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High Court of KeralaWP(C)/34521/2014closed

Bijoy Mathew v. Velloor Scb Ltd. No.785

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. 34521 of 2014 (M) ---------------------------- PETITIONER(S):

-------------------------- BIJOY MATHEW, KALARICKAL HOUSE, MEVELLOOR P.O., VELLOOR KOTTAYAM.

BY ADVS.SRI.P.P.JACOB SRI.JOHNSON ALLESE RESPONDENT(S):

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

1. VELLOOR SERVICE CO-OPERATIVE BANK LIMITED NO. 785 MEVELLOOR P.O., VELOOR - 686 501 REPRESENTED BY ITS SECRETARY

2. THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL), VAIKOM, ELECTORAL OFFICER, VELLOOR SERVICE CO-OPERATIVE BANK LIMITED NO. 785, VELOOR - 686501.

3. THE RETURNING OFFICER VELLOOR SERVICE CO-OPERATIVE BANK LIMITED NO. 785/INSPECTOR OF CO-OPERATIVE SOCIETIES OFFICE OF THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCEITIES (G) VELLOOR - 686501.

4. THE STATE CO-OPERATIVE ELECTION COMMISSION, THIRUVANANTHAPURAM, 3RD FLOOR, CO-BANK TOWERS, PALAYAM, VIKAS BHAVAN P.O.

THIRUVANANTHAPURAM- 695 033 REPRESENTED BY ITS SECRETARY.

5. THE STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT CO-OPERATION (C) DEPARTMENT, SECRETARIAT THIRUVANANTHAPURAM - 695 001.

ADDL. R6

6. T.V.BABY, AGED 54 YEARS, S/O VARGHESE, THEYATH HOUSE, MEVALLOOR P.O., KOTTAYAM DIST.

(Impleaded as per order dated 23.12.14 in I.A.17611/14) BY ADV. SRI.ALIAS M.CHERIAN RADDL. BY ADV. SRI.P.A.AUGUSTINE(AREEKATTEL) R1 BY ADV. SRI.T.A.SHAJI (SR.) BY ADV. SMT.NAMITHA JYOTHISH BY GOVERNMENT PLEADER SRI. GIKKU JACOB THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 23-01-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 34521 of 2014 (M) ---------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXHIBIT-P1-TRUE COPY OF THE RECEIPT ISSUED BY THE IST RESPONDENT DATED 26/07/2014 EXHIBIT-P2-TRUE COPY OF THE RECEIPT ISSUED BY THE IST RESPONDENT DATED 02/08/2014.

EXHIBIT-P3-TRUE COPY OF THE REPRESENTATION FILED BY THE PETITIONER BEFORE THE IST RESPONDENT DATED 30/08/2014.

EXHIBIT-P4-TRUE COPY OFTHE NOTIFICATION DATED 17/11/2014 PUBLISHED IN DESHABHIMANI DAILY DATED 26/112014.

EXHIBIT-P5-TRUE COPY OF THE NOTIFICATION AMENDED RULE, RELEVANT PAGES 1, 7 TO 11/.

EXHIBIT-P6-TRUE COPY OF THE APPLICATION FILED BY THE PETITIONER BEFORE THE RETURNING OFFICER DATED 16/12/2014.

EXHIBIT-P7-TRUE COPY OF THE REPRESENTATION FILED BY THE PETITIONER BEFORE RESPONDENTS 2 TO 4 DATED 17/12/2014 RESPONDENT(S)' EXHIBITS --------------------------------------- EXT.R1(a)- TRUE COPY OF THE RESOLUTION NO.109 DATED 24.11.2014 OF THE MANAGING COMMITTEE OF THE 1ST RESPONDENT BANK. //True Copy// P.A. To Judge

K.VINOD CHANDRAN, J - - - - - - - - - - - - - - - - - - - - W.P.(C).No. 34521 of 2014 - - - - - - - - - - - - - - - - Dated 23rd January, 2015 - - - - - - - - - - - - - - - - - - - - - - - -

JUDGMENT

It is submitted that the election which was the subject matter of challenge in the above writ petition is already over. Since the petitioner's remedy lies under Section 69 of the Kerala Co-operative Societies Act, 1969, reserving such remedies and leaving open all contentions, the writ petition is closed.

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