CHANDRAN Vs. GOPALAKRISHAN

JUDGEMENT

(1.) Both the above appeals have been filed against the Judgment of the learned Single Judge in O.P. No. 10384 of 1997 dated 4.7.1997. While W.A. No. 1534 of 1997 has been filed by the 7th respondent in the original petition. W.A. No. 171 of 1997 has been filed by respondents 1 and 2.

(2.) For the purpose of discussion, we adopt the cause title as given in W.A. No. 1534 of 1997.

(3.) Pursuant to the order of this Court dated 10.5.1995 in CMP No. 12757 of 1996 in O.P. No. 8227 of 1996 an election was conducted for constituting the managing committee of the Peringode Service Co-operative Bank Ltd. on 30.6.1996. In the said election respondents 1 to 7 herein were declared elected and subsequently the said elected members assumed office on 1.7.1996. The appellant herein who also contested and lost in the said election. being aggrieved of the same, filed a petition under Section 69 of the Kerala Co-operative Societies Act, 1969 read with Rule 67(7) of the Kerala Co-operative Societies Rules, before the Assistant Registrar, Co-operation, Palghat and the same was taken on file as A.R.C. No. 1045 of 1996. In the said petition the appellant contended that the election was conducted in violation of the Acts. Rules and Regulations and further there had been serious irregularities in the conduct of the election and manipulation of records and prayed that the election held on 30,6.1996 may be set aside. The said petition was resisted by respondents 1 to 7 herein and others on various grounds. The defence is that the said petition has been filed with political motivation and that the appellant herein did not raise any objection whatsoever at any stage and that there were no irregularities or manipulation as alleged.