IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 13585 of 2008(P)
1. V.N.SUKUMARAN, MELAMPARAMBIL
... Petitioner
Vs
1. THE KERALA CO-OPERATIVE ARBITRATION
... Respondent
2. THE VARAPPUZHA SERVICE CO-OPERATIVE
3. SRI. RETNAKARA PAI, S/O.VENKITESWARA PAI
4. THE KERALA CO-OPERATIVE TRIBUNAL
5. THE REGISTRAR OF CO-OPERATIVE SOCIETIES
For Petitioner :SRI.A.JAYASANKAR
For Respondent :R2I.P.N.MOHANAN
The Hon'ble MR. Justice THOTTATHIL B.RADHAKRISHNAN
Dated :30/07/2008
O R D E R
THOTTATHIL B. RADHAKRISHNAN, J.
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W.P.(C)No.13585 of 2008-P
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Dated this the 30th day of July, 2008.
JUDGMENT
1.The petitioner was elected to the committee of
the second respondent society. That election was
set aside by the Co-operative Arbitration Court
as per Ext.P1 at the instance of the third
respondent who, by that award, was declared as
the duly elected candidate.
2.This writ petition was filed on the allegation
that there was none to entertain the appeal filed
before the Kerala Co-operative Tribunal, owing to
the vacancy of the Deputy Registrar/Secretary. As
of now, the appeal of the petitioner has been
numbered and it is listed to be taken in
November, 2008. But the fact remains that the
committee to which the election was held would be
in office only for some time in January, 2009.
WP(C)13585/2008 -: 2 :-
This means that having regard to the expediency
of election matters, the Tribunal has to make
every effort to finally dispose of the case, at
least, in November, 2008. In view of the
different decisions of the Apex Court governing
interim orders, it is directed that while the
third respondent, on the strength of Ext.P1,
will be entitled to officiate as a member of the
committee of the second respondent, he will not
participate in the discussion of any policy
matters or have the right to vote in such
matters. The interim order granted in this case
is vacated and the writ petition is ordered as
above directing that the Tribunal will decide
the matter finally before the end of November,
2008 and the parties will be entitled to move
the Tribunal with the copies of this judgment
for appropriate listing of the matter by pre-
poning the posting, if necessary.
THOTTATHIL B. RADHAKRISHNAN,
JUDGE.
Sha/300708