); and thereafter, forward the same, through proper channel, to the Election Commission, within a period of one month from the date of receipt of a copy of this judgment. On such resolution reaching the Election Commission, it shall

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WP(C).No. 37461 of 2018, WP(C).No. 105 of 2019,WP(C).No. 349 of 2019 & WP(C).No. 7659 of 2019

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immediately take all required action to conduct

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elections to the Managing Committee of the respondent-Bank on a day after 23.05.2019 but not later than 30.06.2019, so that an elected Managing Committee can assume office soon thereafter.

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other contentions or allegations in these Writ Petitions, I leave all of them open, allowing the petitioners and the party respondents to

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pursue it as per law, if it becomes so necessary in future.

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These Writ Petitions are thus ordered.

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SD/-

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DEVAN RAMACHANDRAN

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JUDGE

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WP(C).No. 37461 of 2018, WP(C).No. 105 of 2019,WP(C).No. 349 of 2019 & WP(C).No. 7659 of 2019

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APPENDIX OF WP(C) 37461/2018

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PETITIONER'S/S EXHIBITS:

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EXHIBIT P1 TRUE COPY OF THE RESOLUTION ADOPTED AND FORWARDING THROUGH REGISTRAR OF COOPERATIVE SOCIETIES.

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EXHIBIT P2 TRUE COPY OF THE ORDER NO.C.L.T.(3) 17780/2018 DATED 30/10/2018 PASSED BY THE REGISTRAR OF CO-OPERATIVE SOCIETIES.

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WP(C).No. 37461 of 2018, WP(C).No. 105 of 2019,WP(C).No. 349 of 2019 & WP(C).No. 7659 of 2019

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APPENDIX OF WP(C) 105/2019

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PETITIONER'S/S EXHIBITS:

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EXHIBIT P1 A TRUE COPY OF THE RESOLUTION TAKEN BY THE MANAGING COMMITTEE OF THE 3RD RESPONDENT BANK DATED 11/10/2018. EXHIBIT P2 A TRUE COPY OF THE FORWARDING LETTER DATED 16/10/2018 ALONG WITH REQUIRED DOCUMENTS FORWARDED TO THE 1ST RESPONDENT THROUGH THE 2ND RESPONDENT.

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WP(C).No. 37461 of 2018, WP(C).No. 105 of 2019,WP(C).No. 349 of 2019 & WP(C).No. 7659 of 2019

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APPENDIX OF WP(C) 349/2019

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PETITIONER'S/S EXHIBITS:

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EXHIBIT P1 TRUE COPY OF THE INTERIM ORDER DATED 11-04-2017 IN W.P.C. NO.12825/2017

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EXHIBIT P2 TRUE COPY OF THE RESOLUTION OF THE MANAGING COMMITTEE OF THE 3RD RESPONDENT SOCIETY FOR CONDUCTING THE ELECTION ON 12-12-2018.

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EXHIBIT P3 TRUE COPY OF THE ORDER DATED 30-10-2018 OF THE 2ND RESPONDENT.

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EXHIBIT P4 TRUE COPY OF THE ORDER DATED 17-12-2018 OF THE 2ND RESPONDENT.

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WP(C).No. 37461 of 2018, WP(C).No. 105 of 2019,WP(C).No. 349 of 2019 & WP(C).No. 7659 of 2019

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APPENDIX WP(C) 7659/2019

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PETITIONER'S/S EXHIBITS:

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EXHIBIT P1 A TRUE COPY OF THE RESOLUTION AND FORWARDED AS PER PROCEEDINGS NO. G1/ELECTION/BD/2018 DATED 15.10.2018

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EXHIBIT P2 A TRUE COPY ORDER NO. C.L.T.(3) 17780/2018 DATED 30.10.2018 PASSED BY THE REGISTRAR OF CO-OPERATIVE SOCIETIES.

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Sivadasan Nair K, v. the State Co-Operative Election Commission

Case brief

What is this about?

What did the court decide?

Sivadasan Nair K, v. the State Co-Operative Election Commission

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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