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2007 Supreme(Ker) 199

S.SIRI JAGAN
Mathai, K. V. – Appellant
Versus
State Co-operative Election Commission, Thiruvananthapuram – Respondent


Judgment :-

In this writ petition a member of a society is challenging the notification issued for election to the Board of Directors of the Society on the ground that although the bye-laws of the Society specifically stipulates that election shall be on ward basis, without delimitation of the wards for which election is to be conducted by the general body which alone had the jurisdiction to do so, the present Director Board has adopted a resolution to conduct the election and to request the State Co-operative Election Board to appoint a returning officer which delimitation was done by the Director Board without jurisdiction on the basis of which the election notification has been issued. The facts necessary for disposal of the writ petition which are not at all in dispute, may be summarised as under.

2. The period of office of the present Director Board of the 4th respondent Society which is a Federal Society, expires on 1-4-2007. On 27-1-2007, the present Board of Directors adopted a resolution to conduct the election to the next Director Board on 31-3-2007 and to request the State Co-operative Election Commission to appoint a returning officer for conducting the election. On 24-2
























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