Supreme Court of India
Reji Thomas & Ors. v. The State of Kerala & Ors.
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What the Court ordered
We are of the view that 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.
Judgment, page 9
From the headnote
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…
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