THE MANAGING COMMITTEE, THIRUVALLA EAST CO-OPERATIVE BANK LIMITED Vs. THE STATE CO-OPERATIVE ELECTION COMMISSION

JUDGEMENT

(1.) This writ petition is filed by the Managing Committee of the Thiruvalla East Co-operative Bank Ltd. No.3260, seeking to quash Ext.P4 order by which, 1st respondent rejected the request of the Bank to conduct election on 10.09.2016, and for other related reliefs. Material facts for the disposal of the writ petition are as follows:

(2.) The term of the present Managing Committee of the Bank will expire on 11.11.2016 on completion of 5 years tenure as provided in Sec.28 of the Kerala Co-operative Societies Act, 1969, [hereinafter called 'the Act'] and the bye- laws of the Bank. Therefore, the Managing Committee of the Bank as per a resolution dated 08.07.2016 resolved to conduct election to the Managing Committee by scheduling the poll, if required, on 10.09.2016. While elections were notified in 2009, there were clashes instigated at the instance of rivals, and damage was caused to the properties of the school where election was held. Therefore, the Manager of the local school, where election proposed to be held, had expressed his unwillingness to spare the institution for conducting election.

(3.) That apart, it is also stated that in view of the ensuing Onam holidays commencing from 10.09.2016, manager of one of the schools has consented to provide the school premises on the said date. It is the non-availability of polling station, persuaded the Committee to adopt a resolution for holding the election during Onam holidays.