GANGADHARA CHERTHALA SOUTHPANIKKAR Vs. MANAGING COMMITTEE OF CHERTHALA SOUTH SERVICE CO-OPERATIVE BANK

JUDGEMENT

(1.) THE appeal is filed by respondent Nos. 7 and 9 against the judgment in W.P.(C). No. 23859 of 2013. By the impugned judgment the learned Single Judge directed the administrator of the respondent society to pass a resolution fixing the date of election and start election process from the stage where it was stopped. It is aggrieved by this judgment, this appeal is filed. We heard the learned Senior counsel for the appellant, the learned counsel for respondents 1 and 2, learned Special Government Pleader for respondents 3 to 6 and the learned Government Pleader for respondent No. 7 and also the learned counsel for respondent No. 9.

(2.) THE briefly stated the facts of the case are that Ext. P1 is an election notification issued for scheduling the election to 28/09/2013 for electing the office bearers of the Cherthala South Service Co -operative Bank. By Ext. P2 on 19/8/2013 itself a returning officer was also appointed. Subsequently, referring to Ext. P5, a report was made by the 7th respondent, the returning officer adjourned the election indefinitely. This was followed by Ext. P6 order passed by the 5th respondent appointing an administrator to the society and that order is dated 28/9/2013. Still later the 3rd respondent issued Ext. P7 order dated 30/9/2013 relying on Ext. P4 mentioned above and report of the Assistant Registrar dated 27/9/2013, he allegedly withdrew Ext. P1 notification. It was in these circumstances, respondents 1 and 2 filed the Writ Petition seeking to quash Exts. P4, P6 and P7 and for other consequential reliefs.

(3.) THE learned Senior counsel for the appellants contended that the learned Judge having not interfered with Ext. P7 order issued by the Election Commission, could not have directed that the election process be resumed from the stage where it was stopped. Counsel also contended that the reasons mentioned in Ext. P7 justified the entertainment of a complaint to the effect that final voters list was containing ineligible members.