Civil Appeal No. 6452 of 2017 (Arising out of Special Leave Petition (C) No. 10715 of 2014). Case: Gangadharan Nair P. and Ors. Vs Bhaskaran M. and Ors.. Supreme Court

Case Number:Civil Appeal No. 6452 of 2017 (Arising out of Special Leave Petition (C) No. 10715 of 2014)
Party Name:Gangadharan Nair P. and Ors. Vs Bhaskaran M. and Ors.
Judges:Kurian Joseph and R. Banumathi, JJ.
Issue:Kerala Cooperative Society Rules - Rule 35A(3)
Judgement Date:May 09, 2017
Court:Supreme Court
 
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Judgment:

Kurian Joseph, J.

  1. Leave granted.

  2. The main issue arising for consideration in this case is that there is no compliance of the mandatory provision of Rule 35A (3) of the Kerala Cooperative Society Rules in the matter of conduct of election. of the 12000 voters, only 1390 have voted.

  3. On the previous occasions also, the people who participated in the election were only few. In the years 2003 to 2008, of the 15001 voters, only 858 participated and in the years 2009 to 2014, of the 13249 voters, only 1375 participated. But the fact remains is that there is no proper compliance of the publication of the election schedule. The publication was only in two vernacular dailies, which have only a circulation of around 3000.

  4. In the above circumstances, there shall be a direction to the State Cooperative Election Commission to conduct election afresh to the 4th Respondent-society. The election Schedule shall be...

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