REJI THOMAS & ORS. versus THE STATE OF KERALA & ORS.

Citation: [2018] 6 S.C.R. 805 · Decided: 19-04-2018 · Supreme Court of India · Bench: KURIAN JOSEPH · Disposal: Disposed off

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Judgment (excerpt)

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REJI THOMAS & ORS.
v.
THE STATE OF KERALA & ORS.
(Civil Appeal No. 4001 of 2018)
APRIL 19, 2018
    [KURIAN JOSEPH, MOHAN M. SHANTANAGOUDAR
 AND NAVIN SINHA, JJ.]
Kerala Cooperative Societies Act, 1969 – s. 69 – Whether the
High Court, in exercise of its power u/Art. 226 of the Constitution
could extend the statutory period prescribed u/s.69(3), within which
an election petition under the Kerala Cooperative Societies Act,
1969 could be entertained – Held: s.69 of the Act is the mechanism
provided by the State Legislature as contemplated u/Art. 243 ZK (2)
of the Constitution of India – Once the mechanism provided under
the Statute provides for a time schedule for preferring an election
petition, then in the absence of a provision in the Statute for
enlarging the time under any given circumstances, no court, whether
the High Court u/Art. 226 or Supreme Court u/Arts. 32, 136 or 142
of the Constitution can extend the period in election matters – In
the matter of limitation in election cases, the Court has to adopt
strict interpretation of the provisions – Matter remitted to High Court
for consideration afresh – Constitution of India – Art.243 ZK(2) –
Election Laws – Limitation – Interpretation of Statutes.
Disposing of the matters, the Court
HELD:  The matters need to be considered afresh by the
High Court since the Court could not have relegated the parties
to the alternative remedy under the Statute by enlarging the time
for preferring the election dispute. Accordingly, the impugned
Judgment to that extent is set aside.  The writ petitions are
remitted to the High Court for fresh consideration.  It will be
open to the parties to raise all available contentions before the
High Court. [Para 14] [813-C-D]
Smita Subhash Sawant v. Jagdeeshwari Jagdish Amin
& Ors. (2015) 12 SCC 169 : [2015] 9 SCR 600 ; Union
   [2018] 6 S.C.R. 805
805
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SUPREME COURT REPORTS
[2018] 6 S.C.R.
of India & Anr. v. Kirloskar Pneumatic Co. Ltd.
(1996) 4 SCC 453 : [1996] 2 Suppl.  SCR  326 – relied
on.
Case Law Reference
[2015] 9 SCR 600
         relied on
Para 11
[1996] 2 Suppl. SCR  326      relied on
Para 12
CIVIL APPELLATE JURISDICTION: Civil Appeal No. 4001
of 2018.
From the Judgment and Order dated 02.03.2017 of the High Court
of Kerala at Ernakulam in WP (C) No. 34019 of 2016
 WITH
Civil Appeal Nos. 4002-4006 of 2018
Special Leave Petition (Civil) Nos. 16136-16140, 25720 &
30308-30312 of 2017 and Special Leave Petition (Civil) No. 9858 of
2018.
Kapil Sibal, P. V. Surendra Nath, V. Giri, Sr. Advs., Renjith
Thampan, AAG, Kerala, George Poonthottam, Atul Shankar Vinod, Dileep
Pillai, Ajay K. Jain, Vikas Pathak, M. P. Vinod, Ms. Resmitha
R. Chandran, Ms. Lekha Sudhakaran, G. Prakash, Jishnu M.L.,
Ms. Priyanka Prakash, Ms. Beena Prakash, Vijay Shankar V. L.,
Vijay Mohan V., V. K. Biju, C. K. Sasi, Ms. Nayantara Roy, Manukrishnan
G., Hminder Lal Advs. for the Appellants.
The Judgment of the Court was delivered by
KURIAN, J.
SLP (C) No. 15765 of 2017 and SLP (C) Nos.15768-15772
         of 2017
1. Leave granted.
2. Whether the High Court, in exercise of its power under Article
226 of the Constitution of India could have extended the statutory period,
within which an Election Petition under the Kerala Cooperative Societies
Act, 1969 (in short, “the Act”) should have been entertained, is the legal
question arising for consideration in these appeals.
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3. The dispute pertains to the election to the Thiruvalla East
Cooperative Bank Ltd. (hereinafter referred to as, “Cooperative
Society”).  Writ Petition (C) No. 34019 of 2016 and other connected
matters filed before the High Court of Kerala pertain to the election to
the Cooperative Society.  The prayers in the writ petition read as
follows :-
“i) Issue a writ of certiorari, or other appropriate writ, order
or direction to quash Ext. P3 election notification, Ext. P4
preliminary voters list, and Ext. P9 final voters list.
ii) To direct the respondents to prepare an electoral role
including all the members of the society and publish and
conduct the election with that voters list.
iii)  To declare that the exclusion of members from the voters
list for the ensuring election prepared applying Section 16A
and 19A of the Cooperative Societies Act is inoperative and
that in view of the exemption order issued by the Government
by G. O. (P) No. 100/16 dated 15/10/2016 all members of the
society are entitled to exercise their franchise in the election.
iv) Is

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