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2024 Supreme(Ker) 54

T. R. RAVI
John V. C. , S/O. John V. J. – Appellant
Versus
State of Kerala, Department Of Co-Operation – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Sri K.C.Vincent, Sri N.Anand
For the Respondent: Sri Bimal K.Nath, Sr.Govt.Pleader, Sri C.M.Nazar (Sc), Sri T.Shihabudheen, Sri M.A.Asif, Sri Binish Mathew, Sri Anwin John Antony, Sri Athul Shaji

JUDGMENT :

The prayer in the writ petition is to declare that the elections held on 09.07.2022 to the 6th respondent Society and Ext.P10 as void and that it is not an election in the eye of law. There is also a prayer for a direction to the 2nd respondent to appoint an Administrative Committee from among the members of the last Managing Committee till fresh polling is conducted and results are declared. There are consequential prayers made to the effect that there should be a direction to the 4th respondent Returning Officer to permit all the members in the final voters' list published on 15.12.2020 with Form 6A identification cards and any other document mentioned in Rule 35n(ix) of the Kerala Co-operative Societies Rules, 1969 ('the KCS Rules' for short) to vote in the polling next scheduled.

2. The 6th respondent is a Primary Agricultural Credit Cooperative Society. The petitioner states that there are 14654 members. It is stated that elections were notified to be held on 9.7.2022 after a long-drawn-out legal battle at the instance of the petitioners. It is stated that to defeat the cause, the respondents permitted only 830 out of 14654 members to vote. On the basis of the said vo

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