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ANIL K. NARENDRAN, G. GIRISH
Rajesh Kumar C. – Appellant
Versus
State Co-Operative Election Commission – Respondent
JUDGMENT :
ANIL K. NARENDRAN, J.
1. The appellant, who is a candidate in the election scheduled to be held on 12.11.2023 at MGM LP School, Thiruvalla, to the Managing Committee of the 8th respondent Society - Thiruvalla Primary Co-operative Agricultural and Rural Development Bank Ltd. filed W.P. (C) No. 36914 of 2023, invoking the writ jurisdiction of this Court under Article 226 of the Constitution of India, seeking a writ of mandamus commanding respondents 4 to 6, namely, the Superintendent of Police, Pathanamthitta, the Deputy Superintendent of Police, Thiruvalla and the Circle Inspector of Police, Thiruvalla Police Station, to afford sufficient police protection to the voters, polling booths and its premises during the day of polling, to elect the Managing Committee of the 8th respondent Society, scheduled to be held on 12.11.2023 at Thiruvalla M.G.M.L.P. School and to continue the same till the declaration of the results, without the same being obstructed or prevented by any other persons; a writ of mandamus commanding respondents 1 to 3, namely, the State Co-operative Election Commission, the Electoral Officer and the Returning Officer, to make arrangements to conduct the elect
Rule 35A of Kerala Co-operative Rules, 1969 deals with procedure regarding conduct of election to committee of Societies by State Co-operative Election Commission.
Kerala Co-operative Societies Act deal with procedure for adjudication of any dispute arising in connection with election of board of management or any officer of a Co-operative Society.
Elections of cooperative societies must adhere strictly to statutory provisions, limiting the court's ability to appoint observers despite any requests.
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....
A writ of mandamus can only be issued where a statutory duty exists and there has been a failure to perform it; it cannot mandate actions contrary to statutory provisions.
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-....
A dispute arising among the members of a society registered under the A.P. Societies Registration Act, 2001, relating to the affairs of the society, is to be resolved through the mechanism provided u....
Point of law: Exclusion or inclusion of the names in the voters list does not warrant interference by this Court under Article 226 of the Constitution of India and such questions are to be decided in....
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