The High Court of Kerala closed a writ petition regarding cooperative society elections despite their completion, granting the petitioner liberty to seek alternative remedies with the pendency period excluded for limitation purposes.
Liberty to invoke alternative remedies with exclusion of pendency period from limitation.
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 DEVAN RAMACHANDRAN
TUESDAY, THE 26TH DAY OF MARCH 2024 / 6TH CHAITHRA, 1946
WP(C) NO. 1309 OF 2024
PETITIONER:
SURESH KARUMATHIL AGED 55 YEARS S/O. A. BALAKRISHNAN NAIR, SHOBHA NIVAS, CHELLITHODU, PUNNAPPALA P.O., THIRUVALI, MALAPPURAM, PIN - 679328
BY ADVS. LEO LUKOSE ENOCH DAVID SIMON JOEL S.SREEDEV RONY JOSE KAROL MATHEWS SEBASTIAN ALENCHERRY DERICK MATHAI SAJI KARAN SCARIA ABRAHAM RAHMATHULLAH.M
RESPONDENTS:
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26.03.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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JUDGMENT
When this matter was called today, Sri.C.M.Nazar – learned Standing Counsel for the 3rd respondent, submitted that the elections in question has been completed; and new office bearers already taken charge. He argued that, therefore, the petitioner can only invoke other alternative remedies, including by filing an Election Petition before the appropriate Forum.
In the afore circumstances, I close this writ petition; however, leaving full liberty to the petitioner to invoke any other remedy that may be available to him; for which purpose, the entire period during which this Writ Petition was pending before
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this Court, until the petitioner obtains a certified copy of this judgment, can be applied by him for being excluded from the period of limitation, which shall be considered by the competent Forum.
Sd/- DEVAN RAMACHANDRAN JUDGE
anm
W.P.(C).No.1309 of 2024
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APPENDIX OF WP(C) 1309/2024
| PETITIONER EXH | IBITS | |
|---|---|---|
| Exhibit P1 | TRUE COPY OF THE | NOTIFICATION NUMBERED |
| AS 01/2322/2023/ 15.11.2023 ISSUED |
E (2) S.C.E.C. DATED BY THE 3RD RESPONDENT. |
|
| Exhibit P2 | TRUE COPY OF ARGNBR915/2023-UI( ISSUED BY THE 2ND |
THE ORDER NUMBERED 3) DATED 29.12.2023 RESPONDENT. |
| Exhibit P3 | A TRUE COPY OF T RESPONDENT BANK. |
HE BYE-LAWS OF THE 1ST |
| Exhibit P4 | A TRUE COPY OF NILAMBUR CO-OPERA RURAL DEVELOPMENT |
THE BYE-LAWS OF THE TIVE AGRICULTURAL AND BANK LTD. |
2 issues framed by the court
Whether the writ petition should be closed notwithstanding the completion of elections.
Whether liberty to invoke alternative remedies should be granted with exclusion of pendency period from limitation.
SURESH KARUMATHIL
THIRUVALI SERVICE COOPERATIVE BANK LTD
THE RETURNING OFFICER THIRUVALI SERVICE CO-OPERATIVE BANK LTD.
THE STATE CO-OPERATIVE ELECTION COMMISSION
THE REGISTRAR OF CO-OPERATIVE SOCIETIES
THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES
DEVAN RAMACHANDRAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
