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2015 Supreme(Ker) 19

V.CHITAMBARESH
Kalladikode Service Co-Operative Bank Ltd. represented by its President – Appellant
Versus
State of Kerala represented by Secretary To Government Co-Operative Department, Thiruvananthapuram – Respondent


Advocates Appeared:
For the Petitioner:V.M. Kurian, Mathew B. Kurian, K.T. Thomas, Advocates.
For the Respondents: D. Somasundaram, Special Government Pleader.

Judgment :-

1. The five year term of the Managing Committee in office of the petitioner bank would expire on 06.03.2015 and steps were therefore initiated to conduct an election well ahead in time. The petitioner bank is a Society registered under the Kerala Co-operative Societies Act, 1969 ('the Act' for short) engaged in the business of banking apart from a fertiliser depot and a provision store. The Managing Committee passed a resolution on 29.12.2014 to conduct the election on 01.03.2015 as required under Rule 35A of the Kerala Co-operative Societies Rules, 1969 ('the Rules' for short). It is conceded that the fourth respondent Election Commission has neither appointed a Returning Officer nor issued a notification finalising the election calender. The petitioner bank now finds it difficult to have the election conducted adhering to the provisions of the amended Act and the Rules in the preparation of the voters list. The petitioner bank contends that there is paucity of time to identify the active voters giving effect to Sections 16A and 19A of the Act as well as Rule 18A of the Rules. The plea therefore is that Rule 18A of the Rules should not be applied to the petitioner bank


























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