SOLOMON ALEX Vs. STATE OF KERALA

JUDGEMENT

(1.) This writ petition was originally listed today to consider the grant of interim orders, as has been sought for by the petitioners. However, pointing out that elections to the Managing committee of the 6th respondent-Apex Society are scheduled on 26/06/2019, a request was made at the Bar by the various counsel for the respondents that, if this Court is so inclined, the writ petition itself may be heard and disposed of finally. Since the petitioners also supported this course, I proceeded to hear the matter finaly.

(2.) The singular allegation of the petitioners in this case, who are stated to be the delegates chosen by the various Primary Societies entitled to vote in the elections to the Managing Committee of the Apex Society, namely, the 6th respondent- Kerala State Co-operative Agricultural and Rural Development Bank (hereinafter referred to as 'the Bank' for short), is against Ext.P3 election notification, issued by the 3rd respondent-State Co-operative Election Commission, whereby only the persons belonging to a particular Revenue District have been permitted to vote to elect the member from the said District. The petitioners, referring to Ext.P1 Byelaws of the Bank, submit that the Board of Directors of the said Bank are stipulated to contain the following numbers, as is available from Clause 28 thereof:-

(3.) The petitioners thus assert that the term of Ext.P3 election notification, restricting a delegate, belonging to a particular Revenue District, to vote solely for the purpose of electing a member to a District is illegal and unlawful, since the elections are not conducted for each Revenue District as separate constituencies but for the whole State. They, therefore, pray that the impugned restriction in Ext.P3 be vacated or struck down by this Court, so as to enable all the delegates to vote for all the members to various Revenue Districts.