The High Court at Ernakulam dismissed a writ petition as infructuous because the election to the Managing Committee of the respondent bank had been adjourned. The court left open the legal and factual contentions raised.
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 ANIL K.NARENDRAN
TUESDAY ,THE 15TH DAY OF JANUARY 2019 / 25TH POUSHA, 1940
WP(C).No. 31106 of 2018
PETITIONER/S:
1 ASHOK V.S., AGED 56 YEARS, AMBILY HILLS, VAMANAPURAM P.O., THIRUVANANTHAPURAM.
4 SHEEJA T.S., PEZHUMMOOD HOUSE, OONNAMPARA, ANAKUDI P.O., THIRUVANANTHAPURAM
BY ADVS. SRI.T.P.PRADEEP SMT.NITHYA VIJAYAN P.K.SATHESH KUMAR S.SREEDEV
RESPONDENT/S:
1 VAMANAPURAM SERVICE CO-OPERATIVE BANK NO. 927, VAMANAPURAM P.O., THIRUVANANTHAPURAM DISTRICT, PIN – 695 606, REPRESENTED BY ITS SECRETARY.
2 THE MANAGING COMMITTEE, VAMANAPURAM SERVICE CO-OPERATIVE BANK NO 927, VAMANAPURAM P.O., THIRUVANANTHAPURAM DISTRICT, PIN-695 606, REPRESENTED BY ITS PRESIDENT.
W.P.C.No.31106/2018
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5 ASSISTANT REGISTRAR (GENERAL), NEDUMANGAD,THIRUVANANTHAPURAM PIN 695 541.
6 THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL) THIRUVANANTHAPURAM, THIURVANANTHAPURAM DISTRICT – 695 001.
BY ADVS. SRI.M.SASINDRAN B.RAGUNATHAN SRI.M.SALIM SRI.V.M.JACOB
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.31106/2018
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J U D G M E N T
The petitioners, who are members of 1st
respondent Service Co-operative Bank, which is a Society registered under the Kerala Co-operative Societies Act and the Rules made thereunder, have filed this writ petition under Article 226 of the Constitution of India seeking a writ of certiorari to quash Ext.P1 election notification dated 28.06.2018 issued by the 3rd respondent Kerala State Co-operative Election Commission and to issue a writ of mandamus commanding the
3rd respondent to conduct election to the Managing Committee of the 1st respondent Bank after including the petitioners in the Voters list, and for other consequential reliefs.
came up for admission the learned Senior Government Pleader took notice on behalf of respondents 3 to 6 and urgent notice by speed post was ordered to respondents 1 and 2.
W.P.C.No.31106/2018 4
consideration, it is submitted by the learned counsel for the petitioners that the election to the Managing Committee of the 1st 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.
Recording the aforesaid submission made by the learned counsel for the petitioners, this writ petition is dismissed as infructuous, however, leaving open the legal and factual contentions raised by the petitioners.
Sd/-
ANIL K.NARENDRAN JUDGE
DG
Ashok V.S.
Madhavan K
Jaysree.S
Sheeja T.S.
Vamanapuram Service Co-Operative Bank No. 927
The Managing Committee, Vamanapuram Service Co-Operative Bank No 927
Anil K.Narendran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
