Irinjalakuda Co-Operative ... vs Sub Collector
2024 Latest Caselaw 15496 Ker

Kerala High Court

Irinjalakuda Co-Operative ... vs Sub Collector on 5 June, 2024

Author: Devan Ramachandran

Bench: Devan Ramachandran

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
          THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
     WEDNESDAY, THE 5TH DAY OF JUNE 2024 / 15TH JYAISHTA, 1946
                       WP(C) NO. 13761 OF 2024
PETITIONER:

          IRINJALAKUDA CO-OPERATIVE AGRICULTURAL AND
          RURAL DEVELOPMENT BANK LTD NO. R-312
          REPRESENTED BY PRESIDENT, HEAD OFFICE AT
          IRINJALAKUDA, PIN - 680121

          BY ADVS.
          P.N.MOHANAN
          C.P.SABARI
          AMRUTHA SURESH
          GILROY ROZARIO


RESPONDENTS:

    1     SUB COLLECTOR, REVENUE DIVISIONAL OFFICE,
          THRISSUR, PIN - 680003

    2     LENIS K LOIUS, KODIYIL HOUSE, NADAVARAMBU,
          IRINGALAKUDA, PIN - 680669

    *3    NODAL OFFICER, (ELECTION CONDUCT RULES),
          OFFICE OF THE SUB COLLECTOR, THRISSUR 680003
          (ADDL R3 IS IMPLEADED AS PER ORDER IN
          IA NO.1/2024 DATED 05.06.2024)

          BY ADVS
          SRI. DEEPU LAL MOHAN
          SMT. MABLE C.KURIAN - SR.GP


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
05.06.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WPC 13761/24
                                        2



                            JUDGMENT

The petitioner impugns Ext.P7 whereby the 1st respondent

- Sub Collector, Trissur, has informed them that, on account of

the Model Code of Conduct declared by the Election Commission

of India, qua the Lok Sabha Elections, they will have to obtain

prior clearance for the conduct of interview for filling up

vacancies in their cadre.

2. However, Sri.Deepulal Mohan - learned Standing

Counsel for the Election Commission of India, submitted that this

issue is no longer relevant because, the elections are now over

and that the Model Code of Conduct is likely to be recalled in

the next one or two days. He added that, therefore, the

petitioner can be allowed to proceed further with appointments.

Taking note of the afore submissions of Sri.Deepulal

Mohan, I allow this Writ Petition and permit the petitioner to

complete the processes pursuant to the interview conducted by

them on the strength of the interim order of this Court dated

03.04.2024; however, following the applicable Rules and

Regulations.

Sd/-

RR             DEVAN RAMACHANDRAN
                     JUDGE



               APPENDIX OF WP(C) 13761/2024

PETITIONER EXHIBITS
Exhibit P1          A TRUE COPY OF THE JUDGMENT DATED
                    19.10.2022 IN WP(C 30483 OF 2022
Exhibit P2          TRUE COPY OF THE ORDER DATED 17.12.2022
                    OF THE JOINT REGISTRAR
Exhibit P3          TRUE COPY OF THE ORDER DATED 16.03.2024
                    OF THE JOINT REGISTRAR
Exhibit P4          TRUE COPY OF THE RESOLUTION NO.8/2024
                    DATED   23.03.2024   OF   THE   MANAGING
                    COMMITTEE
Exhibit P5          A TRUE COPY OF THE NOTICE DATED

01.04.2024 OF THE FIRST RESPONDENT Exhibit P6 TRUE COPY OF THE EXPLANATION SUBMITTED BY THE BANK DATED 01.04.2024 Exhibit P7 TRUE COPY OF THE ORDER DATED 02.04.2024 OF THE FIRST RESPONDENT