High CourtsSingle Bench(2021) 06 KL CK 0077

Board Of Directors Of The Pattazhi Service Co-Operative Bank Ltd.No.1023 vs State Co-Operative Election Commission

High Court Of Kerala · Decided on 7 June 2021

HON’BLE JUDGES
Bechu Kurian Thomas, J
RESULT
Disposed Of
CASE NUMBER
Writ Petition (C) No.11748 Of 2021

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Judgment

11 paragraphs · 211 words

Bechu Kurian Thomas, J

1.

Learned Government Pleader seeks time to get instructions. Learned Standing Counsel for the 1st respondent submits that the 1st respondent has

not yet started to function after the lock-down and in the circumstances, rescheduling the election may not be possible in the immediate future.

2.

Learned counsel for the petitioner submits that in the above circumstances, appointment of an administrative committee may be imperative.

However they apprehend that the administrative committee may be appointed without regard to the fact that the petitioner had done everything to

schedule the election, as contemplated in accordance with law.

3.

Taking into consideration the circumstances arising in the case, I am of the view that the petitioner is justified in seeking a direction to appoint the

administrative committee from the members of the existing managing committee of the petitioner. Accordingly, there will be a direction to the 4th

respondent that in the event of appointing an administrative committee for the petitioner, the members shall be chosen from the existing managing

committee of the petitioner pending disposal of this writ petition. It is clarified that the aforesaid order shall not be a bar to the 1st respondent in

rescheduling the election in accordance with law taking into account the prevailing circumstances.