Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Kerala Cooperative Societies Act 1969 – s. 69 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Limitation Act, 1963 (36 of 1963) Kerala Co-operative Societies Act, 1969 (21 of 1969) |
Case(s) Referred | Referred Case 0 Referred Case 1 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Case Disposed Off |
Headnote | Kerala Cooperative Societies Act, 1969 – s. 69 – Whether theHigh Court, in exercise of its power u/Art. 226 of the Constitutioncould extend the statutory period prescribed u/s.69(3), within whichan election petition under the Kerala Cooperative Societies Act,1969 could be entertained – Held: s.69 of the Act is the mechanismprovided by the State Legislature as contemplated u/Art. 243 ZK (2)of the Constitution of India – Once the mechanism provided underthe Statute provides for a time schedule for preferring an electionpetition, then in the absence of a provision in the Statute forenlarging the time under any given circumstances, no court, whetherthe High Court u/Art. 226 or Supreme Court u/Arts. 32, 136 or 142of the Constitution can extend the period in election matters – Inthe matter of limitation in election cases, the Court has to adoptstrict interpretation of the provisions – Matter remitted to High Courtfor consideration afresh – Constitution of India – Art.243 ZK(2) –Election Laws – Limitation – Interpretation of Statutes. |
Judge | Hon'ble Mr. Justice Kurian Joseph |
Neutral Citation | 2018 INSC 379 |
Petitioner | Reji Thomas & Ors. |
Respondent | The State Of Kerala & Ors. |
SCR | [2018] 6 S.C.R. 805 |
Judgement Date | 2018-04-19 |
Case Number | 4001 |
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