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1993 Supreme(Ker) 70

JAGANNADHA RAO, SREEDHARAN
Raghavan Nair – Appellant
Versus
Joint Registrar – Respondent


Judgment :-

Sreedharan, J.

Appellant is the writ petitioner in O.P. No. 12214/91. That petition was filed praying for a declaration that election to the 4th respondent Co-operative Society is null and void. Writ petitioner is a member of that Society. It was the case of the writ petitioner that election was attempted to be held without following statutory requirements and without giving the members an opportunity to file objections against enrolment of members. Large scale enrolment was effected without scrutinising the applications and verifying the eligibility of the applicants. It was also contended that scrutiny of voters list as required under Rule 35 of the Kerala Co-operative Societies Rules was not done by the returning officer.

2. Along with the original petition, application was filed for staying the process of election. This Court granted an interim order staying the counting of votes polled and also further proceedings. This court further directed that suspect votes i.e. votes cast by ineligible persons should be collected in a separate box to be dealt with later.

3. To the counter affidavit filed by contesting respondents, writ petitioner filed reply affidavit dated 12-7-













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