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2016 Supreme(Ker) 364

SHAJI P.CHALY
ADITYA VARMA RAJA – Appellant
Versus
KERALA STATE CO-OPERATIVE ELECTION COMMISSION – Respondent


Advocates Appeared:
For the Petitioner:SRI. RENJITH THAMPAN, SENIOR ADVOCATE & SMT. P.R. REENA, ADVOCATE.
For the Respondent:SRI. D. SOMASUNDARAM, SPL. GOVT. PLEADER, SRI. P.N. MOHANAN, SRI. V.G. ARUN & SRI. T.R. HARIKUMAR, ADVOCATES.

JUDGMENT :

SHAJI P. CHALY, J.

1. This writ petition is filed by the petitioner seeking to quash Exts.P3, P4 and P5 and for other related reliefs. Brief facts for the disposal of the writ petition are as follows:

2. Petitioner was the President of the 4th respondent Bank. The area of operation of the 4th respondent was confined to Mukundapuram Taluk. On and with effect from 28.05.2013, a new Taluk was created namely Chalakudy Taluk, carving out areas from Mukundapuram Taluk by the State Government. Consequent to the formation of new Taluk, bifurcation of the assets and liabilities of 4th respondent for the purpose of creation of a new Bank in the newly created Taluk necessitated. It is the contention of the petitioner that, Sec.14 of the Kerala Co-operative Societies Act, 1969 [hereinafter called 'the Act'], read with Rule 13 of the Kerala Co-operative Societies Rules (hereinafter called 'the Rules'] lay down the procedure for bifurcation of assets and liabilities.

3. Accordingly, a resolution of the General Body of the 4th respondent, after obtaining prior approval of the Joint Registrar, has to decide with respect to the bifurcation. That apart, according to the petitioner, thereafter












































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