PRESIDENT, ALUVA CO Vs. STATE CO

JUDGEMENT

(1.) The petitioners, who are the President and Secretary of Aluva co-operative Agricultural and Rural Development Bank, have filed this writ petition under Article 226 of the Constitution of India, seeking a writ of certiorari to quash Ext. P3 election notification dated 27.09.2018 issued by the 1st respondent State Co-operative Election Commission, whereby election to the Managing Committee of the said Society is scheduled to be held on 04.11.2018, to the extent the same is in variance with Ext. P1 amended bye laws of the Society and Ext. P2 proforma dated 03.09.2018 submitted by the Secretary-in-Charge of the Society to the 1st respondent Co-operative Election Commission. The further relief sought for is a writ of mandamus commanding the 1st respondent Election Commission to issue erratum notification, as contained in Ext. P4 communication dated 06.10.2018 of the Secretary, in conformity with the election notification issued in 2013 and as proposed in Ext. P2 communication dated 03.09.2018, before the date fixed for submission of nomination.

(2.) On 16.10.2018, when this writ petition came up for admission, the learned Government Pleader was directed to get instructions.

(3.) Heard the learned counsel for the petitioners and also the learned Senior Government Pleader appearing for the respondents.