High Court of KeralaWP(C)/1/2015disposed of

Akshaya Sgsy Vanitha Swayam Sahaya Sangham v. State Co-Operative Chief Election Commissioner

2015-01-05Honourable Mr.Justice V.Chitambaresh3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE V.CHITAMBARESH MONDAY, THE 5TH DAY OF JANUARY 2015/15TH POUSHA, 1936 WP(C).No. 1 of 2015 (A) ------------------------ PETITIONER:

-------------- AKSHAYA SGSY VANITHA SWAYAM SAHAYA SANGHAM, (REG.NO.T 2825), MANJARAMOOLA, RAZALPURAM POST, NEMOM, THIRUVANANTHAPURAM, REPRESENTED BY ITS PRESIDENT SMT.SARASWATHY BY ADVS.SRI.T.M.RAMAN KARTHA SMT.O.A.NURIYA SMT.SYAMA MOHAN RESPONDENTS:

-----------------

1. STATE CO-OPERATIVE CHIEF ELECTION COMMISSIONER THIRUVANANTHAPURAM 695 001.

2. DEPUTY DIRECTOR OF DIARY DEVELOPMENT DISTRICT OFFICE, PATTOM, THIRUVANANTHAPURAM 695 001.

3. DIARY EXTENSION OFFICER NEMOM - 695 020

4. MARANALLOOR KSHEERA VYAVASAYA SASHAKARANA SANGHAM LTD NO. 3994 MARANALLOOR, KOOVALASSERY POST, THIRUVANANTHAPURAM 695 024.

REPRESENTED BY ITS SECRETARY.

R BY GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05-01-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 1 of 2015 (A) ------------------------ APPENDIX PETITIONER(S)' EXHIBITS ----------------------------- EXHIBIT P1 COPY OF THE CERTIFICATE OF REGISTRATION OF THE PETITIONER SOCIETY NO. T 2825 DATED 20/10/2004 EXHIBIT P2 COPY OF THE SHARE CERTIFICATE OF PETITIONER SOCIETY DATED 29/7/2005 EXHIBIT P3 COPY OF THE BYE LAWS OF THE 4TH RESPONDENT WITH AMENDMENT DATED 8/5/2014 EXHIBIT P4 COPY OF THE RESOLUTION DATED 28/12/2014 ADOPTED BY THE PETITIONER SOCIETY EXHIBIT P5 COPY OF THE ELECTION NOTIFICATION DATED 14/11/2014 PUBLISHED BY THE IST RESPONDENT IN THE MATHRUBHUMI DAILY DATED 27/11/2014 EXHIBIT P6 COPY OF THE REPRESENTATION OF THE PETITIONER DATED 22/12/2014 SUBMITTED TO THE ERSPONDENTS 1 TO 3 RESPONDENT(S)' EXHIBITS : NIL.

------------------------------ //TRUE COPY// P.S. TO JUDGE.

V.CHITAMBARESH, J.

--------------------- W.P (C) No.1 of 2015 --------------------- Dated this the 5th day of January, 2015

J U D G M E N T

Ext.P5 election notification is challenged on the ground that it offends Ext.P3 bye-laws. It is conceded that the election to the fourth respondent Society has already taken place. The remedy therefore of the petitioner is to invoke Section 69 of the Kerala Co-operative Societies Act.

2. The dispute if any raised by the petitioner shall be dealt with by the Co-operative Arbitration Court expeditiously. Every endeavour shall be made to take the proceedings to a logical end within a period of four months.

The Writ Petition is disposed of.

Sd/- V.CHITAMBARESH, Judge.

nj.