T. R. RAVI
President/Delegate – Appellant
Versus
State Co-Operative Election Commission – Respondent
JUDGMENT :
The issues involved in all the above Writ Petitions are intrinsically connected, and they are being heard and disposed of together. W.P.(C)No.9793 of 2022 is being treated as the main case for the purpose of convenience, and the facts are narrated on that basis.
WP(C)No.9793 of 2022
RELEVANT FACTS:-
2. The petitioners are Presidents of various Anand Pattern Milk Co-operative Societies (hereinafter referred to as APCOS) under the 4th respondent Central Society. The questions posed in the Writ Petition are (i) whether any member other than a delegate contemplated in Section 28(8) of the Kerala Co-operative Societies Act (hereinafter referred to as “the Act”) can vote in the election to the committee of the 4th respondent Society and (ii) whether societies granted membership/affiliation by the Administrator/
Administrative Committee can vote in the election. The Writ Petition was heard along with several other Writ Petitions relating to the election to the managing committee of the 4th respondent, and all the Writ Petitions are disposed of together.
3. The election to the 4th respondent was notified as per Ext.P1 on 04.03.2022. The election was scheduled to be held on 09.04.2022.
Jt. Registrar of Co-operative Societies V. T.A.Kuttappan reported in 2000 (2) KLT 480 (SC)
Joint Registrar of Co-operative Societies v. T.A.Kuttappan 2000 (2) KLT 480
K.Shantaraj & Anr. v. M.L.Nagaraja & Ors. (1997) 6 SCC 37
Prakashkumar v. State Co-operative Election Commission 2014 (1) KLT 68
P.S.John v. Kerala State CRMF Ltd 1984 KLT 853
Philip v. State of Kerala 2008 (2) KLT 555
Raghavan Nair v. Joint Registrar of Co-operative Societies 1998 (2) KLT 1068
State (NCT of Delhi) v. Sanjay 2014 (9) SCC 772
Rib Tapes (India)(P) Ltd & Anr. v. Union of India & Ors. 1986 KHC 665 = 1986 (4) SCC 185
Vishal N.Kalsaria v. Bank of India 2016 (1) KHC 330 = 2016(3) SCC 762
Ahmedabad Municipal Corporation v. GTL Infrastructure Limited & Ors. 2016 KHC 6877 = 2017 (3)SCC 545
Atam Prakash v. State of Haryana & Ors. 1986 KHC 745 = (1986) 2 SCC 249
Ram Narain Sons Ltd. v. Asstt. CST AIR 1955 SC 765
State of Kerala & Ors. v. A.Beevi Kannu 2014 (4) KHC 673 (FB)
Sanjay Ramdas Patil v. Sanjay & Ors. 2021 (10) SCC 306
Chief Justice of Andhra Pradesh v. L.V.A.Dixitulu AIR 1979 SC 193
Binoy Viswam v. Union of India (2017) 7 SCC 59
State of M.P. v. Rakesh Kohli (2012) 6 SCC 312
State of A.P. v. McDowell & Co. (1996) 3 SCC 709.
Mohd. Hanif Quareshi v. State of Bihar AIR 1958 SC 731
Mahant Moti Das v. S.P. Sahi AIR 1959 SC 942
Hamdard Dawakhana v. Union of India AIR 1960 SC 554
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