IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 16107 of 2008(P)
1. G.PRADEEPKUMAR, S/O.GOPALAN, PANAKAVU
... Petitioner
Vs
1. THE KOLLENGODE CO-OPERATIVE URBAN CREDIT
... Respondent
2. THE JOINT REGISTRAR OF CO-OPERATIVE
3. THE RETURNING OFFICER/OFFICE INSPECTOR
For Petitioner :SRI.V.G.ARUN
For Respondent : No Appearance
The Hon'ble MR. Justice THOTTATHIL B.RADHAKRISHNAN
Dated :30/05/2008
O R D E R
THOTTATHIL B. RADHAKRISHNAN, J.
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WP(C).No.16107 of 2008-P
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Dated this the 30th day of May, 2008.
JUDGMENT
1.Petitioner’s nomination for an election to a co-
operative society has been rejected. The ground
of rejection is that though the petitioner holds
the required number of shares, he had not paid up
the balance of the share value in terms of the
amendment by which the value of each share was
enhanced to Rs.100/-. That amendment was some
time in 2006.
2.The petitioner faced with the rejection of his
nomination, takes the stand that the amendment of
the bye-laws in 2006 enhancing the share value
was without following the due procedure
prescribed by the Kerala Co-operative Societies
Act and Rules in as much as no notice, as
WP(C)16107/2008 -: 2 :-
contemplated by Section 11(2) of the Act, was
issued before such amendment.
3.The electoral process having commenced in 2008,
it is neither advisable nor reasonable to
interdict the electoral process on a ground
referable to a plea of illegal, irregular and
improper amendment of bye-laws which was made in
2006.
Therefore, while not stamping the amendment with
the approval of this Court, this writ petition is
dismissed without interfering with the refusal to
accept the nomination of the petitioner. This
judgment also shall not prejudice the right of
the petitioner to challenge the rejection of
nomination or for such other reliefs in relation
to election in accordance with the provisions of
the Act and Rules.
THOTTATHIL B. RADHAKRISHNAN,
JUDGE.
Sha/030608