Kerala High Court
K.R.Rajendra Prasad vs The Kerala Kerakarshaka Sahakarana
Author: P.N.Ravindran
Bench: P.N.Ravindran
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE P.N.RAVINDRAN
MONDAY, THE 21ST DAY OF MAY 2012/31ST VAISAKHA 1934
WP(C).No. 4703 of 2010 (K)
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PETITIONER:
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K.R.RAJENDRA PRASAD,PRESIDENT,
UZHUVA SERVICE CO-OPERATIVE BANK LTD.NO.A 305
PATTANAKKAD.P.O, ALAPPUZHA.
BY ADVS.SRI.V.G.ARUN,
SRI.T.R.HARIKUMAR.
RESPONDENTS:
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1. THE KERALA KERAKARSHAKA SAHAKARANA
FEDERATION LTD.NO.4370 (KERAFED),ARISTO JUNCTION,
THIRUVANANTHAPURAM,REPRESENTED BY ITS MANAGING
DIRECTOR.
2. THE BOARD OF DIRECTORS OF THE KERALA
KERAKARSHAKA SAHAKARANA FEDERATION LTD. NO.4370 (KERAFED),
ARISTO JUNCTION, THIRUVANANTHAPURAM.
3. THE REGISTRAR OF CO-OPERATIVE SOCITIES,
THIRUVANANTHAPURAM.
4. STATE OF KERALA, REPRESENTED BY THE
SECRETARY TO GOVERNMENT,CO-OPERATION(C)DEPARTMENT
THIRUVANANTHAPURAM.
*ADDITIONAL R.5. IMPLEADED:
*5. THE SECRETARY TO GOVERNMENT,
AGRICULTURAL DEPARTMENT,
SECRETARIAT, THIRUVANANTHAPURAM.
*IS IMPLEADED AS PER ORDER DATED 04/08/10 IN I.A. 6622/10.
R1 & R2 BY ADV. SRI.MOHAMMED SHIRAZ, S.C,
R3,R4 & ADDL.R5 BY GOVERNMENT PLEADER SMT. P. MAYA.
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 21-05-2012, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
W.P.(C).NO.4703/2010-K:
APPENDIX
PETITIONERS' EXHIBITS:
EXT.P.1: COPY OF THE BYELAW OF THE R.1. FEDERATION AS AMENDED UP TO
20/06/2009.
EXT.P.2: COPY OF THE ELECTION NOTIFICATION ISSUED BY THE STATE CO-
OPERATIVE ELECTION COMMISSION DTD. 30/12/2009.
EXT.P.3: COPY OF THE BALANCE SHEET AS AT 31/03/2006.
EXT.P.4: COPY OF THE REPRESENTATION DTD. 20/01/2010.
EXT.P.5: COPY OF THE NEWS ITEM PUBLISHED IN MATHRUBHOOMI DTD.
29/01/2010.
RESPONDENTS' EXHIBITS:
EXT.R1.A: COPY OF THE G.O.MS. NO.22/87/AD DTD. 03/02/1987.
EXT.R1.B: COPY OF THE G.O.(RT).NO.1327/2001/AD DTD 07/08/2001.
EXT.R1.C: COPY OF THE G.O. MS. NO.852/88/RD DTD. 23/12/1988.
EXT.R1.D: COPY OF THE G.O. P.NO.56/2003/CO-OP. DTD. 24/03/2003.
EXT.R1.E: COPY OF THE AUDITED PROFIT & LOSS ACCOUNT FOR THE YEAR ENDED
31/03/2007 OF THE R.1.
EXT.R1.F: COPY OF THE AUDITED PROFIT & LOSS ACCOUNT FOR THE YEAR ENDED
31/03/2008 OF R.1.
EXT.R1.G: COPY OF THE G.O.(RT).NO.1841/2008/RD DTD. 29/05/2008.
EXT.R1.H: COPY OF THE LETTER NO.KFD/MD-01/GOVT/08/1862 DTD. 10/07/2006.
EXT.R4.A: COPY OF THE G.O.(MS).NO.22/87/AD DTD. 03/02/1987.
EXT.R4.B: COPY OF THE G.O.(RT).NO.1327/2001/AD DTD. 07/08/2001.
EXT.R4.C: COPY OF THE G.O.(RT).NO.852/88/RD DTD. 23/12/1988.
EXT.R4.D: COPY OF THE G.O.(P).NO.56/2003/CO-OP DTD. 22/03/2003.
EXT.R4.E: COPY OF THE AUDITED PROFIT & LOSS ACCOUNT FOR THE YEAR ENDED
31/03/2007 OF R.1.
EXT.R4.F: COPY OF THE AUDITED PROFIT & LOSS ACCOUNT FOR THE YEAR ENDED
31/03/2008 OF R.1.
EXT.R4.G: COPY OF THE G.O.(RT).NO.1841/2008/RD DTD. 29/05/2008.
EXT.R4.H: COPY OF THE LETTER NO. KFD/MD-01/GOVT/08/1862 DTD. 10/07/2008.
//TRUE COPY//
P.A. TO JUDGE.
Prv.
P.N.RAVINDRAN, J.
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W.P.(C) No.4703 OF 2010
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Dated this the 21st day of May, 2012
J U D G M E N T
The petitioner, who is the President of Uzhuva Service Co- operative Bank Ltd., a Primary Agricultural Credit Society affiliated to the first respondent federation, has filed this writ petition seeking the following reliefs:
"(i) To issue a writ of mandamus directing the 3rd respondent to reconstitute the Board of management of the 1st respondent Federation in accordance with the provisions of Ext.P1 bye-laws;
(ii) To issue a writ of mandamus directing the 3rd respondent to enquire into the allegations in Ext.P3 complaint regarding the functioning of the 1st respondent Federation and to take appropriate action, including recommendation of vigilance investigation."
2. The elections to the Managing Committee of the first respondent federation were held on 23.1.2010 before the instant writ petition was filed in terms of Ext.P2 notification dated 30.12.2009 issued by the State Co-operative Election Commission. The petitioner contends that as per the bye-laws of the federation, a copy of which is produced as Ext.P1, only 9 members can be elected to the Managing Committee, that the Managing Committee consists of 9 elected members and 7 members who are ex-officio members of the WPC No.4703/2010 2 Managing Committee, that Ext.P2 notification was issued to elect 11 members instead of 9 members and therefore the election held on 23.1.2010 pursuant to Ext.P2 notification is liable to be annulled and the respondents are bound to re-constitute the board of management in accordance with Ext.P1 bye-laws.
3. Shorn of details, the contention raised by the petitioner is that as the by-laws contemplate filling up of only 9 seats, elections could not have been held to 11 seats in the manner done pursuant to Ext.P2. By Ext.P2 in addition to the 9 members who are required to be elected in terms of bye-law 7, the State Election Commission also notified that a woman representative and a representative of the scheduled cast/scheduled tribes shall also be elected from among the President/Chairman of Primary Agricultural Credit Societies/Primary Agricultural and Rural Development Banks and Primary Co-operative Marketing Societies. It is contended that elections could not have been held without amending the bye-laws. The issue raised by the petitioner is covered against him by the decision of a learned single Judge of this Court in Azeeskutty v. Returning Officer (2008 (4) KLT 165) wherein also it was contended that the notification for election to seats in excess of the total number of seats which could be filled up in terms of the bye-laws is illegal. Overruling the said WPC No.4703/2010 3 contention, the learned single Judge held that in view of the mandate of section 28A of the Act, elections could be held even without an amendment to the bye-laws to fill up more seats than the number of seats prescribed by the bye-laws. The challenge to the election held pursuant to Ext.P2 notification cannot therefore be sustained. By the said notification, the State Election Commission only gave effect to the provisions of section 28A of the Kerala Co-operative Societies Act which was first introduced in the year 1986 and was upheld by this Court in Gopinathan Nair v. Senior Inspector of Co-operative Societies (1986 KLT 1269). I therefore find no grounds to grant the first relief prayed for by the petitioner.
4. The petitioner has besides the first relief sought a direction to the third respondent to enquire into the allegations in Ext.P4 complaint regarding the functioning of the first respondent federation. Ext.P3 complaint is dated 20.1.2010. The petitioner has in the said complaint pointed out that the office bearers of the federation have committed various irregularities in the discharge of their duties. Such being the situation, I am of the opinion that the Registrar of Co-operative Societies should examine Ext.P4 complaint and decide whether having regard to the materials before him any action is warranted on Ext.P4.
I accordingly dispose of the writ petition with a direction to the WPC No.4703/2010 4 third respondent to examine Ext.P4 and to decide whether any action should be taken having regard to the allegations therein. Needless to say, the Registrar of Co-operative Societies shall before taking a decision in the matter, afford the petitioner an opportunity of being heard and also call for a report from the concerned Joint Registrar of Co-operative Societies.
P.N.RAVINDRAN, (JUDGE) vps WPC No.4703/2010 5 WPC No.4703/2010 6