Vadakke Purakkal Pradeep Kumar vs The Co-Operative Inspector on 28 August, 2008

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WA.No. 1746 of 2008()


1. VADAKKE PURAKKAL PRADEEP KUMAR,
                      ...  Petitioner

                        Vs



1. THE CO-OPERATIVE INSPECTOR,
                       ...       Respondent

2. THE CO-OPERATIVE ASSISTANT REGISTRAR,

3. THE PALLIKKAL SERVICE CO-OPERATIVE BANK,

4. SAKKEER KUNNUMMAL PARAYIL,

                For Petitioner  :SRI.E.NARAYANAN

                For Respondent  : No Appearance

The Hon'ble the Chief Justice MR.H.L.DATTU
The Hon'ble MR. Justice A.K.BASHEER

 Dated :28/08/2008

 O R D E R
                  H.L.DATTU, C.J. & A.K.BASHEER, J.
                        -------------------------------------------
                              W.A.No.1746 of 2008
                        ------------------------------------------
                   Dated, this the 28th      day of August, 2008

                                 JUDGMENT

H.L.Dattu, C.J.

This writ appeal is directed against the orders passed by the

learned Single Judge in W.P.(C) No.19040 of 2008 dated 26th June, 2008.

(2) In the writ petition filed, the petitioner had sought for the

following reliefs. They are as under:

“i) to call for the records leading up to the final

list of valid nomination dated 18.6.2008 to the

committee of the Pallikkal Service C0-operative Bank,

Reg.No.D 1936, Pallikkal P.O. published by the second

respondent, Co-operative Assistant Registrar, Manjeri

or by any other writ or order.

ii) to issue a writ of mandamus to the second

respondent to prepare the final list of nominees in the

Malayalam alphabetical order.”

(3) The learned Single Judge has rejected the writ petition.

It is the correctness or otherwise of the said decision is the subject matter

in this writ appeal.

(4) Today the matter is posted before us for admission. The

learned counsel appearing for the appellant would submit that, during the

pendency of the writ appeal, election to the committee members of the

W.A.No.1746 of 2008

2

third respondent Bank has already been held on 27.6.2008.

(5) In view of this development, in our opinion, we need not

have to go into the correctness or otherwise of the decision rendered by the

learned Single Judge.

(6) Therefore, while disposing of this writ appeal as having

become unnecessary, we make it clear that the Presiding Officer of the

Co-operative Arbitration Tribunal before whom the election petition is

pending, shall decide the election petition untrammelled by any one of the

observations made by he learned Single Judge while disposing of the writ

petition.

(7) All the contentions of both the parties are left open.

Ordered accordingly.

(H.L.DATTU)
CHIEF JUSTICE

(A.K.BASHEER)
JUDGE
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