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2015 Supreme(Ker) 137

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


Advocates Appeared:
For the Petitioners:P.C. Sasidharan, Advocate.
For the Respondents:R1 to R4, D. Somasundaram, Spl. Government Pleader, R7, C.A. Majeed, K.H. Asif, Raaga R. Ramalakshmi, R6 & R8, George Poonthottam, Anna John, Rameez Nooh, Advocates.

Judgment

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


























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