BALAKRISHNAKURUP Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioners, who submitted nominations in the election to the Managing Committee of Pandalam Thekkekkara Service Co-operative Bank, which is scheduled to be held on 4.11.2018 in terms of Exhibit-P1 election notification dated 24.9.2018 issued by the fifth respondent State Co-operative Election Commission, have filed this Writ Petition under Article 226 of the Constitution of India, seeking a writ of mandamus commanding the fourth respondent, who is stated to be the Returning Officer as per Exhibit-P1 election notification, to accept the nominations of the petitioners submitted as per Exhibit-P2 for the election scheduled on 4.11.2018 to the Managing Committee of the said Society. The petitioners have also sought for a writ of mandamus commanding respondents 3 and 4, who are stated to be the Electoral Officer and Returning Officer respectively, to consider Exhibits-P5 and P6 objections dated 23.10.2018 and 24.10.2018 respectively and direct the third respondent not to conduct election till acceptance of the nominations of the petitioners.

(2.) On 26.10.2018, when this Writ Petition came up for admission, the learned Senior Government Pleader took notice on admission for respondents 1 to 5 and 7. Urgent notice by special messenger was ordered to the sixth respondent, returnable by 30.10.2018. The learned Senior Government Pleader sought time to get instructions.

(3.) Heard the learned counsel for the petitioner, the learned Senior Government Pleader appearing for respondents 1 to 5 and also for the seventh respondent. Despite service of notice, none appears for the sixth respondent, the Secretary of Pandalam Thekkekkara Service Co- operative Bank.