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2018 DIGILAW 653 (KER)

Santhosh Kumar v. Mugu Service Co operative Bank Ltd.

2018-08-08

SATHISH NINAN, V.CHITAMBARESH

body2018
JUDGMENT : V. Chitambaresh, J. About two years have elapsed since the Election Commission issued Ext P7 notification directing the voters list to be rectified and postponing the election on that account. 2. The appellant submits that the general body of the bank has recently resolved to start the election process afresh after rectifying the defects if any. This assumes significance since Section 16A of the Co-operative Societies Act empowering the active members alone to participate in the election has since been deleted. Interest of justice would be met by issuing a direction to take steps for conduct of election at the earliest preferably within three months. The administrative committee constituted pursuant to the interim order dated 20.12.2016 shall continue to be in office till the election process is complete. 3. We however disapprove of the finding in the impugned judgment to the effect that the Election Commission cannot interfere in the election process. The constitutional embargo is only for a suitor and not for the Election Commission as evident from Section 28B of the Kerala Co-operative Societies Act. The Election Commission has the power of superintendence over the conduct of election and can issue directions in the preparation of the electoral roll of course on justifiable grounds. 4. We also caution that the Election Commission shall interfere only in deserving cases and the object should be to complete the election process in a fair manner at the earliest. The fact that public funds are utilized which may go waste if election is unnecessarily derailed shall also be borne in mind. 5. The impugned judgment is set aside. The writ appeal is disposed of.