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2013 Supreme(Ker) 715

K.SURENDRA MOHAN
A. R. Joseph – Appellant
Versus
Co-Operative Arbitration Court – Respondent


Advocates appeared:
For the Petitioners:P.C. Sasidharan, Advocate.
For the Respondents: Rinny Stephen, Sr. Government Pleader.

Judgment :

1. The petitioners have filed this writ petition challenging the action of the first respondent, the Co-operative Arbitration Court, Kozhikode, declaring them ex parte in ARC 24/13. They lament that the Co-operative Arbitration Court has no power to set aside the order declaring them ex parte. Therefore, they have invoked the jurisdiction of this Court under Art.226 of the Constitution.

2. The petitioners are elected members of the Board of Directors of the Thekkumkutty Ksheerolpadaka Sahakarana Sangham, the third respondent herein. An election was conducted to the Board of Directors of the Society on 27.3.2013 in which, the petitioners were elected. The fifth respondent is a candidate who was defeated at the election. The fourth respondent is a person who had challenged election notification itself before this Court. The said writ petition was dismissed, reserving his liberty to challenge the election. Respondents 4 and 5 have filed ARC 24/2013 which is pending before the first respondent. The petitioners are respondents in the said case along with the third respondent. In the ARC, the third respondent was served with notice and the society entered appearance through coun






















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