N.Vijayan v. State Co-Operative Chief Election Commission
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE V.CHITAMBARESH THURSDAY, THE 25TH DAY OF JUNE 2015/4TH ASHADHA, 1937 WP(C).No. 19150 of 2015 (P) ---------------------------- PETITIONER(S):
-------------- N.VIJAYAN, AGED 60 YEARS S/O.NARAYANAN, THEKKETTAM HOUSE, PALLITHODU P.O., THURAVOOR CHERTHALA, ALAPPUZHA DISTRICT.
BY ADV. SRI.P.K.SHAJU RESPONDENT(S):
------------------ 1.
THE STATE CO-OPERATIVE CHIEF ELECTION COMMISSIONER, THIRUVANANTHAPURAM - 695 001.
2.
THE RETURNING OFFICER, POZHICHIRA PATTIKAJATHI INDUSTRIAL CO-OPERATIVE SOCIETY LTD. NO.S IND(A) 158 CHERTHALA & JUNIOR CO-OPERATIVE INSPECTOR, DISTRICT INDUSTRIAL CENTRE, ALAPPUZHA.
3.
THE POZHICHIRA PATTIKAJATHI INDUSTRIAL CO-OPERATIVE SOCIETY LTD. NO.S IND (A) 158, PALLITHODU P.O., CHERTHALA, REP. BY ITS SECRETARY.
4.
THE DEPUTY REGISTRAR, DISTRICT INDUSTRIAL CO-OPERATIVE SOCIETY, ALAPPUZHA.
R BY SR.GOVERNMENT PLEADER SRI.K.S.VINCENT THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25-06-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
APPENDIX IN W.P.(C) NO.19150 OF 2015 PETITIONER'S EXTS:
EXT.P1 TRUE COPY OF THE JUDGMENT DATED 28/6/2010 PASSED BY THIS HON'BLE COURT IN W.P.(C) NO.20115/2010 (L) EXT.P2 TRUE COPY OF THE ARC NO.75/2010 ON THE FILE OF THE HON'BLE CO-OPERATIVE ARBITRATION COURT, THIRUVANANTHAPURAM.
EXT.P3 TRUE COPY OF THE ELECTION NOTIFICATION DATED 28/5/2015 ISSUED BY THE FIRST RESPONDENT.
EXT.P4 TRUE COPY OF THE REPRESENTATION SUBMITTED BEFORE RESPONDENT NO.1 EXT.P5 TRUE COPY OF THE REPRESENTATION SUBMITTED BEFORE RESPONDENT NO.2 //TRUE COPY// P.S. TO JUDGE.
V.CHITAMBARESH, J.
--------------------- W.P (C) 19150 OF 2015 --------------------- Dated this the 25th day of June, 2015
J U D G M E N T
The mere pendency of ARC.No.75/2010 on the file of the Co-operative Arbitration Court is no ground to put off the election to the Managing Committee of the third respondent Society. The election is slated on 29.6.2015 and the petitioner is free to challenge the election appropriately by resort to Section 69 of the Kerala Co-operative Societies Act.
The Writ Petition is dismissed subject to the above reservation.
Sd/- V.CHITAMBARESH, Judge.
nj.