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 of India & Anr. v. Kirloskar Pneumatic Co. Ltd. (1996) 4 SCC 453 : [1996] 2 Suppl. SCR 326 – relied on.
As published in the Supreme Court Reports, Supreme Court of India. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.
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