Kerala High Court
Praveen.P.Kottakuzhi vs The State Co-Operative Election ... on 29 December, 2023
Author: P.B.Suresh Kumar
Bench: P.B.Suresh Kumar
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR
&
THE HONOURABLE MR. JUSTICE JOHNSON JOHN
Friday, the 29th day of December 2023 / 8th Pousha, 1945
WA NO. 2245 OF 2023
AGAINST JUDGMENT DATED 22/12/2023 IN WP(C) 43307/2023 OF THIS COURT
APPELLANT/PETITIONER:
PRAVEEN P.KOTTAKUZHI, AGED 38 YEARS, S/O PRABHAKARAN PILLAI ,
PRESIDENT, TRIVANDRUM LABOUR CONTRACT CO-OPERATIVE SOCIETY LIMITED
NO: T 1072, KUMARAPURAM, AYIROPARA,THIRUVANANTHAPURAM, PIN - 695584.
BY ADV.SMT. MARIA NEDUMPARA
RESPONDENTS/RESPONDENTS:
1. THE STATE CO-OPERATIVE ELECTION COMMISSION, REPRESENTED BY ITS
SECRETARY, 3RD FLOOR, CO-BANK TOWERS,VIKAS BHAVAN P.O,
THIRUVANANTHAPURAM, PIN - 695033.
2. THE ELECTORAL OFFICER/ ASSISTANT REGISTRAR (GENERAL),
THIRUVANANTHAPURAM OFFICE OF THE ASSISTANT REGISTRAR OF CO-OPERATIVE
SOCIETIES (GENERAL), PALAYAM, THIRUVANANTHAPURAM, PIN: 695001 .
ELECTION TO THE MANAGING COMMITTEE OF KERALA STATE LABOUR CO
OPERATIVE'S FEDERATION LIMITED NO 4491 [LABOURFED],
THIRUVANANTHAPURAM, COSTECH BUILDING, T.C 11/738(1), DIVISION OFFICE
ROAD, NEAR HOTEL PRASANTH, PMG, THIRUVANANTHAPURAM, PIN - 695033.
3. THE RETURNING OFFICER/ UNIT INSPECTOR PAPPANAMCODE, OFFICE OF THE
ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL), PALAYAM,
THIRUVANANTHAPURAM,PIN-695001, ELECTION TO THE MANAGING COMMITTEE OF
KERALA STATE LABOUR CO OPERATIVE'S FEDERATION LIMITED NO 4491
[LABOURFED], THIRUVANANTHAPURAM, COSTECH BUILDING, T.C 11/738(1),
DIVISION OFFICE ROAD, NEAR HOTEL PRASANTH, PMG, THIRUVANANTHAPURAM,
PIN - 695033.
Prayer for interim relief in the Writ Appeal stating that in the
circumstances stated in the appeal memorandum, the High Court be pleased
to pass an Order, directing the respondents to permit the appellant to
participate in the election to the Kerala State Labour Co-operative
Federation Ltd. No.4491 (Labourfed) scheduled on 01-01-2023, pending the
final disposal of this Writ Appeal.
This Writ Appeal coming on for orders on 29/12/2023 upon perusing
the appeal memorandum, the court on the same day passed the following:
P.B.SURESH KUMAR & JOHNSON JOHN, JJ.
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Writ Appeal No.2245 of 2023
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Dated this the 29th day of December, 2023
ORDER
The learned counsel for the appellant submits that the writ
petition was dismissed solely on the incorrect assumption that the
appellant has not produced along with the nomination paper, the copy of
the resolution adopted by the Society of which the appellant is a member,
designating him as its nominee. The learned counsel has brought to our
notice the averment made to that effect in paragraph 6 of the writ petition
to substantiate the said contention. The learned Government Pleader, on
instructions, asserts that the petitioner has not produced the copy of the
resolution. In the light of this controversy, it is made clear that the
election as scheduled including declaration of results can go on, but the
declaration of the results will be subject to the outcome of this appeal.
Sd/-
P.B.SURESH KUMAR, JUDGE.
Sd/-
JOHNSON JOHN, JUDGE.
Mn
29-12-2023 /True Copy/ Assistant Registrar
