BABU ANDREWS Vs. THALASSERY TALUK RUBBER

JUDGEMENT

(1.) The issue for decision is as to whether the Returning Officer, appointed to conduct election in a cooperative society, is within authority to reschedule the date for publishing the final list of voters.

(2.) In terms of R.35(1) of the Kerala Cooperative Societies Rules, 1969, hereinafter, the 'Rules', for short, the committee of the first respondent cooperative society resolved to conduct elections. Following that, the Registrar appointed a Returning Officer, who, in turn, issued Ext. P1 notification, among other things, fixing 21/07/2007 as the date of publication of the final list of voters. This writ petition is filed challenging the legality of Ext. P4, by which, the Returning Officer adjourned the publication of the final list of voters to 24/07/2007.

(3.) The contention of the writ petitioners is that the Returning Officer has no authority whatsoever to usurp the time schedule fixed in Ext. P1 notification and that therefore, the rescheduling of the date of publication of the final list of voters is without authority. In the same breath, it is also pleaded in the writ petition that in spite of the adjournment many of the objections to the draft list of voters were not considered.