PURUSHAN v. REGISTRAR
Case at a glance
- Decided
- 01 Nov 2006
- Bench
- K THANKAPPAN
Outcome
Dismissed
Hence, the writpetition is dismissed
Provisions considered
Key paragraphs
- Para 33. In the above circumstances, this Court is of the view that the dispute arising in connection with the election of the managing committee has to be decided by Co-operative Arbitration Court. Hence, the writ petition is dismissed. Dismissal of this writ petition will not…
Judgment
K. Thankappan, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C). No. 35759 of 2005- - - - - - - - - - - - - - - - - - - - - - - - - - - - - -Dated this the 1st day of November, 2006JUDGMENTThe petitioner has approached this Court for setting aside the election of the Pozhichira Harijan Industrial Co-operative Society conducted on 30-6-2005 as it was illegal.
The grievance of the petitioner is that his name was deleted from the final voters list of the Society. The election to the managing committee of the society was conducted on 30-6-2005 and the result was published. Asper the provisions of the Kerala Co-operative Societies Act, 1969 and the Kerala Co-operative Societies Rules, 1969, dispute arising in connection with election shall be raised before the Co-operative Arbitration Courtwithin the prescribed time limit. However, the petitioner had not challenged the election. It appears that in the preliminary voters list the name of the petitioner was included and his name was deleted from the final voters list following a petition signed by some of the members of the society. Subsequently, the petitioner approached this Court and this Court directed the managing committee of the society to take steps to enroll the petitioner WPC 35759/052as member of the society and the managing committee of the society as per their resolution dated 15-11-2005 has given membership to the petitioner.
Operative part
In the above circumstances, this Court is of the view that the dispute arising in connection with the election of the managing committee has to be decided by Co-operative Arbitration Court. Hence, the writ petition is dismissed. Dismissal of this writ petition will not preclude the right of the petitioner's to file election petition as per law. K.Thankappan, Judge.mn. K. Thankappan,J. - - - - - - - - - - - - - - - -W.P.(C) No. /2006 - - - - - - - - - - - - - - - -Judgment1-11-2006
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: Hence, the writpetition is dismissed
Which statutory provisions did this judgment involve?
Kerala Co-operative Societies Act, 1969.
Which court decided this case, and when?
Kerala High Court, on 01 Nov 2006. The bench was K THANKAPPAN.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.