F.J. Joseph vs The Administrator on 5 September, 2008

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 25180 of 2008(V)


1. F.J. JOSEPH,
                      ...  Petitioner

                        Vs



1. THE ADMINISTRATOR, MARUTHONKARA
                       ...       Respondent

2. THE JOINT REGISTRAR OF

3. STATE CO-OPERATIVE ELECTION COMMISSION,

4. STATE OF KERALA, REPRESENTED BY

                For Petitioner  :SRI.P.P.JACOB

                For Respondent  :GOVERNMENT PLEADER

The Hon'ble MR. Justice THOTTATHIL B.RADHAKRISHNAN

 Dated :05/09/2008

 O R D E R
          THOTTATHIL B.RADHAKRISHNAN, J.
                  -------------------------------------------
                   W.P(C).No.25180 OF 2008
                  -------------------------------------------
            Dated this the 5th day of September, 2008


                              JUDGMENT

Learned senior Government Pleader, on instructions,

submits that the second respondent had issued directions to the

first respondent to draw necessary resolutions and initiate

further proceedings for the conduct of the election, though the

first respondent has not done so on the premise that disputes are

pending before the arbitrator relating to admission of nearly 752

members. Pendency of such litigation has of no consequence

because the list of the eligible members will have to be fixed

applying the law and with reference to the fact situation

available 60 days prior to the date of election. Hence, the first

respondent is directed to act immediately following the

directions of the second respondent and do the needful to have

the election conducted promptly. The writ petition is ordered

accordingly.

Sd/-

THOTTATHIL B.RADHAKRISHNAN,
Judge.

kkb.