Dismissed

Sathyasheelan K.K. v. the State Co-Operative Election Commission

Kerala HC15 Jan 2019WP(C)/28863/2018

Case brief

AI extract

What is this about?

Petitioners, members of a cooperative bank, sought quashing of an election notification and an order mandamus to accept share value deficit. The court dismissed the writ as infructuous because the election had been adjourned, expressly leaving legal and factual contentions open.

What did the court decide?

The writ petition was dismissed as infructuous due to the adjournment of the scheduled election, with legal and factual contentions left open.

Sathyasheelan K.K. Vs the State Co-Operative Election Commission — Election Law | Kerala HC (2019)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT

¶3

THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN

¶4

TUESDAY ,THE 15TH DAY OF JANUARY 2019 / 25TH POUSHA, 1940

¶5

WP(C).No. 28863 of 2018

¶6

PETITIONER/S:

¶7

1 SATHYASHEELAN K.K., AGED 73 YEARS, S/O KESHAVAN, KATTAKALIL (H), KALLAMACHAL, THIRUVANANTHAPURAM DISTRICT.

¶8

2 S.MANJESH, AGED 38 YEARS, S/O.SASI, CHARUVILA (H), KANJIRAMPARA, ANAKUDI P.O., THIRUVANANTHAPURAM DISTRICT.PIN-695 606.

¶9

BY ADVS. SAIJO HASSAN SRI.BENOJ C AUGUSTIN SMT.P.PARVATHY SRI.RAFEEK. V.K. SMT.SURYA P SHAJI SRI.VISHNU BHUVANENDRAN

¶10

RESPONDENT/S:

¶11

1 THE STATE CO-OPERATIVE ELECTION COMMISSION REPRESENTED BY ELECTION COMMISSIONER, THIRUVANANTHAPURAM 3RD FLOOR, CO-BANK TOWERS, PALAYAL, VIKAS BHAVAN P.O., THIRUVANANTHAPURAM-695033.

¶12

2 ELECTORAL OFFICER TO VAMANAPURAM SERVICE CO-OPERATIVE BANK NO.927 OFFICE OF THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES NEDUMANGADU, THIRUVANANTHAPURAM DISTRICT695541.

¶13

3 RETURNING OFFICER TO VAMANAPURAM SERVICE CO-OPERATIVE BANK NO.927, OFFICE OF THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES, NEDUMANGADU, THIRUVANANTHAPURAM DISTRICT-695 541.

¶14

W.P.C.No.28863/2018

¶15

¶16

4 VAMANAPURAM SERVICE CO-OPERATIVE BANK NO.927, REPRESENTED BY ITS SECRETARY, VAMANAPURAM, THIRUVANANTHAPURAM DISTRICT-695 606.

¶17

R1 TO R3 BY K.P.HARISH, GOVERNMENT PLEADER SRI.M.SASINDRAN

¶18

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15.01.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

W.P.C.No.28863/2018

J U D G M E N T

The petitioners, who are members of 4^th

¶23

respondent Service Co-operative Bank, which is a society registered under the Kerala Cooperative Societies Act and the Rules made thereunder, have filed this writ petition under Article 226 of the Constitution of India

¶24

seeking a writ of certiorari to quash Ext.P1 notification dated 28.06.2018 issued by the Kerala State Co-operative Election Commission and a writ of mandamus commanding the 4^rd

¶25

respondent to accept the deficit in the enhanced share value and to include the name of

¶26

the petitioners in the voters list and to

¶27

conduct the election on the basis of the renewed voters list.

¶28

came up for consideration the learned senior

¶29

Government Pleader took notice on admission on behalf of respondents 1 to 3 and urgent notice on admission by special messenger was ordered

W.P.C.No.28863/2018

September, 2018.

consideration, it is submitted by the learned counsel for the petitioners that the election to the Managing Committee of the 4^th respondent Society, which was scheduled to be held on 08.09.2018 has already been adjourned and as such the reliefs sought for in this writ petition have become infructuous.

¶34

Recording the aforesaid submission made by

¶35

the learned counsel for the petitioners, this writ petition is dismissed as infructuous,

¶36

however, leaving open the legal and factual contentions raised by the petitioners.

¶37

ANIL K.NARENDRAN JUDGE

¶38

¶39

W.P.C.No.28863/2018 5

Sathyasheelan K.K. v. the State Co-Operative Election Commission

Case brief

What is this about?

What did the court decide?

Sathyasheelan K.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

Coram

Case details

Similar cases

P. Vasu, Vs the State Co-Operative Election Commission

Udayakumar Vs the Secretary

Rameshan Vs Regional Transport Authority

Ashraf.K Vs Kerala State Road Transport Corporation

Ajanthakumar Vs Regional Transport Authority

Ashok V.S. Vs Vamanapuram Service Co-Operative Bank No. 927