BAIJU O.K. Vs. ULPILINGAL RAJAN

JUDGEMENT

(1.) The petitioners herein are the respondents in ARC 49/2018 on the file of the Co-operative Arbitration Court ( Northern) Kozhikkode. The said petition has been filed challenging the election to the Managing Committee of the 10th respondent society. The petitioners raised a challenge as to the maintainability of the petition which was rejected by the Court by a considered order. Being aggrieved, the petitioner carried the matter in appeal before the Tribunal. However, by the impugned order, the Tribunal rejected the appeal with directions. The above orders are under challenge.

(2.) I have heard Sri P.P. Jacob, the learned counsel appearing for the petitioner and the learned Government Pleader.

(3.) It appears from the records that the rejection of nomination of certain candidates was challenged in a writ petition before this Court. The challenge was rejected taking note of the fact that the election process had commenced and also that the parties had an alternate remedy in preferring an election petition under Section 69(2) (c) and 69 (3) of the Kerala Co- operative Societies Act , 1969. The matter was carried up in appeal and their Lordships of the Division Bench by an interim order permitted the candidates to contest the election. When the Writ appeal later came up, taking note of the fact that the election had concluded and certain persons had been elected, the parties were ordered to pursue the matter before the competent Arbitration Court by preferring an election petition. It is in the above backdrop that the election petition was filed.