The petitioners' allegation in the above writ petition was with respect to Exhibit P1 notice issued by the Secretary, which, according to the petitioner, could not be done by the Secretary under Section 28B of the Kerala Co-operative Societies Act, 1969 [for brevity “the Act”].
2. Section 28B of the Act confers exclusive authority on the State Co-operative Election Commission to convene elections, to the Managing Committees, as also to the office bearers of the Managing Committee. The issue which is projected herein is with respect to the election to the office of President of the respondent-Society. The petitioners' allegation is that the Secretary has no jurisdiction to issue an order as indicated at Exhibit P1.
3. The respondents 2 to 7 have filed a detailed counter affidavit, in which it has been stated that the writ petition itself is tainted, insofar as the same is filed WP(C).No.16854 of 2014 - 2 -
suppressing material facts. Respondents 2 to 7 produced Exhibit R2(a) judgment of this Court, wherein the very same issue was agitated and it was directed that the State Co-operative Election Commission would convene an election, to elect the President of the Managing Committee of the very same society. Time bound directions were issued in Exhibit R2(a), in consonance with which Exhibit R2(b) resolution was passed by the Society; and forwarded to the Commission through the Assistant Registrar (General) having jurisdiction, by Exhibit R2(c) and R2(d). Exhibit R2(f) is the notification issued by the State Co-operative Election Commission, in pursuance of which the Secretary merely intimated the election as per Exhibit P1. In such circumstance, no defect can be found on Exhibit P1 or the election date notified thereat.
4. In any event, the date fixed as per Exhibit R2(f) is over.. The learned counsel appearing for respondents 2 to 7 submits that already a fresh election notification has been issued by the State Co-operative Election Commission, fixing the election on 29.12.2014. It would have been appropriate that the WP(C).No.16854 of 2014 - 3 -
Secretary served a copy of the notification itself along with Exhibit P1. In any event, the controversy is now no more surviving, since the State Co-operative Election Commission has notified the election itself, to be convened on 29.12.2014 and the same shall be carried on, without any difficulty, on that date.
The writ petition is disposed of as above. No costs.
vku.
Sd/-
K.Vinod Chandran, Judge ( true copy )