KANNAN Vs. STATE OF KERALA

JUDGEMENT

(1.) Petitioners are Presidents of two Co-operative Banks affiliated to the Circle Co-operative Union, Aluthur. The members of the Co-operative Union are to be elected in the manner provided under Section 88 (1) Clauses (a) to (d) of the Kerala Co-operative Societies Act, (hereinafter referred to as 'the Act'). As per clause (a) nine members are to be elected by the members of the Committees of the Societies within the circle. The petitioners were candidates for being elected from the constituency of members of the Committee. They are also voters in that constituency. As per the preliminary voters' list published on 4-7-1984, 667 voters constituted the electorate. As there were errors in preparing the list, written objections were filed pointing out the mistake. Without properly considering those objections it is alleged, a final list was published on 10-7-1984. Election was held on its basis on 5-S-1984, According to the petitioners, on account of the improper exercise of discretion by the Returning Officer, 2nd respondent, the petitioners and two others from their panel got defeated. Therefore, they challenge the election and pray for a declaration that the election conducted on 5-8-1984 as illegal and void.

(2.) The learned Counsel appearing fot the petitioner fairly and rightly submitted that the challenge against the election held on 5-8-1984 is not pressed. According to counsel, the petitioners want a decision regarding the wires of Rule 131 (1) of the Kerala Co-operative Societies Rules, 1969, (hereinafter referred to as 'the Rules'). The said provisions according to counsel, is ultra vires the provisions contained in Section 88 of the Act and so it has to be struck down.

(3.) The relevant prayer made by the petitioners regarding the challenge against Rule 131 (1) of the Rules is as follows :