THE BOARD OF DIRECTORS OF THE PUTHUPARAMBA SERVICE CO-OP. BANK LTD Vs. THE STATE CO-OPERATIVE ELECTION COMMISSION

JUDGEMENT

(1.) The petitioners - -the Managing Committee and the President of a Bank - -have filed this writ petition questioning the action of the State Co -operative Election Commission, the first respondent, in rejecting the Bank's request to conduct the election in January, 2016. The rejection is on the grounds that beyond 31.12.2015 elections should be held on a ward basis and that the petitioner Bank so far has not divided its area of operation into wards.

(2.) The facts, in brief, are that the Managing Committee of the petitioner Bank will have its term come to an end on 22.01.2016; accordingly, it passed Ext.P1 resolution to conduct the election for the committee on 17.01.2016. On the basis of Ext.P1 resolution, the petitioner Bank sent Ext.P2 request to the Election Commission; it has required the Commission to appoint an Electoral Officer and a Returning Officer, so that they could take all the necessary steps to hold elections on 17.01.2016. The Election Commission has, nevertheless, through Ext.P3, rejected the petitioners' request. Under those circumstances, the petitioners, assailing Ext.P3, have filed the present writ petition.

(3.) The learned counsel for the petitioners has initially drawn my attention to Exts.P4 and P5 Government Orders to submit that the stipulation that the election should be held on a ward basis had already been relaxed up to 31.12.2015. According to him, since the Bank passed a resolution and communicated it to the Election Commission before 31.12.2015, it shall be deemed that the election process had begun before 31.12.2015.