High Court of KeralaWP(C)/8419/2014disposed of

Ushakumari.K. v. The State Co-Operative Election Commission

2015-02-02Honourable Mr.Justice V.Chitambaresh3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE V.CHITAMBARESH MONDAY, THE 2ND DAY OF FEBRUARY 2015/13TH MAGHA, 1936 WP(C).No. 8419 of 2014 (B) --------------------------- PETITIONER:

------------------ USHAKUMARI.K., ARJUNAM, CHEPPAD P.O., KARTHIKAPPALLY, ALAPPUZHA.

BY ADV. SRI.M.K.CHANDRA MOHANDAS RESPONDENTS:- -------------------------

1. THE STATE CO-OPERATIVE ELECTION COMMISSION, THIRUVANANTHAPURAM.

2. JOINT REGISTRAR (GENERAL), ALEPPEY DISTRICT CO-OPERATIVE SOCIETY, OFFICE OF THE JOINT REGISTRAR, ALEPPEY - 688 011.

3. THE ADMINISTRATIVE COMMITTEE, REPRESENTED BY ITS CONVENOR, CHEPPAD SERVICE CO-OPERATIVE BANK LTD.NO.702, CHEPPAD P.O., ALAPPUZHA DISTRICT - 688 507.

R3 BY ADV. SRI.P.N.MOHANAN BY GOVERNMENT PLEADER SRI. MANOJ P KUNJACHAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02-02-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 8419 of 2014 (B) APPENDIX PETITIONER(S)' EXHIBITS EXHIBIT P1 A TRUE COPY OF THE MINUTES DATED 13.04.2013 OF BOARD OF DIRECTORS.

EXHIBIT P2 A TRUE COPY OF THE LETTER FROM THE SECRETARY OF THE RESPONDENT BANK TO THE 1ST RESPONDENT.

EXHIBIT P3 A TRUE COPY OF THE SHOW CAUSE NOTICE NO.C.R.P.(1) 1983/13 DATED 15.04.2013 ISSUED BY THE 2ND RESPONDENT.

EXHIBIT P4 A TRUE COPY OF THE ORDER C.R.P.(1) 1983/2013 DATED 15.05.2013. RESPONDENT(S)' EXHIBITS EXHIBIT R3(a) A TRUE COPY OF THE ORDER DATED 10.05.2013 OF THE JOINT REGISTRAR.

EXHIBIT R3(b) A TRUE COPY OF THE ORDER DATED 21.11.2013 OF THE JOINT REGISTRAR.

/TRUE COPY/ P.A. TO JUDGE.

V. CHITAMBARESH, J -------------------------------- WP(C) NO. 8419 OF 2014 ------------------------------------ Dated this the 2nd day of February, 2015

JUDGMENT

There is a bounden duty on the part of the third respondent Administrative Committee to pass a resolution for the conduct of election under Rule 35A of the Kerala Co-operative Societies Rules. The election has also to be conducted after pruning the voters list as required under Rule 18A of the Rules aforesaid. 2.

The second respondent shall see to it that the voters list is accordingly prepared and steps taken to conduct the election of Cheppad Service Co-operative Bank Ltd. It shall be ensured that a new Managing Committee assumes office within a period of six months from today.

The Writ Petition is disposed of.

V. CHITAMBARESH JUDGE ncd