LAWS(KER)-2019-8-152

ABDUL RAHIM Vs. STATE OF KERALA

Decided On August 22, 2019
ABDUL RAHIM Appellant
V/S
STATE OF KERALA Respondents

JUDGEMENT

(1.) The petitioners are stated to be members of the Kattakada Milk Marketing (Ksheera Vivasya) Co-operative Society Ltd. (hereinafter referred to as 'the Society' for short) and they impugn Ext.P1 Election Notification published by the 3rd respondent State Co- operative Election Commission (hereinafter referred to as 'the Election Commission' for short), notifying the elections to the Managing Committee of the Society, on the specific allegation that it was published by the Election Commission much beyond the period permitted under the Kerala Co-operative Societies Act and Rules (hereinafter referred to as 'the KCS Act and Rules' for short).

(2.) The petitioners say that even though Ext.P1 bears the date 16/07/2019, it was published only on 30/07/2019 in the news papers, which is even beyond the date shown therein for publication of the preliminary voters list and therefore, that the said notification is vitiated, because it robs the members of their opportunity to effectively complain against the preliminary voters list and they consequently, pray that the election be not allowed to be conduced based on it.

(3.) In answer to the afore, the learned Standing Counsel for the Election Commission- Shri.R.Lakshmi Narayan, submits that a statement has been filed on record wherein the following have been clearly stated:-