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2008 Supreme(Ker) 355

THOTTATHIL B.RADHAKRISHNAN
M. K. Abu – Appellant
Versus
State Co-Operative Election Commission, Thiruvananthapuram, Represented by the Secretary – Respondent


Advocates Appeared:For the Petitioner:George Poonthottam, Advocate. For the Respondents: R1 to R3, Anu Sivaraman, Govt. Pleader.

Judgment :

Heard the learned counsel for the petitioner and the learned senior Government Pleader appearing on behalf of the respondents.

2. On 14-6-2008, the committee of the co-operative bank represented by the petitioner resolved fixing 17-8-2008 as the date for election of the successor committee. That was forwarded to the first respondent, the State Co-operative Election Commission along with Ext.P1 letter stating that the term of the committee in office would expire on 16-10-2008 and it has been decided to hold the election on 17-8-2008 within two months before because, nearly 70% of the members of the bank belong to Muslim community and that during September and October, they have to be deeply involved in the religious fasting and prayers during the Ramzan period and therefore to obtain the co-operation of all the members, the election is fixed in August, 2008 and since the place of election, namely, the school, being not available on any other Sundays, the date is fixed as 17-8-2008.

3. This writ petition is filed on the apprehension that the first respondent is not likely to act on Ext.P1 request and resolution. Directions are therefore sought for to compel the first respon






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