K. Balakrishnan Nair, J.

WA No. 2700/2007:

1. The appellant is the 3rd respondent in the writ petition. The writ petition was filed under Art.226 of the Constitution of India, challenging the validity of the election held on 23/09/2007 to the Managing Committee of the 5th respondent Cooperative Society. The appellant is one of the returned candidates. This Court admitted the writ petition and ordered notice on the respondents. This Court also passed an interim order restraining the newly elected Managing Committee from enrolling new members and also from making appointment of any employees. The appellant filed a counter affidavit, raising a preliminary objection that the writ petition is not maintainable under Art.226 of the Constitution of India. He submitted that the Cooperative Societies Act is a self contained code. It provides for an effective alternative machinery for resolution of election disputes. Further, it was also contended that as the disputes raised in this writ petition mainly fall within the realm of disputed questions of fact, the writ petition should be dismissed and the writ petitioners should be turned away to invoke the statutory remedy available to them