VidhiSangh

Supreme Court of India · 19/04/2018

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

[2018] 6 S.C.R. 805 · 2018 INSC 379

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Summary

The Supreme Court held that the High Court could not enlarge the statutory one-month period for referring a cooperative election dispute when the Act supplied no extension power. Since relegation to that remedy on an enlarged period was impermissible, the writ petitions were remitted for fresh consideration with all available contentions open. The elected committee’s provisional day-to-day administration, without policy decisions, continued pending disposal. The Court did not decide the disputed voters’ eligibility.

Issues

  1. Whether the High Court could extend the statutory election-dispute referral period.
  2. What followed for the pending writ petitions and provisional managing committee.

Provisions considered

Held

Result

Impugned judgment set aside to the stated extent; writ petitions remitted for fresh consideration. Provisional committee arrangement continued; appeals and connected special leave petitions disposed of.

Judgment PDF: Supreme Court of India, [2018] 6 S.C.R. 805.