STATE OF KERALA Vs. ANTONY

JUDGEMENT

(1.) The learned Judge by the judgment under appeal held that the first limb of R.160(1)(d) of the Kerala Cooperative Societies Rules, 1969 (the "Rules") was invalid. That is the only question which now arises in this appeal.

(2.) S.89 of the Kerala Cooperative Societies Act, 1969 (the "Act") provides:

(3.) It is contended by the Government Pleader that an election would be futile if two candidates are not elected from among the delegates of the District Cooperative Banks as postulated under S.84(4)(c). If votes are cast for only one candidate, and no vote is cast for any other candidate, the Government Pleader says, a fresh election would have to be held to elect one more candidate from among the total number of candidates. This hypothesis, as Shri. K. G. Kannanthanam appearing for the respondents rightly points out, is totally unrealistic.