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2021 Supreme(Online)(KER) 88

HIGH COURT OF KERALA
THE PRESIDENT, PRIYADARSHINI KSHEEEROLPADAKA SAHAKARNA SANGHAM PT 141(D) APCOS – Appellant
Versus
THE STATE OF KERALA – Respondent


JUDGMENT

Being aggrieved by the inaction on the part of the respondents in holding elections to the Priyadarshini Ksheerolpadaka Sahakarana Sangham, a Society registered under the Kerala Co-operative Societies Act and the Rules framed thereunder, the petitioners have approached this Court.

2. The petitioners herein, who are the office bearers of the society state that the present committee entered office following elections which were held on 181.2016 and its term is scheduled to expire on 17.1.2021. The committee in its meeting held on 16.11.2020, resolved to hold elections on 14.1.2021. In the very same meeting, they approved the preliminary voters list consisting of 25 members eligible to vote in the proposed election. The proforma was submitted before the 4th respondent and the requisite fees were also remitted. However, with the objective of appointing an Administrator, to manage the society, no action was taken by the respondent. According to the petitioners, the reason for non-conduct of election is an innocuous conflict between the provisions of the bye-laws of the Society with the provisions of the Act. As per the provisions of the bye-laws, the term of the committee is 5 ye

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