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2023 Supreme(Ker) 342

GOPINATH P.
Anil Akkara, S/o. A. V. Antony – Appellant
Versus
State Co-Operative Election Commission – Respondent


Advocates:
Advocate Appeared:
For the Appellant : NISHA GEORGE, GEORGE POONTHOTTAM (SR.)ANSHIN K.K
For the Respondent: S.C.M.NAZAR, P.C SASIDHARAN, SRI. P P THAJUDHEEN (SPL GP)

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

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