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2022 Supreme(Ker) 1115

V. G. ARUN
Sunilkumar S. , S/o. Soman Pillai – Appellant
Versus
State Co-Operative Election Commission – Respondent


Advocates:
Advocate Appeared:
For the Appellant : M.SASINDRAN, P.SHAHEED

JUDGMENT :

The petitioner is a member of the third respondent Society. The last election to the Managing Committee of the third respondent was conducted on 19.11.2017 and hence, the term of the incumbent committee is due to expire on 19.11.2022. Therefore, the Committee adopted Ext.P1 resolution on 09.10.2022, requesting the State Co-operative Election Commission to conduct the next election on 30.10.2022. This writ petition is filed contending that the election to the Managing Committee cannot be conducted based on a resolution adopted by the Managing Committee alone, since Section 29(i)(ce) of the Kerala Co-operative Societies Act ('the Act' for short) mandates a declaration by the general body regarding the date of holding of its general body meeting and conduct of elections when due.

2. Adv.M.Sasindaran, learned Counsel for the petitioner, contended that under the Scheme of the Co-operative Societies Act, the final authority is the general body of members. Therefore, it is for the general body to decide as to when the next election of its representatives (Managing Committee members), is to be conducted. If majority of the members are of the opinion that it would be conducive to h

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