High Court of KeralaWP(C)/660/2015disposed of

K.Krishnan v. The Deputy Registrar

2015-01-233 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN FRIDAY, THE 23RD DAY OF JANUARY 2015/3RD MAGHA, 1936 WP(C).No. 660 of 2015 (F) -------------------------- PETITIONER(S):

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1. K.KRISHNAN, AGED 59 YEARS S/O.CHATHUKUTTY, RESIDING AT NARIKKADANKANDI PARAMBA KANNANCHERI, P.O.KALLAI, KOZHIKODE.

2. C.BALAKRISHNAN AGED 54 YEARS S/O.KELUKUTTY, RESIDING AT NEDIYODINILAMPARAMBA, KANNANCHERI, P.O.KALLAI, KOZHIKODE BY ADVS.SRI.V.V.SURENDRAN SRI.P.A.HARISH RESPONDENT(S):

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1. THE DEPUTY REGISTRAR (GENERAL MANAGER), DISTRICT INDUSTRIES CENTRE, KOZHIKODE - 673 032.

2. THE RETURNING OFFICER (SENIOR SUPERVISOR (HANDLOOMS) THE CALICUT WEAVERS CO-OPERATIVE SOCIETY PANNIYANKARA, KOZHIKODE - 673 029.

3. THE CALICUT WEAVERS CO-OPERATIVE SOCIETY. (F-1062) REPRESENTED BY ITS SECRETARY, PANNIYANKARA KOZHIKODE - 673 029.

BY ADV. SRI.T.A.SHAJI (SR.) BY ADV. SMT.NAMITHA JYOTHISH BY ADV. SMT.K.P.SHEEBA BY GOVERNMENT PLEADER SRI. T.R. RAJISH THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 23-01-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 660 of 2015 (F) -------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXT.P-1: A TRUE COPY OF THE BYE-LAWS OF THE SOCIETY EXT.P-2: A TRUE COPY OF THE NOTIFICATION EXT.P-3: A TRUE COPY OF THE NOTIFICATION G.O(P) NO.142/2014/CO-OP. DATED 25.11.2014 EXT.P-4: A TRUE COPY OF THE REQUEST DATED 30.12.2014 //True Copy// P.A. To Judge

K.VINOD CHANDRAN, J - - - - - - - - - - - - - - - - - - - - W.P.(C).No. 660 of 2015 - - - - - - - - - - - - - - - - Dated 23rd January, 2015 - - - - - - - - - - - - - - - - - - - - - - - -

JUDGMENT

Obviously the election notification has been issued by the 1st respondent while Section 25B of the Kerala Co-operative Societies Act, 1969 prescribes that all elections to the Co-operative Societies shall be notified by the State Cooperative Election Commission.

In such circumstances, the election notified as per Ext.P2 shall stand set aside. The Joint Registrar shall take expeditious steps to see that there is no vacuum in the Management as also ensure that the conduct of elections is carried out expeditiously. The writ petition is disposed of, leaving the parties to suffer their respective costs.

Sd/- K.VINOD CHANDRAN Judge Mrcs //True Copy//