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1979 Supreme(Ker) 77

N.D.P.NAMBOODIRIPAD
THANKAPPAN – Appellant
Versus
CO-OPERATIVE TRIBUNAL – Respondent


Judgment :-

1. An election to the Governing Body of a co-operative society by name "Thuravoor Padinjattumkara Co-operative Society Ltd., No. 2727", has given rise to this original petition. The petitioners are the members elected in the election held on 26-2-1977. The fifth respondent herein, who is a defeated candidate in the same election, challenged the election by a petition under S.69 of the O.P. Kerala Co-operative Societies Act, 1969 (shortly the Act) before the third respondent, and, Ext. P1 is the election petition. Ext. P2 is the copy of the written statement filed in that case. The third respondent passed Ext. P3 award setting aside the election. The petitioners challenged the correctness of Ext. P3 order before the first respondent. The first respondent passed Ext. P5 order, confirming Ext. P3. Thus, the election was set aside by the competent authorities constituted under the Act. The petitioners are challenging the validity of Exts. P3 and P5.

2. Though, in the election petition, several grounds were urged for challenging the validity of the election, the only question that was raised before me was, whether non-compliance with R.35 (3) (a) of the Co-operative Societies













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