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2019 Supreme(Ker) 883

K.VINOD CHANDRAN, V.G.ARUN
Keecheri Service Co-Operative Bank Ltd. – Appellant
Versus
Ramesh. M. M, S/o Madhavan Nair – Respondent


Advocates:
Advocate Appeared:
For the Appellant : SRI.P.C.SASIDHARAN
For the Respondent: T.B.HOOD, SMT.M.ISHA, SRI.AMAL KASHA, SRI.R.LAKSHMI NARAYAN, SRI.C.S.MANILAL, SR.GP, SRI.P.N.SANTHOSH

JUDGMENT :

Arun, J.

These writ appeals arise out of a common judgment, by which the learned Single Judge allowed the writ petitions filed by few members of the Keecheri Service Co-operative Bank Ltd. ('the Society', for short), the appellant herein. The writ petitions were filed alleging inclusion of ineligible members in the voters' list published in connection with the election to the Managing Committee of the Society. Shorn of unnecessary details, the facts which led to the filing of the writ petitions are as follows;

By notification dated 6.9.2019 published by the State Cooperative Election Commission ('the Commission', for short), election to the Managing Committee of the Society was notified to be held on 27.10.2019. As per the schedule of election, the preliminary voters' list was to be published on 23.9.2019 and the final voters' list on 3.10.2019. The share value, which was originally fixed at Rs.5/-per share was enhanced to Rs.50/-by an amendment to the bye-laws of the Society. The amendment was registered on 12.6.2014. As on 31.8.2018, a total of 8595 members had paid the enhanced share value and acquired eligibility to cast their vote in the election and the General Body.

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