MANAGING COMMITTEE OF AMARAVILA CHUDUKAL ULPADAKA KRAYA VIKRAYA SAHAKARANA SANGHAM LTD Vs. KERALA KHADI AND VILLAGE INDUSTRIES BOARDLABIC

JUDGEMENT

(1.) The 1st petitioner is the Managing Committee of the 2nd petitioner Society, which is a Co-operative Society registered under the Kerala Co-operative Societies Act, 1969. The petitioners have filed this writ petition under Article 226 of the Constitution of India, seeking a declaration that Ext.P14 notice dated 22.10.2018 issued by the 2nd respondent, in exercise of the powers under Section 32 of the Act is illegal and violative of the mandatory provisions of the Act and Rules, rendering it legally unsustainable and liable to be quashed. The further reliefs sought for are a writ of certiorari to quash Ext.P14 notice; a writ of mandamus commanding the respondents not to initiate any action on the basis of Ext.P14 notice; and a writ of mandamus commanding the 3rd respondent State Co-operative Election Commission to ensure that election to the Managing Committee of the 2nd petitioner Society, as scheduled in Ext.P13 election notification, is conducted in accordance with law.

(2.) On 31.10.2018, when this writ petition came up for admission, the learned Standing Counsel for respondents 1 and 2 sought time to get instructions.

(3.) The petitioners have filed I.A.No.1 of 2018 producing therewith a copy of the judgment of this Court dated 05.06.2018 in W.P.(C) No.14434 of 2018, as Ext.P16.