IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 38197 of 2008(V)
1. THE POOTHADY SERVICE CO-OPERATIVE BANK
... Petitioner
Vs
1. STATE CO-OPERATIVE ELECTION COMMISSION,
... Respondent
2. JOINT REGISTRAR OF CO-OPERATIVE
3. ASSISTANT REGISTRAR OF CO-OPERATIVE
For Petitioner :SRI.P.N.MOHANAN
For Respondent :GOVERNMENT PLEADER
The Hon'ble MR. Justice THOTTATHIL B.RADHAKRISHNAN
Dated :06/01/2009
O R D E R
THOTTATHIL B. RADHAKRISHNAN, J.
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W.P.(C).No.38197 of 2008-V
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Dated this the 14th day of January, 2009.
JUDGMENT
1.The petitioner is a co-operative society. Since
the term of its committee, presently in office,
is due to expire on 30-1-2009, it drew up Ext.P2
resolution and requested the first respondent to
conduct election with polling date as 25-1-2009.
This writ petition is filed seeking a direction
to the statutory authorities to act in terms of
the resolution.
2.Going by the counter affidavit filed on behalf of
the second respondent Joint Registrar, the
conduct of election was held up in view of the
issues involved in WP(C).23156/2006. I have
disposed of that writ petition today, vide
separate judgment, quashing the compulsory
amendment of the bye-laws of the society, as
ordered by the Joint Registrar. Therefore, there
is no subsisting embargo for the conduct of the
WP(C)38197/08 -: 2 :-
election.
Obviously, with the passage of time, the process
of election may take more time. Accordingly, it
is ordered that, by the force of this judgment,
the election to the committee of the society
shall be held on any day as may be fixed by the
State Election Commission within a period of
three months from now, after following due
process, without insisting on a fresh resolution
by the committee of the society. It is further
ordered that until an election as aforesaid is
held within the time fixed hereby, the present
committee in office will continue to hold office
after its term, as an administrative committee to
run the day-to-day affairs of the society,
however without enrolling any new members after
30-1-2009, except nominal members. The writ
petition is ordered accordingly.
THOTTATHIL B. RADHAKRISHNAN,
JUDGE.
Sha/120109