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2008 Supreme(Ker) 448

THOTTATHIL B.RADHAKRISHNAN
K. Bhaskaran Pillai – Appellant
Versus
Nediyavila Milk Producers – Respondent


Advocates Appeared:For the Petitioner:K. Divakaran Nair, Advocate. For the Respondent:R2, Anu Sivaraman, Govt. Pleader, R1, V.V. Nandagopal Nambiar, R3, V.G. Arun, Advocates.

Judgment :

Petitioner, a member of the first respondent, a Milk Producers Co-operative Society challenges Ext.P2 notice issued scheduling the election to the committee of that society and Ext.P4 voters list. The plea of the petitioner in the writ petition is that Ext.P2 notice is invalid, it having been issued in violation of Rule 35(3)(a)(iii) of the Kerala Co-operative Societies Rules, 1969, hereinafter referred to as the "Rules" and Clause 5.1(a)(i) of the bye-laws of the first respondent society. It is also contended that the fixation of 14-7-2008 as the date for consideration of objections to the voters list is in violation of natural justice since Ext.P2 notice was served on the petitioner through post only on 15-7-2008, owing to which he could not file objections on or before 14-7-2008. It is contended that many eligible persons are excluded from Ext.P4 list while different ineligible persons are included therein. The petitioner seeks a further direction to respondents 1 and 2 to prepare voters list afresh after giving fresh notice of not less than seven days. This relief is sought on the assumption that Rule 35(3)(a)(iii) enjoins a notice period of seven days for such purpos





















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