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2021 Latest Caselaw 12137 Ker

WA 661/2021                                    1/3

                    IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                      Present:
                        THE HONOURABLE MR.JUSTICE V.G.ARUN
                                        &
                THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
                        Tuesday,the 20th day of April 2021/30th Chaithra, 1943
                                          WA No.661/2021
               Against Judgment dated 16-02-2021 in WP(C) No.824/2021 of this Court.
                                               ---
APPELLANT/6TH RESPONDENT IN THE W.P.(C):
              For information purpose only
    A.O.AUGUSTINE,AGED 73 YEARS,S/O.JOSEPH,
    FORMER PRESIDENT, IDUKKI TALUK PRIMARY CO-OPERATIVE
    AGRICULTURE AND RURAL DEVELOPMENT BANK LTD.,NO.I-681,
    KATTAPPANA, RESIDING AT AMBAZHATHINAMATTOM HOUSE,
    VAZHATHOPE,THADIYAMPADU P.O., PIN-685 602

       BY ADVS.M/S.LIJI J.VADAKEDOM,REXY ELIZABETH THOMAS &
       RAJEEV JYOTHISH GEORGE

RESPONDENTS/WRIT PETITIONERS AND RESPONDENTS 1 TO 5 AND 7 TO 9 IN THE
W.P.(C):
1.K.J.KUTTIACHAN,AGED 68 YEARS,S/O.KUTTIYACHAN JOSEPH,
       KIZHAKEAL, AYYAPPAN KOVIL,PIN-685 507, VICE PRESIDENT,
       IDUKKI TALUK PRIMARY CO-OPERATIVE AGRICULTURE AND
       RURAL DEVELOPMENT BANK LTD .,NO,I-681.
2.JOHNY KULAMPALLY,AGED 59 YEARS,S/O.SEBASTIAN,
       KUAMPALLY HOUSE, KATTAPPANA P.O.,PIN-685 508,
       DIRECTOR BOARD MEMBER, IDUKKI TALUK PRIMARY CO-OPERATIVE
       AGRICULTURE AND RURAL DEVELOPMENT BANK LTD., NO,I-681.
3.P.D.SOSAMMA,AGED 68 YEARS,D/O. DANIEL,
       CHELACHUVADU P.O.,PIN-685 606, DIRECTOR BOARD MEMBER, IDUKKI TALUK
       PRIMARY CO-OPERATIVE AGRICULTURE AND
       RURAL DEVELOPMENT BANK LTD., NO,I-681.
4.VIJAYAMMA JOSEPH,AGED 61 YEARS,W/O. JOSEPH,
       KIZHAKKEMUPPATTIL, AYYAPPAN KOVIL, PIN-685 507.
       DIRECTOR BOARD MEMBER, IDUKKI TALUK PRIMARY CO-OPERATIVE
       AGRICULTURE AND RURAL DEVELOPMENT BANK LTD., NO,I-681.
5.T.S.BABY,AGED 73 YEARS,S/O.SEBASTIAN, THUNDATHILETTU,
       KATTAPPANA SOUTH P.O., PIN-685 515, DIRECTOR BOARD MEMBER, IDUKKI
       TALUK PRIMARY CO-OPERATIVE AGRICULTURE AND
       RURAL DEVELOPMENT BANK LTD., NO,I-681
6.JOSE MULANCHIRA,AGED 64 YEARS,S/O. THOMMAN,
  MULANCHIRA HOUSE, KAMBILIKANDAM P.O., PIN-685 604,
       DIRECTOR BOARD MEMBER, IDUKKI TALUK PRIMARY CO-OPERATIVE
       AGRICULTURE AND RURAL DEVELOPMENT BANK LTD., NO.I-681.
7.JOY KOCHUKAROTTU,AGED 60 YEARS,S/O. JOHN, MURICKASSERY P.O.,
       PIN-685 604, DIRECTOR BOARD MEMBER,
       IDUKKI TALUK PRIMARY CO-OPERATIVE AGRICULTURE AND
   RURAL DEVELOPMENT BANK LTD., NO.I-681.
8.SHIJI SUBY,AGED 46 YEARS,W/O.SIBI,MALAVANA,KANCHIYAR P.O.,
 PIN-685 511. DIRECTOR BOARD MEMBER,IDUKKI TALUK PRIMARY
 CO-OPERATIVE AGRICULTURE AND RURAL DEVELOPMENT
 WA 661/2021                                     2/3

 BANK LTD.NO.1-681.



9.RAJU.P.M.,AGED 51 YEARS,S/O.MAMMAN, PUTHUPADICKAL,
      PANDIPPARA P.O., PIN-685 609,DIRECTOR BOARD MEMBER,
      IDUKKI TALUK PRIMARY CO-OPERATIVE AGRICULTURE AND
      RURAL DEVELOPMENT BANK LTD., NO.I-681.
10.ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES ( GENERAL),
      OFFICE OF THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES
      (GENERAL) ,NAYARUPARA P.O., IDUKKI,PIN-685 602.
              For information purpose only
11.JOINT REGISTRAR OF CO OPERATIVE SOCIETIES (GENERAL),
      PAINAVU P.O., IDUKKI,PIN-685 603.
12.REGISTRAR OF CO OPERATIVE SOCIETIES,
      OFFICE OF THE REGISTRAR OF CO-OPERATIVE SOCIETIES,
      JAWAHAR SAHAKARANA BHAVAN, DPI JUNCTION, THYCAUD P.O.,
      THIRUVANANTHAPURAM, PIN-695 014.
13.THODUPUZHA CO-OPERATIVE AGRICULTURE AND
  RURAL DEVELOPMENT BANK LTD NO.4388,THODUPUZHA P.O.,
      PIN-685 584, REPRESENTED BY ITS SECRETARY.
14.MALANADU CO-OPERATIVE AGRICULTURE AND
  RURAL DEVELOPMENT BANK,NEDUMKANDAM P.O.,
      IDUKKI DISTRICT, PIN-685 503, REPRESENTED BY ITS SECRETARY.
15.IDUKKI TALUK PRIMARY CO-OPERATIVE AGRICULTURAL AND
  RURAL DEVELOPMENT BANK LTD NO., I-681,KATTAPPANA P.O.,
      PIN-685 508, REPRESENTED BY ITS SECRETARY.
16.STATE OF KERALA,REPRESENTED BY THE SPECIAL SECRETARY ,
      CO-OPERATION DEPARTMENT GOVT.SECRETARIAT, SECRETARIAT P.O.,
      THIRUVANANTHAPURAM-695 001.
17.THE STATE CO OPERATIVE ELECTION COMMISSION,
      OFFICE OF THE STATE CO-OPERATIVE ELECTION COMMISSION,
      VIKAS BHAVAN, THIRUVANANTHAPURAM, PIN-695 033.

       BY GOVERNMENT PLEADER FOR R10 TO R12 & R16.
       ADV.SRI.P.V.BABY FOR R13.
       ADV.SRI.GEORGE MATHEW FOR R14.
       ADV.SRI.P.C.SASIDHARAN FOR 15.
       ADV.SRI.LAKSHMI NARAYAN FOR R17.

   This Writ Appeal having come up for admission on 20/04/2021 upon perusing the appeal
memorandum, the court on the same day passed the following:-
                                            ORDER

Admit.

Issue notice to R1 to R9 through speed post. Learned Government Pleader takes notice for R10 to R12 and R16. Adv.P.V.Baby takes notice for R13. Adv. George Mathew takes notice for R14. Adv.P.C.Sasidharan takes notice for R15. Adv. Lakshmi Narayan takes notice for R17. Learned Standing Counsel for the State co-operative Election Commission submits that, in view of the Covid Pandemic situation, there is no proposal to conduct the election as per the notification and the election will be conducted only on the basis of a fresh notice to be issued at a later stage. This is recorded.

Post immediately after vacation.

20-04-2021       Sd/- V.G.ARUN,JUDGE
            Sd/-MURALI PURUSHOTHAMAN,JUDGE
 WA 661/2021                         3/3

    /true copy/
                                             Sd/-
              ASSISTANT REGISTRAR




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