KURIAN JOSEPH
P. Subairkunju – Appellant
Versus
Kerala Co-operative Election commission – Respondent
Kurian Joseph, J.
Whether a member of the administrative committee of a society is eligible to be a delegate in any other society is the question involved in this case. Prima facie, one is inclined to think that the question is no more res integra, being covered by the Bench decision of this Court in Kurian v. Registrar of Co-operative Societies (1996 (2) KLT 117). However, it appears, there is something deeper to be probed into since the delegate in the instant case, though a member of the administrative committee is otherwise a member of the society.
2. The petitioner is a delegate of a primary society to the third respondent-society. The 4th respondent is also a delegate to the apex society. But the nomination of the 4th respondent for election to the third respondent-apex society was objected to by the petitioner on the ground that the 4th respondent is a member of the administrative committee (he is the convenor of the committee) of Nedumamgad Taluk Marketing & Processing Co-operative Society Ltd. and being a delegate delegated by the administrative committee, it was contended that the 4th respondent is not eligible to be a candidate. As per Ext.P3, the returning off
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