REJI THOMAS vs THE STATE OF KERALA STATE OF KERALA AND ORS. REPRESENTED BY THE SECRETARY TO GOVERNMENT

The Supreme Court ruled that the High Court's exercise of power under Article 226 of the Constitution cannot extend the statutory period for filing an Election Petition under the Kerala Cooperative Societies Act, 1969. The Court emphasized that the provisions of Section 16A(1)(b) of the Act were misinterpreted by the electoral officer, leading to the exclusion of eligible voters. Consequently, the Court held that all members should be allowed to participate in the election process, thereby quashing the final voters list prepared under the erroneous interpretation.