V.CHITAMBARESH
U. R. Pradeep President, Board of Directors of The Desamangalam Service Co-Operative Bank Limited Thrissur – Appellant
Versus
Kerala State Co-Operative Election Commission, Thiruvananthapuram – Respondent
1. Is it an inflexible rule that an election process halted has to be continued from that stage only notwithstanding the efflux of time ? The issue arises in the context of an election to the Managing Committee of a registered Co-operative Society.
2. The election to the Managing Committee of the Desamangalam Service Co-operative Bank Ltd. No.134 ['the Bank' for short] was originally slated on 31.8.2014 as per the notification issued. But the election was indefinitely postponed by order dated 28.8.2014 of the Kerala State Co-operative Election Commission ['the Commission' for short]. The reason stated for the postponement was that the Bank did not make available the Register in Form-6B containing the photograph of the identity card holders. The power of the Commission to postpone the election under Section 28B of the Kerala Co-operative Societies Act, 1969 ['the Act' for short] is beyond dispute. Such power of superintendence, direction and control is discernible from Rules 35A and 35B of the Kerala Co-operative Societies Rules, 1969 ['the Rules' for short] as well. More than 6 months have elapsed since the postponement of election and there was time enough to prepare the R
Madhavan Namboodiri v. Kammaran [1992 (2) KLT 567 (DB)]
Vijayakumar Vs. Joint Registrar [1996 (1) KLT 285 (DB)]
Rajendran v. State Co-operative Election Commission [2004 (1) KLT 1026 (DB)]
Kalladikode Service Co-operative Bank Ltd. v. State of Kerala [2015 (1) KLT 438]
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