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GOPINATH P.
Anil Akkara, S/o. A. V. Antony – Appellant
Versus
State Co-Operative Election Commission – Respondent
JUDGMENT :
The petitioner is a member of the 5th respondent bank -a society registered under the Kerala Co-operative Societies Act, 1969 (hereinafter referred to as ‘the Act’). He is also a former member of the Kerala Legislative Assembly. Elections to the Managing Committee of the 5th respondent have been notified to be held on 16.04.2023. The petitioner has approached this Court praying inter-alia for a writ of certiorari to quash Ext.P.1 election notification, for directions to prepare a proper voters list and for a declaration that members with any identity card issued by the 5th respondent, together with any other identity card as provided in the explanation to Rule 35A(6)(x) of the Kerala Co-operative Societies Rules, 1969 (hereinafter referred to as ‘the Rules’) must be allowed to cast their votes.
2. Sri. George Poonthottam learned Senior Counsel appearing for the petitioner on the instructions of Adv.Nisha George would contend that the 5th respondent is a society which provides through its by-laws that it shall have a ‘representative general body’ as contemplated by Section 27(2) of the Act. He refers to the provisions of Sections 27 and 28 of the Act and to Rules 34, 34A an
Disputes regarding electoral rolls must be addressed through statutory remedies under the Kerala Co-operative Societies Act, not via writ petitions.
The preparation of electoral roll under Rule 13-D(2-A) is an integral part of the election process, and the writ petition to challenge the electoral roll on the ground of non-compliance with Rule 13-....
The main legal point established in the judgment is that the denial of voting rights based on discrepancies in the Form 6B register was illegal and not permitted by the KCS Act and Rules. The court e....
The denial of voting rights based on discrepancies in the Form 6B register was illegal and not permitted by the KCS Act and Rules. The court set aside the election and directed a fresh polling date i....
The main legal point established in the judgment is the requirement to adhere to the specific procedures and provisions outlined in the Telangana Co-operative Societies Act, 1964 and the Rules made t....
is fundamental that once an election notification is issued, the process of election as such cannot suffer a challenge nor can be stopped or interdicted.
The court ruled that the provisional voters' list must be based on the correct date as per statutory rules, emphasizing compliance with election regulations.
The main legal point established in the judgment is that objections to the provisional voters list for co-operative society elections must be within the jurisdiction of the Election Officer and must ....
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