Kerala High Court
The Board Of Directors vs The Kerala State Co-Operative Election on 14 March, 2019
Author: Devan Ramachandran
Bench: Devan Ramachandran
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
THURSDAY ,THE 14TH DAY OF MARCH 2019 / 23RD PHALGUNA, 1940
WP(C).No. 35413 of 2018
PETITIONERS:
1 THE BOARD OF DIRECTORS,
THE NEDUNGAPRA SERVICE CO-OPERATIVE BANK
LTD.NO.E.135,
NEDUNGAPRA P.O., KURUPPAMPADY (VIA),
ERNAKULAM DISTRICT, PIN CODE - 683 545.
REPRESENTED BY ITS PRESIDENT.
2 THE NEDUNGAPRA
SERVICE CO-OPERATIVE BANK LTD
NO.E.135,NEDUNGAPRA P.O, KURUPPAMPADY
(VIA),ERNAKULAM DISTRICT, PIN CODE-683545
,REPRESENTED BY ITS SECRETARY.
BY ADV. SRI.GEORGE POONTHOTTAM (SR.)
RESPONDENTS:
1 THE KERALA STATE CO-OPERATIVE ELECTION
COMMISSION,
3RD FLOOR, CO-BANK TOWERS, VIKAS BHAVAN P.O.,
THIRUVANANTHAPURAM - 695 033,
REPRESENTED BY ITS ADDITIONAL REGISTRAR
/SECRETARY.
2 THE ASSISTANT REGISTRAR OF
CO-OPERATIVE SOCIETIES(GENERAL),OFFICE OF THE
ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES
(GENERAL),KUNNATHUNAD, ERNAKULAM DISTRICT-
682311.
3 ADDL.R3 THE JOINT REGISTRAR (GENERAL) OF CO-
OPERATIVE SOCITIES
KAKKANAD, ERNAKULAM DISTRICT, KOCHI-682030.
(ADDL.R3 IMPLEADED SUO MOTU AS PER ORDER DATED
19/12/2018)
BY ADVS.
SRI.R.LAKSHMI NARAYAN
GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
14.03.2019, ALONG WITH WP(C).40862/2018, THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 40862 of 2018 & WP(C).No. 35413 of 2018
-2-
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
THURSDAY ,THE 14TH DAY OF MARCH 2019 / 23RD PHALGUNA, 1940
WP(C).No. 40862 of 2018
PETITIONERS:
1 NOBLE THOMAS
AGED 39 YEARS
S/O. STENISLAVOS, KALAMBADAN HOUSE, NEDUNGAPRA
P.O., ERNAKULAM DISTRICT - 683 545.
2 P.V. PATHROSE,
AGED 78 YEARS
S/O. VARKEY, PALUMOOTTIL PULLEN, NEDUNGAPRA
P.O., ERNAKULAM DISTRICT - 683 545.
3 BENNY P.M.,
AGED 56 YEARS
S/O. P.G. MATHEW, PUTHUSSERRY HOUSE, THURUTHI
P.O., NEDUNGAPRA, ERNAKULAM DISTRICT - 683 545.
4 P.V. SHAJU,
AGED 56 YEARS
S/O. VARKEY, PUNNORPILLIL HOUSE, NEDUNGAPRA
P.O., ERNAKULAM DISTRICT - 683 545.
5 BEENA SAJU,
AGED 43 YEARS
W/O. SAJU, PARACKAL HOUSE, NEDUNGAPRA P.O.,
ERNAKULAM DISTRICT - 683 545.
6 C.M. VIJAYAN,
AGED 62 YEARS
S/O. MUNDAN, CHIRANGARA HOUSE, NEDUNGAPRA P.O.,
ERNAKULAM DISTRICT - 683 545.
7 SHIJU K.O.,
AGED 40 YEARS
S/O. OUSEPH, KANNADAN HOUSE, NEDUNGOOR P.O.,
ERNAKULAM - 683 545.
WP(C).No. 40862 of 2018 & WP(C).No. 35413 of 2018
-3-
8 K.P. VARGHESE,
AGED 72 YEARS
PANATTU HOUSE, ASAMANNOOR P.O., ERNAKULAM
DISTRICT - 683 549.
9 K.K. ALIAS,
AGED 50 YEARS
S/O. KURIAN, KAVICHERY HOUSE, NEDUNGAPRA P.O.,
ERNAKULAM DISTRICT - 683 545.
10 PAILY,
AGED 64 YEARS
S/O. PAILY, PALLATHUKUDI HOUSE, NEDUNGAPRA P.O.
- 683 545.
BY ADVS.
SMT.SUMATHY DANDAPANI (SR.)
SRI.MILLU DANDAPANI
SRI.S.VISHNU (V-736)
RESPONDENTS:
1 THE KERALA STATE CO-OPERATIVE ELECTION
COMMISSION
3RD FLOOR, CO-BANK TOWERS, VIKAS BHAWAN P.O.,
THIRUVANANTHAPURAM, 695 033.
REPRESENTED BY ITS ADDITIONAL
REGISTRAR/SECRETARY.
2 THE ASSISTANT REGISTRAR OF CO-OPERATIVE
SOCITIES (GENERAL), OFFICE OF THE ASSISTANT
REGISTRAR OF CO-OPERATIVE SOCITIES (GENERAL),
KUNNATHUNAD, ERNAKULAM DISTRICT- 682 311
3 NEDUMGAPRA SERVICE CO-OPERATIVE BANK LTD.
NO.135, NEDUMGAPRA P.O., KURUPPAMPADY (VIA),
ERNAKULAM DISTRICT.683 545
REPRESENTED BY ITS SECRETARY, K.G MATHEW
4 THE MANAGING COMMITTEE,
NEDUMGAPRA SERVICE CO-OPERATIVE BANK LTD.
NO.135, NEDUMGAPRA P.O., KURUPPAMPADY (VIA),
ERNAKULAM DISTRICT.683 545
REPRESENTED BY ITS PRESIDENT ROY VARGHESE.
WP(C).No. 40862 of 2018 & WP(C).No. 35413 of 2018
-4-
ADDL.R THE JOINT REGISTRAR(GENERAL)
5* CO-OPERATIVE SOCITIES KAKKANAD,
ERNAKUALM DISTRICT, KOCHI, 682 030
* SUO MOTU IMPLEADED AS PER ORDER DATED
19/12/2018
BY ADVS.
SRI.ARJUN RAGHAVAN
SRI.R.LAKSHMI NARAYAN
SRI.ADITHYA RAJEEV
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
14.03.2019, ALONG WITH WP(C).35413/2018, THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 40862 of 2018 & WP(C).No. 35413 of 2018
-5-
JUDGMENT
I am considering these Writ Petitions together and I propose to dispose all of them through this judgment, since the constitutive issue in all these cases relates to the conduct of elections to the Managing Committee of a Primary Co-operative Society by name "Nedumgapra Service Co-operative Bank" (hereinafter referred to as the 'Society' for short).
2. While, W.P(C).No 35413 of 2018 has been filed by the Board Of Directors of the Society, prior to its term having been completed; W.P(C).No 40862 of 2018 has been filed by the members of the Society.
3. As I have indicated above, the petitioners in all these cases are ad-idem that they want elections to the Managing Committee of WP(C).No. 40862 of 2018 & WP(C).No. 35413 of 2018 -6- the Society to be conducted at the earliest point of time. In fact, the learned counsel appearing for the petitioners says that, if this Court is inclined to order immediate elections to the Managing Committe of the Society, they will, at least for the time being, give up all other contentions, raised and impelled in these Writ Petitions, for that purpose.
4. Sri. Mohammed Hasim, the learned Special Government Pleader appearing on behalf of the State of Kerala and its functionaries, says that the Government is also interested in conducting elections to the Managing Committee of the Society at the earliest and that Government Order, dated 13.03.2019, bearing No. GO(P)No. 32/2019/Co-op, has been issued, wherein the Government has, invoking Section 101 of the Kerala Co-operative Societies Act 1969( "KCS Act" for short), extended WP(C).No. 40862 of 2018 & WP(C).No. 35413 of 2018 -7- the term of the Managing Committees or the Administrative Committees in charge of the affairs of the various Societies in Kerala, so as to ensure that fresh elections are completed by the end of June 2019. He says that there is no legal impediment in the Administrative Committee of the Society, pursuant to the directions of this Court in the Interim Order, dated 19.12.2018, being asked to adopt the requisite resolution for the purpose of conduct of elections so that the State Co-operative Election Commission(hereinafter referred to as the " Election Commission" for short) can complete the election process by the end of June 2019.
5. Taking note of the virtual consensus among the parties as above and adverting to the submissions of Sri.Lakshmi Narayanan, learned Counsel who has been instructed to appear on WP(C).No. 40862 of 2018 & WP(C).No. 35413 of 2018 -8- behalf of the Election Commission, I deem it appropriate to order these Writ Petitions and direct the Administrative Committee, which is concededly now in charge of the affairs of the Society, to adopt the necessary resolution for the conduct of elections to the Managing Committee of the Society, showing the date of polling to be a day after 23.05.2019(being the date on which the Lok Sabha Elections are to conclude); and thereafter, forward the same, through proper channel, to the Election Commission, within a period of one month from the date of receipt of a copy of this judgment. On such resolution reaching the Election Commission, it shall immediately take all required action to conduct elections to the Managing Committee of the respondent-Society on a day after 23.05.2019 but not later than 30.06.2019, so that an elected Managing Committee WP(C).No. 40862 of 2018 & WP(C).No. 35413 of 2018 -9- can assume office soon thereafter.
Since, I have not considered any of the other contentions or allegations in these Writ Petitions, I leave all of them open, allowing the petitioners and the party respondents to pursue it as per law, if it becomes so necessary in future.
These Writ Petitions are thus ordered.
SD/-
DEVAN RAMACHANDRAN JUDGE SJ WP(C).No. 40862 of 2018 & WP(C).No. 35413 of 2018 -10- APPENDIX OF WP(C) 35413/2018 PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE PROFORMA SUBMITTED ALONG WITH OTHER RELEVANT DOCUMENTS, BY THE PETITIONERS TO THE 2ND RESPONDENT DATED 27.9.2018 REQUESTING FOR NOTIFICATION OF ELECTION TO THE MANAGING COMMITTEE DULY ACKNOWLEDGED BY THE 2ND RESPONDENT.
WP(C).No. 40862 of 2018 & WP(C).No. 35413 of 2018 -11- APPENDIX OF WP(C) 40862/2018 PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE RESOLUTION BEARING REF. NO. DW/358/18 DATED 11.09.2018. EXHIBIT P2 TRUE COPY OF THE RESOLUTION DATED 27.09.2018.
EXHIBIT P2 A TRUE COPY OF THE ONLINE APPLICATION BEARING NO. EKM/668/2018.