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2016 Supreme(Ker) 4

DAMA SESHADRI NAIDU
JEROME CHRISTUDAS, CHOWWARA FISHERMEN DEVELOPMENT AND WELFARE CO-OPERATIVE SOCIETY LIMITED – Appellant
Versus
STATE OF KERALA REPRESENTED BY ITS SECRETARY TO GOVERNMENT, CO-OPERATION DEPARTMENT – Respondent


Advocate Appeared:
SRI. P.C. SASIDHARAN & SRI. ARAVINDA KUMAR BABU T.K. ADVOCATES.
SRI. A.J. JOSE AEDAIDODI, SPL. GOVT. PLEADER, SRI. K.B. PRADEEP & SRI. ASHOK SURESH, ADVOCATES.

JUDGMENT :

DAMA SESHADRI NAIDU, J.

1. Seemingly in conflict are the legislative will and the executive will: which one should prevail? The legislative will. It needs no cogitation.

2. In its familiar fealty to the Rule of Law and its constitutional obligation to give effect to the legislative will the statutory scheme this Court has twice rendered judgments: directing the authorities to hold elections to a co-operative society within a strict time frame. Nevertheless, twice the directions were ignored.

3. The Court is, yet again, constrained to give directions--for the third time. It, however, has no illusion that it will not be ignored or flouted for the third time, too. The Court's anxiety and apprehension are well founded for the learned Government Pleader has represented that it is neither for the Court nor the Election Commission to fix the date of election--it is for the administrative committee. In support of his submissions, the learned Government Pleader has placed reliance on a judgment of the learned Division Bench of this Court. It will be referred to in due course.

4. The facts which are not in dispute are that the petitioner is a member and former President of the four





































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