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 C ourt 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 w hich an election petition under the Kerala Cooperative S ocieties 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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