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P.D.Ramesan Member

High Court Of Kerala|03 December, 2014
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JUDGMENT / ORDER

The petitioner is aggrieved with the non-consideration of the resolution by the Managing Committee fixing the election on 07.12.2014. The Managing Committee had taken such resolution only in view of the expiry of its term on 13.12.2014. The petitioner asserts that the same was handed over to the Assistant Registrar. However, the learned Special Government Pleader (Co-operation) contends that the same was sent directly to the State Election Commission. The said controversy need not be looked into at this point, since a notification as per the resolution cannot obviously be made under the Provisions of the Act and Rules, to conduct the election on 07.12.2014. 2. In such circumstance, the Managing Committee's term is expiring on 13.12.2014, definitely resolution cannot W.P.(C) No.29472 of 2014 - H 2 be adopted in accordance with the Act and Rules. Hence, on expiry of the term, the three members from the present Managing Committee alone shall be appointed as the Administrative Committee. Any disqualification with respect to the membership in the Committee shall be taken note of by the Registrar, before such appointment to the Managing Committee. The Registrar shall ensure that the Administrative Committee so appointed shall immediately take a resolution for election and forward the same through proper channel to the Election Commission, upon which the Election Commission shall also take appropriate steps in the matter to expedite election process.
The writ petition hence, is disposed of with the above directions to the Joint Registrar and the Assistant Registrar.
K. VINOD CHANDRAN, JUDGE SB
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Title

P.D.Ramesan Member

Court

High Court Of Kerala

JudgmentDate
03 December, 2014
Judges
  • K Vinod Chandran
Advocates
  • Sri
  • P C Sasidharan