Strict limitation for cooperative election disputes cannot be extended through writ jurisdiction without statutory authority.

A statutory limitation period for election disputes under the Kerala Co-operative Societies Act must be applied strictly where the law provides no power to condone delay or enlarge time. Article 226 cannot be invoked to override the statutory scheme by extending the one-month period prescribed for referring such disputes. The decision confirms that writ jurisdiction cannot be used to defeat a fixed legislative deadline in election matters, and that any enlargement of time requires express statutory authority.

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Issues: Whether the High Court could, in exercise of writ jurisdiction, extend the statutory period prescribed for raising an election dispute under the Kerala Co-operative Societies Act, 1969.

Analysis: Article 243ZK of the Constitution of India contemplates a statutory mechanism for election disputes in co-operative societies, and Section 69(3) of the Kerala Co-operative Societies Act, 1969 fixes a one-month period for referring such disputes. In the absence of any provision in the statute empowering enlargement of time, the limitation prescribed for election matters must be construed strictly. The writ jurisdiction under Article 226 of the Constitution of India cannot be used to defeat the statutory scheme by extending a time limit that the legislature has not made condonable.

Conclusion: The High Court could not extend the statutory period for preferring the election dispute.

Final Conclusion: The impugned judgment was interfered with to the extent it enlarged the time for invoking the statutory remedy, and the writ petitions were sent back for fresh consideration in accordance with law.

Ratio Decidendi: Where the statute governing election disputes prescribes a fixed limitation period and provides no power of condonation or enlargement, the writ court cannot extend that period by recourse to Article 226.

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