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2024 Supreme(Online)(KER) 37609

HIGH COURT OF KERALA
AMIT RAWAL, C.S. Sudha, JJ
ANIL PRASAD V.S. – Appellant
Versus
JOHN V.C. – Respondent


JUDGMENT

Amit Rawal , J .

The present intra court appeal is directed against the judgment of the Single Bench whereby the writ petition filed by the respondents/petitioners has been allowed with directions to the State Co-operative Election Commission and Returning OfÏcer to continue the election from the stage of polling by fixing a fresh polling date and complete the election in accordance with the provisions contained in Rule 35A(6)(n)(ix) of Kerala Co-operative Socieities Rules.

2. Primarily on the ground that preparation of the electrol roll would constitute an initiation of election process, for any fault therein, the aggrieved party would have a remedy for election petition but not writ court.

3. Before claiming reliefs in this petition, there had been series of litigation, inasmuch as that the previous term of the elected members of the committee elected in 2016 was to expire on 16th of January, 2021 by Ext.P1 dated 27th of November, 2020 notification was issued notifying the election on 10th of January, 2021.

4. Certain complaints were made including by one by Jose dated 17th of December, 2020 making following allegations: The register required to maintain under Form 6B was not

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