IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 19TH AUGUST 2009 / 28TH SRAVANA 1931 WP(C).No. 23482 of 2009(E) -------------------------- PETITIONER(S): --------------- P. CHATHU, PRESIDENT, WYNAD DISTRICT WHOLE SALE CO-OPERATIVE CONSUMER'S STORE LTD NO. W.36, KALPATTA, WYNAD DISTRICT BY ADV. SRI.P.N.MOHANAN RESPONDENT(S): --------------- 1. JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (G), KALPATTA, WAYANAD. 2. ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES (G) VYTHIRI, KALPATTA, WAYANAD. 3. STATE OF CO-OPERATIVE ELECTION COMMISSION, REPRESENTED BY ITS SECRETARY, HOUSING BOARD BUILDING, THIRUVANANTHAPURAM. MR.K.C.SANTHOSH KUMAR, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ------------------ WP(C) No.23482 of 2009 -------------------------- Dated, this the 19th day of August, 2009 ------------------------------ J U D G M E N T Prayer sought in this writ petition is for a direction to the 1st respondent to appoint a Returning Officer to conduct election to the Managing Committee of the petitioner Society. 2. However, the learned Government Pleader, on instructions, submits that the 1st respondent was not specified about the legality of the resolution and therefore, further documents were called for by the 1st respondent, and it was therefore the delay. 3. However, having regard to the fact that the election was originally resolved to be held on 30/08/2009, and by now, due to lapse of time, that resolution has become unworkable, it is necessary for the Society to pass a fresh resolution rescheduling the election. Although, it is so, the learned counsel for the petitioner points out that the term of the Managing Committee is expiring on 04/09/2009 and if election is not held before that date, representation available to the Society to Kerala State Whole Sale WP(C) No.23482/2009 2 Co-operative Consumer Federation will be lost. 4. Taking into account the aforesaid facts, and to balance the equities, the writ petition is disposed of with the following directions:- That it will be open to the petitioner Society to pass a fresh and proper resolution rescheduling election to any date before 20/09/2009. It is directed that such a resolution shall be passed and produced before the 1st respondent within 7 days from today. It is directed that in the meanwhile, until election is held and results declared, the present Managing Committee will continue in office. But, however, if the Joint Registrar finds that the resolution to be passed and produced before him is illegal for any reason, direction for the further continuance of the Managing Committee will stand automatically recalled. 5. The petitioner shall produce a copy of this judgment before the 1st respondent also for compliance. The writ petition is disposed of as above. (ANTONY DOMINIC, JUDGE) jg