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2024 Supreme(Online)(KER) 50444
HIGH COURT OF KERALA
RAJA VIJAYARAGHAVAN, J
MK VIJAYAN – Appellant
Versus
THE CO-OPERATIVE ARBITRATION COURT [SOUTH ZONE] – Respondent
WP(C) 1643/2024
ARUN CHANDRAN, HARIMOHAN, ANJALY T.A, ASWATHY S MENON, T.R.HARIKUMAR, ARJUN RAGHAVAN, BENNY GERVACIS, ABI BENNY AREECKAL, BEA MARY BENNY, SRI. MABLE C KURIEN, SRI. C M NAZAR
Election petitions under the Kerala Co-operative Societies Act must be filed after election results are declared, as they cannot be entertained prior to the election date.
Headnote:(A) Kerala Co-operative Societies Act - Section 69(3) - Writ petitions challenging interim order of Co-operative Arbitration Court staying election results - Court finds that arbitration case maintainable only post-election declaration - Order to declare election results upheld. (Paras 2, 3, 4)
(B) Election petitions - Court rules that election petitions cannot be entertained prior to the election date, reinforcing procedural compliance. (Paras 3, 5)
| Table of Content |
|---|
| 1. maintainability of arbitration case (Para 2) |
| 2. court's order on election petition (Para 3 , 4) |
| 3. election results declared (Para 5) |
JUDGMENT
These writ petitions are filed challenging the interim order passed by the Co-operative Arbitration Court, Thiruvananthapuram by which the Court stayed the declaration of the results.
2. The contention raised by the petitioners is that an arbitration case filed under Section 69 (3) of Kerala Co-operative Societies Act , before the Co-operative Arbitration Court is maintainable only if it is filed after the declaration of the election, within one month from the date of the election.
3. When these writ petitions come up for consideration before this Court on 15.01.2023, this Court has passed the following order:-
“xxxxx
3. Having considered the submissions advanced, I find that ARC No. 2 of 2024 is an election petition filed under Section 69 of the Act on 5.1.2024 seeking to interdict the election scheduled to be held on 13.1.2024. In view of the law laid down by this Court, the Arbitration Court could not have entertained the election petition prior to the date of the election. In that view of the matter, the order dated 12.01.2024 interdicting the declaration of the result of the election will stand stayed, and there will be a direction to the Returning Officer to declare the result of the election as scheduled by way of Ext.P1 notification and complete the process on or before 18.01.2024.”
4. Today, it is submitted that in terms of the directions issued by this Court, the Returning Officer has declared the result of the election as scheduled by way of Ext.P1 notification.
5. In that view of the matter, nothing further survives. The counsel appearing for respondents 6 to 10 in W.P.(C.) No.1677/2024 submitted that steps are being taken to withdraw ARC No. 2/2024, and to challenge the result of the election in appropriate proceedings. The said submission is recorded.
The writ petitions are closed.
