SUDHEESH V PARAKKAL, MAKKADA P O, KAKKODI, KOZHIKODE Vs. STATE CO-OPERATIVE ELECTION COMMISSION CO-TOWERS,PALAYAM

JUDGEMENT

(1.) The petitioners, who are members of the 4th respondent Cooperative Society, have filed this writ petition under Article 226 of the Constitution of India, seeking a declaration that Clause 33A(6) of Ext.P3 bye-laws of the Society is ultra vires the provisions of the said bye-laws and therefore, legally unsustainable, inoperative and without any legal footing and that, Ext.P1 notification dated 26.06.2018 issued by the 1st respondent State Co-operative Election Commission is unsustainable and further that, Ext.P2 order dated 12.07.2018 of the 2nd respondent Returning Officer does not have any legal footing and therefore, liable to be quashed to the extent it relates to the petitioners, with a further direction to the 3rd respondent Electoral Officer to allow the petitioners to contest the election scheduled as per Ext.P1 notification.

(2.) On 18.07.2018, when this writ petition came up for admission, the learned Senior Government Pleader took notice on admission for respondents 1 to 3 and urgent notice on admission by special messenger was ordered to the 4th respondent.

(3.) A counter affidavit has been filed by the 4th respondent, opposing the reliefs sought for in this writ petition.