IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 13TH AUGUST 2009 / 22ND SRAVANA 1931 WP(C).No. 23093 of 2009(F) -------------------------- PETITIONER(S): --------------- SATHISHA MOODITHAYA, AGED 34 YEARS, S/O.MADHAVA MOODITHAYA, R/AT ADKASTHALA HOUSE, P.O.KATUKUKKE, PERLA VIA, KASARAGOD DIST. BY ADV. SRI.KODOTH SREEDHARAN RESPONDENT(S): --------------- 1. KATUKUKKE SERVICE CO-OPERATIVE BANK LTD.NO.C/97, P.O.KATUKUKKE, PERLA VIA, KASARAGOD DIST., REPRESENTED BY ITS SECRETARY. 2. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL), KASARAGOD. 3. THE STATE CO-OPERATIVE ELECTION COMMISSION, OFFICE OF THE KERALA STATE CO-OPERATIVE ELECTION COMMISSION, THIRUVANANTHAPURAM. MR.K.RAMESH, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ------------------------- W.P.(C.) No.23093 of 2009 --------------------------------- Dated, this the 13th day of August, 2009 J U D G M E N T The election to the Managing Committee of the 1st respondent is scheduled to be held on 23/09/2009. The petitioner submits that although, 23/09/2009 is a Sunday, it also is a festival holiday, and therefore, it is likely that most of the members will not turn up for voting. With that objection he has filed Ext.P2 representation to the 3rd respondent to postpone the election. In this writ petition, what is sought for is that the election should be postponed. 2. Going by the provisions of the Kerala Co-operative Societies Act and the Rules framed thereunder, there is nothing preventing the authorities from scheduling election on a holiday, whether it is public holiday or festival holiday. If that be so, there is nothing illegal against the date fixed for election. The writ petition fails and is accordingly, dismissed. (ANTONY DOMINIC, JUDGE) jg