Dr. M.D. Alice v. George Henry

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE V.CHITAMBARESH WEDNESDAY, THE 14TH DAY OF JANUARY 2015/24TH POUSHA, 1936 RP.No. 53 of 2015 IN W.P.(C). No. 35130/2014 -------------------------------------------------------- AGAINST THE JUDGMENT IN W.P.(C). No. 35130/2014 OF HIGH COURT OF KERALA DATED 06-01-2015 ............................................... REVIEW PETITIONER:

---------------------------------------- DR. M.D. ALICE (MEMBER NO. 15057) FORMER PRESIDENT OF THE CHERANELLUR SCB CHERANELLUR P.O., ERNAKULAM NOW RESIDING AT PANAKKAL HOUSE SOUTH CHITTOOR P.O., COCHIN - 27 BY ADV. SRI.P.N.MOHANAN RESPONDENTS/PETITIONER/RESPONDENTS:

------------------------------------------------------------------- 1.

GEORGE HENRY, AGED 52 YEARS, S/O. JOHN CHERUTHURUTHY HOUSE, EDAYAKUNNAM POST SOUTH CHITTOOR, ERNAKULAM DISTRICT 2.

GOVERNMENT OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT CO-OPERATIVE DEPARTMENT, SECRETARIAT THIRUVANANTHAPURAM - 695 001 3.

STATE CO-OPERATIVE ELECTION COMMISSION CORPORATION OFFICE COMPLEX, LMS JUNCTION PALAYAM, THIRUVANANTHAPURAM - 695 033

4. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL) ERNAKULAM - 682 011 R1 BY SRI.R.SUDHISH R2 TO R4 BY SPL. GOVERNMENT PLEADER SRI. D. SOMASUNDARAM THIS REVIEW PETITION HAVING BEEN FINALLY HEARD ON 14-01-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

RP.No. 53 of 2015 APPENDIX PETITIONER(S)' ANNEXURES :- ------------------------------------------- ANNEXURE A1:

COPY OF THE JUDGMENT DATED 25.11.2014 IN W.P.(C). NO. 26410/2014 ANNEXURE A2:

COPY OF THE JUDGMENT DATED 09.12.2014 IN WRIT APPEAL NO. 1829/2014 ANNEXURE A3:

COPY OF THE JUDGMENT DATED 06.01.2015 IN W.P.(C). NO. 35130/2014 RESPONDENT'S ANNEXURES :- NIL /TRUE COPY/ P.A. TO JUDGE

V.CHITAMBARESH,J.

------------------------------- R.P. No. 53 of 2015 in W.P.(C). No. 35130 of 2014 ----------------------------------------- Dated this the 14th day of January, 2015

ORDER

It is clarified that it is for the second respondent to consider as to whether the election has to be postponed or not. It would suffice that the review petitioner is also heard by the second respondent before Ext. P2 representation is disposed of.

2.

The Special Government Pleader on instructions submits that the hearing on Ext.P2 representation is slated on 16.01.2015. It is up to the review petitioner to appear before the second respondent at 11.A.M. on 16.01.2015 to place his views if so desired. 3.

The review petitioner has a further plea that adherence to Rule 18A of the Kerala Co-operative Societies Rules, 1969 is unworkable. Such a plea can be countenanced if only Rule 18A of the Kerala Co-operative

R.P. No. 53 of 2015 in W.P.(C). No. 35130 of 2014 2 Societies Rules, 1969 is challenged independently by the review petitioner appropriately.

The review petition is disposed of.

V.CHITAMBARESH JUDGE