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2018 Supreme(SC) 522

KURIAN JOSEPH, MOHAN M.SHANTANAGOUDAR, NAVIN SINHA
REJI THOMAS – Appellant
Versus
STATE OF KERALA – Respondent


JUDGMENT :

KURIAN, J.

SLP (C) No. 15765 OF 2017 and SLP (C) Nos.15768-15772 OF 2017

1. Leave granted.

2. Whether the High Court, in exercise of its power under Article 226 of the Constitution of India could have extended the statutory period, within which an Election Petition under the Kerala Cooperative Societies Act, 1969 (in short, “the Act”) should have been entertained, is the legal question arising for consideration in these appeals.

3. The dispute pertains to the election to the Thiruvalla East Cooperative Bank Ltd. (hereinafter referred to as, “Cooperative Society”). Writ Petition (C) No. 34019 of 2016 and other connected matters filed before the High Court of Kerala pertain to the election to the Cooperative Society. The prayers in the writ petition read as follows :-

“(i) Issue a writ of certiorari, or other appropriate writ, order or direction to quash Ext. P3 election notification, Ext. P4 preliminary voters list, and Ext. P9 final voters list.

(ii) To direct the respondents to prepare an electoral role including all the members of the society and publish and conduct the election with that voters list.

(iii) To declare that the exclusion of members from the voters list for the





































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