Kerala High Court
Muhammed Abdul Rasheed vs The State Co-Operative Election ... on 8 November, 2018
Author: Anil K.Narendran
Bench: Anil K.Narendran
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN
THURSDAY, THE 08TH DAY OF NOVEMBER 2018 / 17TH KARTHIKA, 1940
WP(C).No. 35051 of 2018
PETITIONERS:
1 MUHAMMED ABDUL RASHEED,
BALIYAMBRA PUTTAATT, P.O.MUKKOM, KOZHIKODE.
2 O.K.BAIJU,
ODAMKUZHIYIL, KACHERI, MUKKOM, KOZHIKODE.
3 NISHAB MULLOLI ,
MULLOLI HOUSE, MUKKOM, KOZHIKODE.
4 APPUKUTTAN,
NETTILAMPURATH HOUSE, MANASSERY, KOZHIKODE.
5 ARUMUKHAN VALATHIL,
VALATHIL HOUSE, KACHERI, MUKKOM, KOZHIKODE.
6 SAMEERA,
KARUTHEDATH HOUSE, CHENNAMANGALLUR,
MUKKOM, KOZHIKODE.
7 RUBEENA,
IRUMPADAMKANDI HOUSE, KALLURUTTI,MUKKOM, KOZHIKODE.
8 SHEENA SUDHAKARAN,
KAPPIYEDATH HOUSE, MANASSERY, MUKKOM, KOZHIKODE.
BY ADV. SRI.P.P.JACOB
RESPONDENTS:
1 THE STATE CO-OPERATIVE ELECTION COMMISSION,
THIRUVANANTHAPURAM, 3RD FLOOR, CO-BANK TOWERS,
PALAYAM, VIKAS BHAVAN P.O., THIRUVANANTHAPURAM -
695033, REPRESENTED BY ITS SECRETARY.
2 THE ELECTORAL OFFICER,
MUKKOM SERVICE CO-OPERATIVE BANK LTD.NO.F.1241,
ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES (G),
KOZHIKODE, OFFICE OF THE ASSISTANT REGISTRAR OF
CO-OPERATIVE SOCIETIES (G),KOZHIKODE-673 602
W.P.(C) Nos.35051, 35203,
35209, 35231, 35235, 35438
& 35494 of 2018 :-2-:
WP(C).No. 35051 of 2018
3 THE RETURNING OFFICER,
MUKKOM SERVICE CO-OPERATIVE BANK LTD.NO.F.1241,
KUNNAMANGALAM UNIT INSPECTOR, OFFICE OF THE ASSISTANT
REGISTRAR OF CO-OPERATIVE SOCIETIES (G),
KOZHIKODE - 673 602
4 MUKKOM SERVICE CO-OPERATIVE BANK LTD.NO.F.1241,
MANASSERY, MUKKOM, KOZHIKODE-673 602,
REPRESENTED BY ITS SECRETARY
ADDL.R5 TO R7 IMPLEADED
5 ADDL.R5 - BINU K.T.,
MEMBER NO. 12695, MUKKOM SERVICE CO-OPERATIVE BANK
LIMITED NO.F. 1241, MANASSRY, MUKKOM, RESIDING AT
KIZHAKKETHODIYIL HOUSE, KALLURUTTY P.O.
6 ADDL.R6 - BABURAJAN K.A.,
MEMBER NO.11810, MUKKOM SERVICE CO-OPERATIVE BANK
LIMITED NO.F. 1241, MANASSRY, MUKKOM, RESIDING AT
METHALAKUNNATH, KALLURUTTY P.O.
7 ADDL.R7 - E.M.RADHA,
MEMBER NO. 14123, MUKKOM SERVICE CO-OPERATIVE BANK
LIMITED NO.F. 1241, MANASSRY, MUKKOM, RESIDING AT
CHAYAMPURATH HOUSE, MUKKOM P.O., KOZHIKODE.
(ADDL.R5 TO R7 ARE IMPLEADED AS PER ORDER DATED
31/10/2018 IN IA.NO.01/2018)
BY ADVS.
SRI K.P.HARISH, SENIOR GOVERNMENT PLEADER
SRI.P.C.SASIDHARAN
SRI.I.V.PRAMOD
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
08.11.2018, ALONG WITH WP(C.35203/2018, WP(C).35209/2018,
WP(C)35231/2018, WP(C).35235/2018, WP(C).35438/2018 AND
WP(C).35494/2018, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
W.P.(C) Nos.35051, 35203,
35209, 35231, 35235, 35438
& 35494 of 2018 :-3-:
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN
THURSDAY ,THE 08TH DAY OF NOVEMBER 2018 / 17TH KARTHIKA, 1940
WP(C).No. 35203 of 2018
PETITIONERS:
1 ABDULLA A.M.
AGED 68 YEARS
S/O AHAMMAD HAJI, RESIDING AT KUTTERIKKUNNUMMEL
HOUSE, NEELESWARAM P.O., VIA OMASSERY, KOZHIKODE
DISTRICT.
2 NOUSHAD V.A,
AGED 1 YEARS
POOVATHIRIMMAL HOUSE, P.O.KALLURUTHY,(VIA)
OMASSERY,KOZHIKODE DISTRICT.
3 SHERAFUDEEN T.K,
AGED 1 YEARS
THARIPPAKKUNNUMMAL HOUSE,P.O.NEELESWARAM,KOZHIKODE
DISTRICT.
4 SAHIR P.U,
AGED 1 YEARS
PUTHUKKULANGARA HOUSE,KALLURUTHY P.O.(VIA)
OMASSERY,KOZHIKODE DISTRICT.
5 M.K.MUNEER,
AGED 1 YEARS
MALAKUNNATH HOUSE,P.O.NEELESWARAM, MUKKOM,KOZHIKODE
DISTRICT.
BY ADV. SRI.P.V.BABY
RESPONDENTS:
1 THE STATE CO-OPERATIVE ELECTION COMMISSION
THIRUVANANTHAPURAM, 3RD FLOOR, CO- BANK TOWERS,
PALAYAM, VIKAS BHAVAN P.O., THIRUVANANTHAPURAM -
695033, REP BY ITS SECRETARY
W.P.(C) Nos.35051, 35203,
35209, 35231, 35235, 35438
& 35494 of 2018 :-4-:
WP(C).No. 35203 of 2018
2 THE ELECTORAL OFFICER,
MUKKOM SERVICE CO-OPERATIVE BANK LTD
NO.E.1241,ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETY
(G),KOZHIKODE,OFFICE OF THE ASSISTANT REGISTRAR OF
CO-OPERATIVE SOCIETIES (G),KOZHIKODE-673 602.
3 THE RETURNING OFFICER,
MUKKOM SERVICE CO-OPERATIVE BANK LTD
NO.E.1241,KUNNAMANGALAM UNIT INSPECTOR, OFFICE OF THE
ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES
(G),KOZHIKODE-673 602.
4 MUKKOM SERVICE CO-OPERATIVE BANK LTD NO.E.1241,
MANASSERY, MUKKOM,KOZHIKODE-673602,REPRESENTED BY ITS
SECRETARY.
5 K.T.BINU,
S/O SUGUNAN,KIZHAKKETHODIKAY
HOUSE,P.O.KALLURUTHY,KOZHIKODE-673 602.
6 SIVASANKARAN,
S/O NARAYANAN NAIR,VALAPPIL HOUSE, PO.MANASSERY,(VIA)
MUKKOM,KOZHIKODE-673 601.
BY ADVS.
SRI.K.P.HARISH, SR.GOVERNMENT PLEADER
SRI.I.V.PRAMOD
SRI.P.C.SASIDHARAN
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
08.11.2018, ALONG WITH WP(C).35209/2018, WP(C).35235/2018,
WP(C).35494/2018, WP(C).35438/2018, WP(C).33685/2018,
WP(C).35051/2018, WP(C).35231/2018, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P.(C) Nos.35051, 35203,
35209, 35231, 35235, 35438
& 35494 of 2018 :-5-:
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN
THURSDAY, THE 08TH DAY OF NOVEMBER 2018 / 17TH KARTHIKA, 1940
WP(C).No. 35209 of 2018
PETITIONERS:
1 M. MOITHEEN MURINGAKKAL,
MURINGAKKAL HOUSE, PO SHANTHI NAGAR, VIA OMASSERY,
KOZHIKODE 673582
2 MUJEEB K.V.,
ELLATHUKANDI HOUSE, POTTASSERY, MANASSERY PO.,
MUKKAM, KOZHIKODE 673602
3 ABDUL BASHEER,
KIZHAKKEKANDI VEEDU, NEELESWARAM PO, VIA OMASSERY,
KOZHIKODE 673582
BY ADVS.
SRI.P.RAMAKRISHNAN
SMT.ASHA K.SHENOY
SMT.PREETHI RAMAKRISHNAN (P-212)
SRI.C.ANILKUMAR
SRI.PRATAP ABRAHAM VARGHESE
SRI.T.C.KRISHNA
RESPONDENTS:
1 MUKKAM SERVICE CO-OPERATIVE BANK LIMITED NO. F.1241,
P.O.MUKKAM, KOZHIKODE 673602,
REPRESENTED BY ITS SECRETARY
2 THE STATE CO-OPERATIVE ELECTION COMMISSIONER,
VIKAS BHAVAN P.O., THIRUVANANTHAPURAM-695033.
3 THE ASSISTANT REGISTRAR (GENERAL)
OF CO-OPERATIVE SOCIETIES, OFFICE OF THE JOINT
REGISTRAR (GENERAL) OF CO-OPERATIVE SOCIETIES,
KOZHIKODE 673004.
W.P.(C) Nos.35051, 35203,
35209, 35231, 35235, 35438
& 35494 of 2018 :-6-:
WP(C).No. 35209 of 2018
4 THE SENIOR INSPECTOR,
KUNNAMANGALAM UNIT, KOZHIKODE 673570.
BY ADV. SRI.I.V.PRAMOD
BY ADV.K.P.HARISH SR GP
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
08.11.2018, ALONG WITH WP(C).35051/2018, WP(C.35203/2018,
WP(C)35231/2018, WP(C).35235/2018, WP(C).35438/2018 AND
WP(C).35494/2018, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
W.P.(C) Nos.35051, 35203,
35209, 35231, 35235, 35438
& 35494 of 2018 :-7-:
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN
THURSDAY, THE 08TH DAY OF NOVEMBER 2018 / 17TH KARTHIKA, 1940
WP(C).No. 35231 of 2018
PETITIONER:
MODAVANKUNNATH MUHAMMEDKUTTY
MODAVANKUNNATH HOUSE, P.O.CHENNAMANGALLUR, MUKKOM,
KOZHIKODE-673 602.
BY ADV. SRI.P.P.JACOB
RESPONDENTS:
1 THE STATE CO-OPERATIVE ELECTION COMMISSION,
THIRUVANANTHAPURAM, 3RD FLOOR, CO-BANK TOWERS,
PALAYAM, VIKAS BHAVAN.P.O.,
THIRUVANANTHAPURAM-695 033.
REPRESENTED BY ITS SECRETARY.
2 THE ELECTORAL OFFICER,
MUKKOM SERVICE CO-OPERATIVE BANK LTD NO F 1241,
ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES (G),
KOZHIKODE,OFFICE OF THE ASSISTANT REGISTRAR OF CO-
OPERATIVE SOCIETIES(G), KOZHIKODE-673 602.
3 THE RETURNING OFFICER,
MUKKOM SERVICE CO-OPERATIVE BANK LTD NO.F 1241,
KUNNAMANGALAM UNIT INSPECTOR, OFFICE OF THE ASSISTANT
REGISTRAR OF CO-OPERATIVE SOCIETIES(G),
KOZHIKODE 673 602.
4 MUKKOM SERVICE CO-OPERATIVE BANK LTD NO.F 1241,
MANASSERY, MUKKOM, KOZHIKODE 673 602,
REPRESENTED BY ITS SECRETARY.
W.P.(C) Nos.35051, 35203,
35209, 35231, 35235, 35438
& 35494 of 2018 :-8-:
WP(C).No. 35231 of 2018
5 SIVASANKARAN,
S/O NARAYANAN NAIR,VALAPPIL,VALAPPIL HOUSE,
P.O.MANASSERY,MUKKOM,KOZHIKODE-673 601.
6 K.T.BINU,
S/O SUGUNAN, KIZHAKKETHODIKAY HOUSE,
P.O.KALLURUTTY,KOZHIKODE-673 602.
BY ADV.K.P.HARISH, SR GP
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
08.11.2018, ALONG WITH WP(C).35051/2018, WP(C.35203/2018,
WP(C).35209/2018, WP(C).35235/2018, WP(C).35438/2018 AND
WP(C).35494/2018 THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
W.P.(C) Nos.35051, 35203,
35209, 35231, 35235, 35438
& 35494 of 2018 :-9-:
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN
THURSDAY, THE 08TH DAY OF NOVEMBER 2018 / 17TH KARTHIKA, 1940
WP(C).No. 35235 of 2018
PETITIONERS:
1 E.K. SHAHUL HAMEED,
EDAVANAMKUNNATH, THAZHAKODE AMSOM, DESOM, MUKKOM
2 MUTHUKUTTIYIL KANNAN,
MUTHUKUTTIYIL, THAZHAKODE AMSOM, MANASSERY DESOM.
3 SALEENA M.E.,
PANDIKASALA, THAZHAKODE AMSOM, KUTTIPPALAKKAL,
MUKKOM.
4 SHAJAN N.V.,
NEDUNKALEL, NEELESWARAM AMSOM, KALLURUTTY.
5 N.P. SHAMSUDEEN,
NEERKATTIPOYIL, CHENDAMANGALOOR P.O., MUKKOM,
MANASSERI AMSOM, CHENDAMANGALOOR DESOM.
6 VAZHAKKATT VELAYUDHAN,
VAZHAKKAD, THAZHAKODE AMSOM DESOM, P.O. MANASSERY,
MUKKOM.
RESPONDENTS:
1 STATE CO-OPERATIVE ELECTION COMMISSION,
THIRUVANANTHAPURAM 695001
2 ELECTORAL OFFICER,
MUKKOM SERVICE CO-OPERATIVE BANK LTD. NO.F 1241,
P.O. MUKKOM, KOZHIKODE DISTRICT - 673 602.
W.P.(C) Nos.35051, 35203,
35209, 35231, 35235, 35438
& 35494 of 2018 :-10-:
WP(C).No. 35235 of 2018
3 RETURNING OFFICER,
MUKKOM SERVICE CO-OPERATIVE BANK LTD.NO. F 1241,
P.O. MUKKOM, KOZHIKODE DISTRICT - 673 602.
4 MUKKOM SERVICE CO-OPERATIVE BANK LTD.NO. F 1241
P.O. MUKKOM, KOZHIKODE DISTRICT - 673 602.
REPRESENTED BY ITS SECRETARY.
ADDITIONAL R5 IMPLEADED
5 ADDL R5 - A.K UNNIKRISHNAN,
S/O. RAGHAVAN NAIR C, KANDAPPAN THODIYIL, MANASSERRY,
MUKKOM, KOZHIKODE - 673 602.
(ADDITIONAL R5 IMPLEADED AS PER ORDER DATED
02.11.2018 IN I.A.NO.1 OF 2018)
BY ADVS.
SRI.M.M.MONAYE
SRI.I.V.PRAMOD
SRI.B.NAMADEVA PRABHU
SRI.K.P.HARISH SR GP
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
08.11.2018, ALONG WITH WP(C).35051/2018, WP(C.35203/2018,
WP(C).35209/2018, WP(C)35231/2018, WP(C).35438/2018 AND
WP(C).35494/2018THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) Nos.35051, 35203,
35209, 35231, 35235, 35438
& 35494 of 2018 :-11-:
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN
THURSDAY ,THE 08TH DAY OF NOVEMBER 2018 / 17TH KARTHIKA, 1940
WP(C).No. 35438 of 2018
PETITIONER:
M.K.YASAR
AGED 33 YEARS
S/O IBRAHIM,,
MOOSARIKANDI HOUSE,
NEELISWARAM, VIA OMASSERY,
MUKKOM,
KOZHIKODE DISTRICT.
BY ADV. SRI.P.V.BABY
RESPONDENTS:
1 THE STATE CO-OPERATIVE ELECTION COMMISSION
THIRUVANANTHAPURAM, 3RD FLOOR,
CO- BANK TOWER,
PALAYAM, VIKAS BHAVAN P.O,
THIRUVANANTHAPURAM-695033,
REPRESENTED BY ITS SECRETARY.
2 THE ELECTROAL OFFICER
MUKKOM SERVICE CO-OPERATIVE BANK LTD NO.E.1241,
ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES (G),
KOZHIKODE, OFFICE OF THE ASSISTANT REGISTRAR OF CO-
OPERATIVE SOCIETIES(G), KOZHIKODE-673602.
3 THE RETURNING OFFICER
MUKKOM SERVICE CO-OPERATIVE BANK LTD.NO.E,1241,
KUNNAMANGALAM UNIT INSPECTOR, OFFICE OF THE ASSISTANT
REGISTRAR OF CO-OPERATIVE SOCIETIES(G), KOZHIKODE-
673602.
W.P.(C) Nos.35051, 35203,
35209, 35231, 35235, 35438
& 35494 of 2018 :-12-:
WP(C).No. 35438 of 2018
4 MUKKOM SERVICE CO-OPERATIVE BANK LTD NO.E.1241,
MANASSERY, MUKKOM, KOZHIKODE-673602. REPRESENTED BY
ITS SECRETARY.
5 K.T.BINU
S/O.SUGUNAN, KIZHAKKETHODIKAY HOUSE, P.O.KALLURUTHUY,
KOZHIKODE-673602.
6 SIVASANKARAN
S/O.NARAYANAN NAIR, VALAPPIL HOUSE, P.O.MANASSERY,
(VIA) MUKKOM, KOZHIKODE-673601.
SRI.K.P.HARISH, SR.GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
08.11.2018, ALONG WITH WP(C).35051/2018, WP(C.35203/2018,
WP(C).35209/2018, WP(C)35231/2018, WP(C).35235/2018 AND
WP(C).35494/2018, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
W.P.(C) Nos.35051, 35203,
35209, 35231, 35235, 35438
& 35494 of 2018 :-13-:
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN
THURSDAY ,THE 08TH DAY OF NOVEMBER 2018 / 17TH KARTHIKA, 1940
WP(C).No. 35494 of 2018
PETITIONERS:
1 PRADEEP THONNATH,
AGED 49 YEARS
S/O SIVARAMAN NAIR,
THONNATH HOUSE,
KALLURUTTY POST,
MUKKAM,
KOZHIKODE - 673582.
2 SIVASANKARAN VALAPPIL
AGED 58 YEARS
S/O NARAYANAN NAIR, VALAPPIL HOUSE, MANASSERY POST,
MUKKAM, KOZHIKODE-673602.
BY ADVS.
SRI.K.M.FIROZ
SMT.M.SHAJNA
RESPONDENTS:
1 THE REGISTRAR OF CO-OPERATIVE SOCIETIES,
OFFICE OF THE REGISTRAR OF CO- OPERATIVE SOCIETIES,
NEAR PRESS CLUB,
THIRUVANANTHAPURAM - 695101.
2 THE ELECTION COMMISSIONER OF CO-OPERATIVE SOCIETIES,
OFFICE OF THE REGISTRAR OF CO-OPERATIVE SOCIETIES,
NEAR PRESS CLUB, THIRUVANANTHAPURAM-695101.
3 THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES
(GENERAL),
KOZHIKODE, SAHAKARANA BHAVAN, PUTHIYARA, KOZHIKODE-
673004.
W.P.(C) Nos.35051, 35203,
35209, 35231, 35235, 35438
& 35494 of 2018 :-14-:
WP(C).No. 35494 of 2018
4 THE ELECTORAL OFFICER/THE ASSISTANT REGISTRAR OF CO-
OPERATIVE SOCIEITIES (GENERAL),
KOZHIKODE, SAHAKARANA BHAVAN, PUTHIYARA, KOZHIKODE-
673004.
5 THE RETURNING OFFICER/UNIT INSPECTOR,
KUNNAMANGALAM UNIT, OFFICE OF THE ASSISTANT REGISTRAR
OF CO-OPERATIVE SOCIETIES (GENERAL), KOZHIKODE,
SAHAKARANA BHAVAN, PUTHIYARA, KOZHIKODE-673004.
6 MUKKAM SERVICE CO-OPERATIVE BANK LTD.,
MUKKAM, KOZHIKODE-673602, REPRESENTED BY ITS
SECRETARY.
7 THE STATE OF KERALA,
REPRESENTED BY ITS SECRETARY, DEPARTMENT OF CO-
OPERATION, THIRUVANANTHAPURAM-695101.
BY ADV. SRI.I.V.PRAMOD
SRI.K.P.HARISH, SR.GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
08.11.2018, ALONG WITH WP(C).35051/2018, WP(C.35203/2018,
WP(C).35209/2018, WP(C)35231/2018, WP(C).35235/2018 AND
WP(C).35438/2018, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
W.P.(C) Nos.35051, 35203,
35209, 35231, 35235, 35438
& 35494 of 2018 :-15-:
JUDGMENT
The challenge made in this batch of writ petitions is against the rejection of the nominations submitted by the petitioners in the respective writ petitions in the election to the Managing Committee of Mukkom Service Co-operative Bank Ltd., in terms of an election notification dated 03.10.2018 issued by the State Co- operative Election Commission.
2. W.P.(C)No.35051 of 2018:- Petitioners 1 to 7 are members in the Managing Committee of the 4 th respondent Mukkom Service Co-operative Bank Ltd., which is a Society registered under the Kerala Co-operative Societies Act, 1969 and the 8th petitioner is a member of that Society. They have submitted their nomination in the election to the Managing Committee of the said Society scheduled to be held on 11.11.2018, in terms of Ext.P1 election notification dated 03.10.2018 issued by the 1st respondent State Co-operative Election Commission. The petitioners have filed this writ petition under Article 226 of the Constitution of India, seeking a writ of certiorari to quash Ext.P10 proceedings of the 3rd respondent W.P.(C) Nos.35051, 35203, 35209, 35231, 35235, 35438 & 35494 of 2018 :-16-:
Returning Officer, whereby their nominations stand rejected on the ground that they are disqualified under clause (c) of sub-rule (2) of Rule 29 of the Kerala Co-operative Societies Rules, 1969 (wrongly stated as Rule 29(c) in Ext.P10) and also clause (b) of sub-rule (2) of Rule 44 of the said Rules. The petitioners have also sought for a writ of mandamus commanding the 3 rd respondent Returning Officer to accept their nominations, so as to enable them to contest in the election scheduled to be held on 11.11.2018. By order dated 30.10.2018 in I.A. No.1 of 2018, certain members of the 4th respondent Society got themselves impleaded as additional respondents 5 to 7 in this writ petition. A counter affidavit has been filed on behalf of the 3 rd respondent Returning Officer opposing the reliefs sought for in this writ petition. The 4th respondent Society and also additional respondents 5 to 7 have filed counter affidavits.
3. W.P.(C)No.35203 of 2018:- The petitioners, who are members of the 4th respondent Society, have filed this writ petition seeking a writ of certiorari to quash Ext.P9 proceedings of the 3rd respondent Returning Officer, in so far as it relates to rejection of their nominations. The petitioners have also sought W.P.(C) Nos.35051, 35203, 35209, 35231, 35235, 35438 & 35494 of 2018 :-17-:
for a writ of mandamus commanding the 3 rd respondent Returning Officer to accept their nominations and allow them to contest in the election to the Managing Committee of the 4 th respondent Society, scheduled to be held on 11.11.2018. The 1 st petitioner is a member in the Managing Committee of the 4 th respondent Society. By Ext.P9 proceedings of the 3 rd respondent, the nominations submitted by the petitioners stand rejected on the ground that they are disqualified under clause (c) of sub-rule (2) of Rule 29 and also clause (b) of sub-rule (2) of Rule 44 of the Kerala Co-operative Societies Rules. A counter affidavit has been filed by the 3rd respondent Returning Officer, opposing the reliefs sought for in this writ petition. The 4 th respondent Society has also filed a counter affidavit.
4. W.P.(C)No.35209 of 2018:- The petitioners, who are members in the 1st respondent Society, have filed this writ petition, seeking a writ of certiorari to quash Ext.P11 proceedings of the 4th respondent Senior Inspector, who is the Returning Officer appointed in terms of Ext.P1 election notification dated 03.10.2018 issued by the State Co-operative Election Commission, to the extent the nominations submitted by the W.P.(C) Nos.35051, 35203, 35209, 35231, 35235, 35438 & 35494 of 2018 :-18-:
petitioners stand rejected on the ground that they are disqualified under clause (c) of sub-rule (2) of Rule 29 and also clause (b) of sub-rule (2) of Rule 44 of the Kerala Co-operative Societies Rules. The petitioners have also sought for a writ of mandamus commanding the respondents to accept their nominations and allow them to contest in the election to the Managing Committee of the 1st respondent Society, as notified as per Ext.P1. A counter affidavit has been filed by the 1st respondent Society.
5. W.P.(C)No.35231 of 2018:- The petitioner, who is a member in the Managing Committee of the 4 th respondent Society, has filed this writ petition seeking a writ of certiorari to quash Ext.P6 proceedings of the 3rd respondent Returning Officer, whereby his nomination in the election to the Managing Committee of the 4th respondent Society scheduled to be held on 11.11.2018, in terms of Ext.P1 election notification dated 03.10.2018 issued by the State Co-operative Election Commission stands rejected on the ground that he is disqualified under clause
(c) of sub-rule (2) of Rule 29 and also clause (b) of sub-rule (2) of Rule 44 of the Kerala Co-operative Societies Rules. The petitioner has also sought for a writ of mandamus commanding the 3 rd W.P.(C) Nos.35051, 35203, 35209, 35231, 35235, 35438 & 35494 of 2018 :-19-:
respondent Returning Officer to accept his nomination, thereby enabling him to contest in the election scheduled to be held on 11.11.2018 to the Managing Committee of the 4 th respondent Society.
6. W.P.(C)No.35235 of 2018:- The petitioners, who are members of the 4th respondent Society, have filed this writ petition seeking a writ of certiorari to quash Ext.P6 proceedings of the 3rd respondent Returning Officer to the extent their nominations in the election to the Managing Committee of the 4 th respondent Society stand rejected. The petitioners have also sought for a writ of mandamus commanding respondents 1 to 3 to allow them to contest in the election on the basis of their nominations submitted before the 3rd respondent Returning Officer. A counter affidavit has been filed by the 3 rd respondent Returning Officer, opposing the reliefs sough for in this writ petition.
7. W.P.(C)No.35438 of 2018:- The petitioner, who is a member in the elected committee of the 4 th respondent Society, has filed this writ petition seeking a writ of certiorari to quash Ext.P4 proceedings of the 3rd respondent Returning Officer, W.P.(C) Nos.35051, 35203, 35209, 35231, 35235, 35438 & 35494 of 2018 :-20-:
whereby his nomination in the election to the Managing Committee of the said Society scheduled to be held on 11.11.2018, in terms of Ext.P1 election notification issued by the State Co-operative Election Commission stands rejected on the ground that he is disqualified under clause (c) of sub-rule (1) of Rule 44 of the Kerala Co-operative Societies Rules. The petitioner has also sought for a writ of mandamus commanding the 3 rd respondent Returning Officer to accept his nomination and allow him to contest in the election scheduled to be held on 11.11.2018 to the Managing Committee the 4th respondent Society. A counter affidavit has been filed by the 4th respondent Society.
8. W.P.(C)No.35494 of 2018:- The petitioners, who are members of the 6th respondent Society, have filed this writ petition seeking a declaration that they are entitled to contest in the election to the Managing Committee of the said Society scheduled to be held on 11.11.2018, in terms of Ext.P2 election notification issued by the State Co-operative Election Commission.
The petitioners have also sought for other consequential reliefs. However, the petitioners have not chosen to produce and challenge the order of the Returning Officer, whereby their W.P.(C) Nos.35051, 35203, 35209, 35231, 35235, 35438 & 35494 of 2018 :-21-:
nominations stand rejected. A counter affidavit has been filed by the 6th respondent Society.
9. Heard the learned counsel for the petitioners in the respective writ petitions, the learned Senior Government Pleader appearing for the official respondents, the learned counsel for the Mukkom Service Co-operative Bank and also the learned counsel for the party respondents.
10. The issue that arises for consideration in this batch of writ petitions is as to whether any interference is warranted on the orders issued by the Returning Officer, which are impugned in the respective writ petitions (except W.P.(C) No.35949 of 2018), whereby the nominations of the petitioners in the election to the Managing Committee of the Society scheduled to be held on 11.11.2018 stand rejected.
11. The pleadings and materials on record would show that the rejection of the nominations of the petitioners, except the petitioners in W.P.(C)Nos.35438 and 35494 of 2018 are on the ground that their names and/or that of the proposer/seconder are not entered in the Admission Register maintained as per the stipulations of clause (c) of sub-rule (2) of Rule 29 of the Kerala W.P.(C) Nos.35051, 35203, 35209, 35231, 35235, 35438 & 35494 of 2018 :-22-:
Co-operative Societies Rules (for brevity, 'the Rules').
12. During the course of arguments, the learned counsel for the Society made available for the perusal of this Court the Admission Register of members with membership Nos.15264-
15568 and another Admission Register of members with membership Nos.18971-19450. The Form 6B register in respect of members with membership Nos.12355-15252 and also a final voters list published by the Electoral Officer are also made available for the perusal of this Court.
13. Rule 35A of the Rules deals with the procedure regarding conduct of election to the committee of Societies by the State Co-operative Election Commission. Sub-rule (4) of Rule 35A provides for preparation of a final voters list, after publishing a preliminary voters list and inviting objections. As per clause (a) of sub-rule (6) of Rule 35A, the nomination of the candidates for election shall be made in Form No.36 which shall be supplied by the Returning Officer to any member free of cost on application. As per Form No.36, the nomination submitted by a candidate should contain the name, postal address, membership number and other particulars of the candidate, the proposer and the W.P.(C) Nos.35051, 35203, 35209, 35231, 35235, 35438 & 35494 of 2018 :-23-:
seconder.
14. Clause (b) of sub-rule (6) of Rule 35A of the Rules provides that every nomination paper shall be signed by two members whose names are included in the voters list. Similarly, clause (d) of sub-rule (6) of Rule 35A provides that no member shall be nominated as a candidate for election to fill a seat in the committee, if he (i) is ineligible to vote in the election; (ii)does not possess the necessary qualifications, if any, specified in the bye-laws of the Society for election and as a member of the committee; or (iii) is disqualified to be a member under the provisions of the Act and Rules. Sub-clause (i) of clause (e) of sub-rule (6) of Rule 35A provides that, on the day following the date fixed for the receipt of nomination papers, the Returning Officer shall take up scrutiny of the nomination papers. The candidate or his proposer or his seconder may be present at the time of scrutiny of nomination papers. As per sub-clause (ii), the Returning Officer shall examine the nomination papers and shall consider objection which may be made by any person in respect of any nomination and may, either on such objection or on his own motion and after such summary enquiry, if any, as he thinks W.P.(C) Nos.35051, 35203, 35209, 35231, 35235, 35438 & 35494 of 2018 :-24-:
necessary, reject any nomination. The proviso to sub-clause (ii) of clause (e) provides that the nomination of a candidate shall not be rejected merely on the ground of an incorrect description of his name or of the name of his proposer or seconder or of any other particulars relating to the candidate or his proposer or seconder as entered in the list of members referred to in clause (b), if the identity of the candidate or proposer or seconder, as the case may be, is established beyond reasonable doubt. As per sub-clause (vi) of clause (e) of sub-rule (6), no member of the society shall be eligible for being elected or appointed as a member of the committee under section 28 of the Act if he is disqualified under Rule 44 and as per the bye-law of the society.
15. In the instant case, as borne out from the pleadings and materials on record, at the time of scrutiny of nominations, objections have been raised by one K.T.Binu, who got himself impleaded as the additional 5 th respondent in W.P.(C)No.35051 of 2018, who is one of the members of the Society. A copy of the said complaint is marked as Ext.R3(a) in the counter affidavit filed by the 3rd respondent Returning Officer, wherein he has pointed out that the names of some of the candidates who have W.P.(C) Nos.35051, 35203, 35209, 35231, 35235, 35438 & 35494 of 2018 :-25-:
submitted their nominations and/or their proposer or seconder are not included in the Admission Register to be maintained by the Society, as per the stipulations of clause (c) of sub-rule (2) of Rule 29 of the Rules.
16. Based on Ext.R3(a) objections, the petitioners in the respective writ petitions were issued with notice. A copy of the notice issued to the petitioners in W.P.(C)No.35051 of 2018 is placed on record as Ext.R3(b) series. On receipt of Ext.R3(b) series of notices, they submitted Ext.R3(c) series of reply, wherein it has been pointed out that since their names and that of their proposer and seconder are included in the final voters list published in terms of Ext.P1 notification, they cannot be denied their right to vote and contest in the election scheduled to be held on 11.11.2018, in terms of Ext.P1 notification issued by the State Co-operative Election Commission.
17. After considering the objections raised, the Returning Officer decided to reject the nominations of the petitioners and others, mainly on the ground that their names are not included in the Admission Register to be maintained by the Society, as per the stipulations of clause (c) of sub-rule (2) of Rule 29 of the W.P.(C) Nos.35051, 35203, 35209, 35231, 35235, 35438 & 35494 of 2018 :-26-:
Rules. The document marked as Ext.R3(d) along with the counter affidavit filed by the 3 rd respondent in W.P.(C)No.35051/2018 is a statement given by the Secretary of the Society before the Returning Officer, wherein he has stated that Admission Register as per the stipulations of clause (c) of sub-rule (2) of Rule 29 of the Rules has been maintained only in respect of the members upto 15564 and that, the register maintained thereafter, does not contain the signature of the respective members. However, the Admission Register of members from serial Nos.18971 to 19450 made available for the perusal of this Court, by the learned counsel for the Society, contains the signature of some of the members. On a query made by this Court, the learned counsel for the Society submitted that after the inquiry conducted by the Returning Officer, which culminated in the order of rejection of the nominations of the petitioners and others, some of the members, including the petitioners in these writ petitions have been permitted to cure the defect in the Admission Register by affixing their signatures and that process is going on.
18. Clause (c) of sub-rule (2) of Rule 29 of the Rules mandates that the Admission Register showing the name, address W.P.(C) Nos.35051, 35203, 35209, 35231, 35235, 35438 & 35494 of 2018 :-27-:
and signature or thumb impression of each member, the date of admission, the shares taken by them and the amount paid by them towards such shares and the amount of share capital, if any, refunded to them together with the date of each such payment and refund shall be maintained by the Society. The words "the name, address and signature or thumb impression of each member" in clause (c) of sub-rule (2) was substituted after omitting the words "the name and address of each member", by S.R.O.1317/90 published in Kerala Gazette Extra Ordinary No.914 dated 26.9.1990. Therefore, after the amendment made to clause
(c) of sub-rule (2) of Rule 29 by S.R.O.1317/90, it is mandatory that the Admission Register maintained by a society should contain not only the name and address but also the signature or thumb impression of each member.
19. The fact that, going by the bye-laws of the Society, the eligibility to exercise voting right in the election to the Managing Committee of the Society is confined to A-Class members, who have paid the requisite share value, inclusive of enhanced share value, is not in dispute. The Admission Register maintained by the Society is the basic document to show the shares held by the W.P.(C) Nos.35051, 35203, 35209, 35231, 35235, 35438 & 35494 of 2018 :-28-:
respective members. It also contains the signature or thumb impression of each member. Though, the photograph, signature or thumb impression of the members are available in Form 6B Register, maintained by the Society, the details regarding the shares taken by a member and the amount paid by him towards such shares, are mentioned only in the Admission Register. The Form 6B Register of members with membership Nos.12355 to 15252 made available for the perusal of this Court would show that the said register contains only the name and address of the member, his father's name, date of birth of the member, date of admission, photograph, thumb impression of the member and also the date of issue of identity card.
20. As already noticed, clause (d) of sub-rule (6) of Rule 35A of the Rules mandates that no member shall be nominated as a candidate for election to fill a seat in the committee, if he is ineligible to vote in the election; or does not possess the necessary qualifications, if any, specified in the bye-laws of the Society for election and as a member of the committee; or is disqualified to be a member under the provisions of the Act and Rules. Therefore, when an objection is raised at the time of W.P.(C) Nos.35051, 35203, 35209, 35231, 35235, 35438 & 35494 of 2018 :-29-:
scrutiny of nomination that has to be decided with reference to the Admission Register maintained by the Society as per the stipulations of clause (c) of sub-rule (2) of Rule 29 of the Rules. The fact that Admission Register only upto membership No.15564 is maintained by the Society as per the stipulations of clause (c) of sub-rule (2) of Rule 29 of the Rules is not in dispute. Merely for the reason that in the previous election conducted to the Managing Committee of the Society in the year 2013, persons from such Admission Registers were permitted to either to contest in the election or to propose or second a candidate, it cannot be contended that such persons should be permitted to contest as a candidate or propose or second a candidate in the election conducted in terms of election notification dated 03.10.2018, especially when a member of the Society has raised an objection at the time of scrutiny of nominations. The orders issued by the Returning Officer would show that the rejection of the nominations of the petitioners in the respective writ petitions are for the reason that their names are not included in the Admission Register to be maintained by the Society as per the stipulations of clause (c) of sub-rule (2) of Rule 29. In such circumstances, W.P.(C) Nos.35051, 35203, 35209, 35231, 35235, 35438 & 35494 of 2018 :-30-:
though clause (b) of sub-rule (2) of Rule 44 is not attracted, it will not entitle the petitioners to seek interference in the process of election under Article 226 of the Constitution of India, especially when the statement made by the Secretary of the Society before the Returning Officer (Ext.R3(d) in W.P.(C)No. 33501 of 2018) is to the effect that Admission Register as per the stipulations of clause (c) of sub-rule (2) of Rule 29 of the Rules has been maintained only in respect of members upto 15564 and that, the register maintained thereafter does not contain the signature of the respective members.
21. Moreover, the individual orders issued by the Returning Officer, under sub-clause (iv) of clause (e) of sub-rule (6) of Rule 35A of the Rules, whereby the nominations of the petitioners in the respective writ petitions stand rejected, recording in writing a brief statement of his reasons for such rejection, are not under challenge in these writ petitions seeking appropriate reliefs. The copy of such individual orders issued by the Returning Officer are placed on record in some of the writ petitions, along with the counter affidavit filed by the Returning Officer, which contains endorsement stated to have been made by the respective W.P.(C) Nos.35051, 35203, 35209, 35231, 35235, 35438 & 35494 of 2018 :-31-:
candidates regarding receipt of a copy of such order. The writ petitioners in W.P.(C)No.35051 of 2018 have filed a reply affidavit contending that the Returning Officer has forged their signature in such orders produced as Ext.R3(e) series and that, they reserve their right to seek appropriate remedies as provided by law. A reading of the aforesaid orders would show that, the nominations of the petitioners in the respective writ petitions have been rejected for the reasons that name of either the candidate and/or the proposer or seconder are not included in any Admission Register maintained by the Society as per the stipulations of clause (c) of sub-rule (2) of Rule 29 of the Rules.
22. In Surinder Singh v. Central Government [(1986) 4 SCC 667], in the context of Article 226 of the Constitution of India, the Apex Court held that, in the absence of the order under challenge, the High Court could not quash the same. Normally, whenever an order of the Government or some authority is impugned before the High Court under Article 226 of the Constitution, the copy of the order must be produced before it. In the absence of the impugned order it would not be possible to ascertain the reasons which might have impelled the authority to W.P.(C) Nos.35051, 35203, 35209, 35231, 35235, 35438 & 35494 of 2018 :-32-:
pass the order. It is therefore improper to quash an order which is not produced before the High Court in a proceeding under Article 226 of the Constitution.
23. In A. X. Varghese v. Union of India [1991 (1) KLT 635], in the context of Article 226 of the Constitution of India, a learned Judge of this Court held that a copy of the order under challenge has to be produced along with the original petition.
24. Though as per Ext.P4 proceedings of the 3rd respondent Returning Officer produced along with W.P.(C)No.35438 of 2018 the nomination of the petitioner, who is a member in the elected committee of the 4th respondent Society stands rejected on the ground that he is disqualified under clause (c) of sub-rule (1) of Rule 44 of the Kerala Co-operative Societies Rules, Ext.P3 show cause notice issued by the 3 rd respondent would show that name of the petitioner with membership No.16606 is included in the Admission Register not maintained as per the stipulations of clause (c) of sub-rule (2) of Rule 29 of the Rules. Moreover, Ext.P8 receipt dated 24.10.2018 produced by the petitioner, which does not contain the time of remittance cannot be relied on, when the time limit prescribed in Ext.P1 election notification dated W.P.(C) Nos.35051, 35203, 35209, 35231, 35235, 35438 & 35494 of 2018 :-33-:
03.10.2018 for submission of nominations was till 1.00 pm on 24.10.2018. Further, no documents are forthcoming either from the petitioner or the 4th respondent Society that the remittance of Rs.30,580/- made on 24.10.2018 was towards return of certain advance received from the Society in his capacity as a member in the Managing Committee.
25. In W.P.(C)No.35494 of 2018, the petitioners have not chosen to produce any proceedings or orders of the 5 th respondent Returning Officer, whereby their nominations stand rejected. The receipts produced as Ext.P1 series would show that the 2 nd petitioner made remittance of Rs.6,111,578/- on 25.10.2018 at 10:24:46 am and a further sum of Rs.4,534/- was remitted on 25.10.2018. When the time limit prescribed in Ext.P1 election notification dated 03.10.2018 for submission of nominations was till 1.00 pm on 24.10.2018, such remittance made by the 2 nd petitioner will not in any manner support the contention of the 2 nd petitioner that the rejection of his nomination is illegal. As far as the 1st petitioner is concerned, the counter affidavit filed by the 6 th respondent Society would show that he is a defaulter in a gold loan availed on 21.02.2014.
W.P.(C) Nos.35051, 35203, 35209, 35231, 35235, 35438 & 35494 of 2018 :-34-:
26. If the petitioners in the respective writ petitions are having any dispute in connection with the election to the Managing Committee of the Society, scheduled to be held on 11.11.2018 in terms of election notification dated 3.10.2018 issued by the State Co-operative Election Commission, such dispute can be raised before the Co-operative Arbitration Court constituted under Section 70A of the Act, by invoking the statutory remedy available under Section 69 of that Act, within one month from the date of election. Clause (c) of sub-section (2) of Section 69 of the Act provides that, any dispute arising in connection with the election, the Board of Management or any Officer of the Society shall also be deemed to be a dispute for the purpose of sub-section (1) of Section 69 of the Act. Going by the Explanation to clause (c) of sub-section (2) of Section 69, a dispute arising at any stage of an election commencing from the convening of the general body meeting for the election shall be deemed to be a dispute arising in connection with the election.
Rule 35A of the Rules deals with the procedure regarding conduct of election to the committee of Societies by the State Co- operative Election Commission. Rule 35A(6)(e)(ii) deals with W.P.(C) Nos.35051, 35203, 35209, 35231, 35235, 35438 & 35494 of 2018 :-35-:
rejection of nomination paper. If that be so, any dispute in relation to rejection of nomination paper by the Electoral Officer, in exercise of his powers under under sub-rule (6) of Rule 35A of the Rules, is a dispute arising in connection with that election, which can be raised before the Cooperative Arbitration Court constituted under Section 70A of the Act, by invoking the statutory remedy available under Section 69 of that Act, within one month from the date of election.
27. In Shri Sant Sadguru Janardan Swami (Moingiri Maharaj) Sahakari Dugdha Utpadak Sanstha, and another v. State of Maharashtra [(2001) 8 SCC 509], in the context of Maharashtra Co-operative Societies Act, 1960 and Maharashtra Specified Co-operative Societies Elections to Committees Rules, 1971, the Apex Court held that, the preparation of provisional list of voters, filing of objection against the provisional list of voters, consideration of the objection by the Collector and finalising the list of voters, all occur in the Rules which cover the entire process of election. The Rules framed for election of specified Societies are complete code in itself, providing for the entire process of election beginning from the stage of preparation of the provisional voters' W.P.(C) Nos.35051, 35203, 35209, 35231, 35235, 35438 & 35494 of 2018 :-36-:
list, decision on the objection by the Collector, finalisation of electoral rolls, holding of election and declaration of the result of election.
28. In Shaji K. Joseph v. V. Viswanath [(2016) 4 SCC WPC 34260 OF 2018 7 429], in the context of the Dental Council (Election) Regulations, 1952 the Apex Court held that, whenever the process of election starts, normally courts should not interfere with the process of election for the simple reason that, if the process of election is interfered with by the courts, possibly no election would be completed without court's order.
Very often, for frivolous reasons, candidates or others approach the courts and by virtue of interim orders passed by the courts, the election is delayed or cancelled, in such a case the basic purpose of having election and getting an elected body to run the administration is frustrated. Therefore, all disputes with regard to election should be dealt with only after completion of the election.
29. In Jayavarma K. v. State Co-operative Election Commission and others [2017 (2) KHC 190] a Division Bench of this Court held that, a writ petition can be entertained on well settled parameters in order to correct or smoothen the progress W.P.(C) Nos.35051, 35203, 35209, 35231, 35235, 35438 & 35494 of 2018 :-37-:
of the election. The instance of rejection of the nomination on totally untenable grounds is an example which could be rectified without upsetting the election calendar. The Division Bench held further that, a writ court should act with circumspection as the inevitable consequence of not holding an election in time is the advent of an Administrator. The appointment of an Administrator, in lieu of an elected Managing Committee, should be the last resort in a democratic process. The salutary principles laid down by the Apex Court in Election Commission of India v. Ashok Kumar [(2000) 8 SCC 216] should apply fortiori when an alternate remedy well exists under the Kerala Co-operative Societies Act, 1969 to question the process of election to a Society registered.
30. Part IXB of the Constitution of India, inserted by the Constitution (97th Amendment) Act, 2011 deals with Cooperative Societies. Article 243ZK inserted by the said Amendment Act deals with election of members of board of Cooperative Societies. As per clause (2) of Article 243ZK, the superintendence, direction and control of the preparation of electoral rolls for, and the conduct of, all elections to a Co-operative society shall vest in W.P.(C) Nos.35051, 35203, 35209, 35231, 35235, 35438 & 35494 of 2018 :-38-:
such an authority or body, as may be provided by the Legislature of a State, by law. As per the proviso to clause (2) of Article 243ZK, the Legislature of a State may, by law, provide for the procedure and guidelines for the conduct of such elections.
31. In Reji Thomas v. State of Kerala [2018 (2) KHC 842] a Three-Judge Bench of the Apex Court held that, Section 69 of the Kerala Co-operative Societies Act, 1969 is the mechanism provided by the State Legislature as contemplated under clause (2) of Article 243ZK of the Constitution of India. After referring to the provisions under sub-section (3) of Section 69 of the said Act, which provides that no dispute arising in connection with the election of the Board of Management or an officer of the society shall be entertained by the Cooperative Arbitration Court unless it is referred to it within one month from the date of the election, the Apex Court held that, once the mechanism provided under the Statute provides for a time schedule for preferring an election petition, in the absence of a provision in the Statute for enlarging the time under any given circumstances, no Court, whether the High Court under Article 226 or the Apex Court under Article 32, Article 136 or Article 142 W.P.(C) Nos.35051, 35203, 35209, 35231, 35235, 35438 & 35494 of 2018 :-39-:
of the Constitution can extend the period in election matters.
32. Viewed in the light of the law laid down in the decisions referred to supra, conclusion is irresistible that if the petitioners in the respective writ petitions are having any dispute in relation to rejection of their nominations in the election to the Managing Committee of the Society scheduled to be held on 11.11.2018 in terms of the election notification dated 03.10.2018 issued by the State Co-operative Election Commission, they will have to raise such dispute before the Co-operative Arbitration Court by invoking the statutory remedy available under Section 69 of the Act, within a period of one month from the date of election and as such, they cannot approach this Court seeking interference under Article 226 of the Constitution of India.
33. In the result, these writ petitions are dismissed, without prejudice to the right of the petitioners in the respective writ petitions to raise any dispute arising in connection with the election to the Managing Committee of Society, conducted in terms of the election notification dated 03.10.2018 issued by the State Co-operative Election Commission, by invoking the statutory remedy available under Section 69 of the Act, within a period of W.P.(C) Nos.35051, 35203, 35209, 35231, 35235, 35438 & 35494 of 2018 :-40-:
one month from the date of election.
It is made clear that the observations, if any, made in this judgment, touching the merits of the factual contentions, are made for the limited purpose of disposal of these writ petitions and the Co-operative Arbitration Court shall proceed with any dispute raised by the petitioners in the respective writ petitions under Section 69 of the Act, in connection with the election to the Managing Committee of Society, untrammelled by any such observations.
Sd/-
ANIL K. NARENDRAN JUDGE bpr/ami W.P.(C) Nos.35051, 35203, 35209, 35231, 35235, 35438 & 35494 of 2018 :-41-:
APPENDIX OF WP(C) 35051/2018 PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE PHOTOCOPY OF THE NOTIFICATION PUBLISHED BY THE FIRST RESPONDENT DATED 3.10.2018 EXHIBIT P2 TRUE PHOTOCOPY OF THE NOTICE PUBLISHED BY THE SECOND RESPONDENT DATED 17.10.2018 WITH LAST 2 PAGED FINAL VOTERS LIST EXHIBIT P3 TRUE PHOTOCOPY OF THE PRELIMINARY CANDIDATES LIST PUBLISHED BY THE THIRD RESPONDENT DATED 24.10.2018 EXHIBIT P4 TRUE PHOTOCOPY OF THE LIST OF PRESENT MANAGING COMMITTEE MEMBERS OF THE FOURTH RESPONDENT EXHIBIT P5 TRUE PHOTOCOPY OF THE FINAL CANDIDATES LIST PUBLISHED BY THIRD RESPONDENT DATED 25.10.2018 EXHIBIT P6 TRUE PHOTOCOPY OF THE NOTICE ISSUED BY THIRD RESPONDENT TO THE FIRST PETITIONER DATED 25.10.2018 EXHIBIT P7 TRUE PHOTOCOPY OF THE REPLY FILED BY THE FIRST PETITIONER TO THE THIRD RESPONDENT DATED 25.10.2018 EXHIBIT P8 TRUE PHOTOCOPY OF THE REPRESENTATION FILED BY THE PETITIONERS AND OTHERS BEFORE THE FIRST RESPONDENT DATED 25.10.2018 EXHIBIT P9 TRUE PHOTOCOPY OF THE LETTER ISSUED BY THE PETITIONER TO THE SECOND RESPONDENT DATED NIL EXHIBIT P10 TRUE PHOTOCOPY OF THE PROCEEDING ISSUED BY THIRD RESPONDENT STATING THE REASONS FOR REJECTION OF NOMINATIONS DATED NIL W.P.(C) Nos.35051, 35203, 35209, 35231, 35235, 35438 & 35494 of 2018 :-42-:
WP(C)No.35051/2018
EXHIBIT P11 TRUE PHOTOCOPY OF THE REPRESENTATION SUBMITTED TO THE THIRD RESPONDENT DATED 25.10.2018 EXHIBIT P12 TRUE PHOTOCOPY OF THE RELEVANT PORTION OF THE FINAL VOTERS LIST SHOWING THE NAMES OF THE PETITIONERS' PAGES RESPONDENTS' EXTS.:
EXHIBIT R3(a) TRUE COPY OF THE COMPLAINT RECEIVED FROM MEMBER NO.12695, Mr.K.T.BINU EXHIBIT R3(b) TRUE COPY OF THE NOTICE ISSUED BY THE 3RD RESPONDENT STATING TO APPEAR BEFORE THIS RESPONDENT AT 3.30 P.M. TO HEAR THEM PERSONALLY EXHIBIT R3(c) TRUE COPY OF THE REPLY DATED 25.10.2018. EXHIBIT R3(d) TRUE COPY OF THE DEPOSITION OF BANK SECRETARY.
EXHIBIT R3(e) TRUE COPY OF THE PROCEEDINGS ISSUED BY THE 3RD RESPONDENT TO THE PETITIONERS. EXHIBIT R5(a) TRUE COPY OF THE ORDER DATED 25.10.2018 ISSUED BY 3RD RESPONDENT.
EXHIBIT R5(b) TRUE COPY OF THE PROCEEDINGS OF THE REJECTION OF NOMINATIONS EXHIBIT R5(c) TRUE COPY OF THE PROCEEDINGS OF THE REJECTION OF NOMINATIONS EXHIBIT R5(d) TRUE COPY OF THE PROCEEDINGS OF THE REJECTION OF NOMINATIONS W.P.(C) Nos.35051, 35203, 35209, 35231, 35235, 35438 & 35494 of 2018 :-43-:
WP(C)No.35051/2018 EXHIBIT R5(e) TRUE COPY OF THE PROCEEDINGS OF THE REJECTION OF NOMINATIONS EXHIBIT R5(f) TRUE COPY OF THE PROCEEDINGS OF THE REJECTION OF NOMINATIONS EXHIBIT R5(g) TRUE COPY OF THE PROCEEDINGS OF THE REJECTION OF NOMINATIONS W.P.(C) Nos.35051, 35203, 35209, 35231, 35235, 35438 & 35494 of 2018 :-44-:
APPENDIX OF WP(C) 35203/2018 PETITIONER'S/S EXHIBITS:
EXHIBIT P1 A TRUE COPY OF THE ELECTION NOTIFICATION DATED 3/10.2018 ISSUED BY THE 1ST RESPONDENT.
EXHIBIT P2 A TRUE COPY OF THE LIST OF MEMBERS SUBMITTED NOMINATIONS PUBLISHED BY THE 3RD RESPONDENT DATED 24.10.2018 EXHIBIT P3 A TRUE COPY OF THE SHOW CAUSE NOTICE DATED 25.10.2018 ISSUED BY THE 3RD RESPONDENT TO THE 1ST PETITIONER.
EXHIBIT P4 A TRUE COPY OF THE EXPLANATION DATED 25.10.2018 SUBMITTED BY THE 1ST PETITIONER BEFORE THE 3RD RESPONDENT.
EXHIBIT P5 A TRUE COPY OF THE EXPLANATION DATED 25.10.2018 SUBMITTED BY THE 2ND PETITIONER BEFORE THE 3RD RESPONDENT.
EXHIBIT P6 A TRUE COPY OF THE EXPLANATION DATED 25.10.2018 SUBMITTED BY THE 3RD PETITIONER BEFORE THE 3RD RESPONDENT.
EXHIBIT P7 A TRUE COPY OF THE EXPLANATION DATED 25.10.2018 SUBMITTED BY THE 4TH PETITIONER BEFORE THE 3RD RESPONDENT.
EXHIBIT P8 A TRUE COPY OF THE EXPLANATION DATED 25.10.2018 SUBMITTED BY THE 5TH PETITIONER BEFORE THE 3RD RESPONDENT.
EXHIBIT P9 A TRUE COPY OF THE LIST OF CANDIDATES WHOSE NOMINATIONS WERE REJECTED PUBLISHED BY THE 3RD RESPONDENT ON 25.10.2018 EXHIBIT P10 A TRUE COPY OF THE FINAL LIST OF CANDIDATES PUBLISHED AFTER SCRUTINY BY THE 3RD RESPONDENT ON 25.10.2018 W.P.(C) Nos.35051, 35203, 35209, 35231, 35235, 35438 & 35494 of 2018 :-45-:
WP(C)No.35203/2018
EXHIBIT P11 A TRUE COPY OF THE REPRESENTATION DATED 25.10.2018 BY SOME OF THE CANDIDATES WHOSE NOMINATIONS WERE REJECTED TO THE 1ST RESPONDENT ALONG WITH COPY TO THE 2ND RESPONDENT.
RESPONDENTS' EXHIBITS :
EXHIBIT R3(a) : TRUE COPY OF THE COMPLAINT RECEIVED FROM MEMBER No.12695, MR.K.T.BINU.
EXHIBIT R3(b) :TRUE COPY OF THE PROCEEDINGS ISSUED BY THE 3RD RESPONDENT TO THE PETITIONERS DATED 25.10.2018.
EXHIBIT R3(c) : A TRUE COPY OF THE NOTICE ISSUED BY THE 3RD RESPONDENT STATING TO APPEAR BEFORE THIS RESPONDENT AT 3.30 P.M. TO HEAR THEM PERSONALLY.
EXHIBIT R3(d) : TRUE COPY OF THE DEPOSITION OF BANK SECRETARY. EXHIBIT R3(e) : A TRUE COPY OF THE REPLY DATED 25.10.2018.
W.P.(C) Nos.35051, 35203,
35209, 35231, 35235, 35438
& 35494 of 2018 :-46-:
APPENDIX OF WP(C) 35209/2018
PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE COPY OF NOTIFICATION DATED 3.10.2018
PUBLISHED BY THE 2ND RESPONDENT.
EXHIBIT P2 TRUE COPY OF MEMBER IDENTIFY CARD ISSUED TO
THE 1ST PETITIONER.
EXHIBIT P3 TRUE COPY OF MEMBER IDENTIFY CARD ISSUED TO
THE 2ND PETITIONER.
EXHIBIT P4 TRUE COPY OF MEMBER IDENTIFY CARD ISSUED TO
THE 3RD PETITIONER.
EXHIBIT P5 TRUE COPY OF MEMBER IDENTIFY CARD ISSUED TO
SMT.MAIMOONA.
EXHIBIT P6 TRUE COPY OF MEMBER IDENTIFY CARD ISSUED TO
SMT.SUBAIDA.
EXHIBIT P7 TRUE COPY OF MEMBER IDENTIFY CARD ISSUED TO
SMT.SAKEENA.
EXHIBIT P8 TRUE COPY OF MEMBER IDENTIFY CARD ISSUED TO
SMT.SAFIYA.
EXHIBIT P9 TRUE COPY OF NOTICE DATED 25.10.2018 SERVED
ON THE 3RD PETITIONER.
EXHIBIT P10 TRUE COPY OF REPLY DATED 25.10.2018
SUBMITTED BY THE 3RD PETITIONER.
EXHIBIT P11 TRUE COPY OF LIST PUBLISHED BY THE 4TH
RESPONDENT ON 25.10.2018.
RESPONDENTS' EXTS: NIL
W.P.(C) Nos.35051, 35203,
35209, 35231, 35235, 35438
& 35494 of 2018 :-47-:
APPENDIX OF WP(C) 35231/2018
PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE PHOTOCOPY OF THE NOTIFICATION PUBLISHED
BY THE FIRST RESPONDENT DATED 3.10.2018 EXHIBIT P2 TRUE PHOTOCOPY OF THE NOTICE PUBLISHED BY THE SECOND RESPONDENT DATED 17.10.2018 WITH LAST 2 PAGES OF FINAL VOTERS LIST.
EXHIBIT P3 TRUE PHOTOCOPY OF THE PRELIMINARY VOTERS LIST PUBLISHED BY THE THIRD RESPONDENT DATED 24.10.2018 EXHIBIT P4 TRUE PHOTOCOPY OF THE FINAL VOTERS LIST PUBLISHED BY THIRD RESPONDENT DATED 25.10.2018 EXHIBIT P5 TRUE PHOTOCOPY OF THE NOTICE ISSUED BY THIRD RESPONDENT TO THE FIRST PETITIONER DATED 25.10.2018 EXHIBIT P6 TRUE PHOTOCOPY OF THE PROCEEDING ISSUED BY THIRD RESPONDENT STATING THE REASON FOR REJECTION OF NOMINATIONS DATED NIL.
EXHIBIT P7 TRUE PHOTOCOPY OF THE RELEVANT PORTION OF THE FINAL VOTERS LIST SHOWING THE NAMES OF THE PETITIONERS PAGES.
RESPONDENTS' EXHIBITS:NIL W.P.(C) Nos.35051, 35203, 35209, 35231, 35235, 35438 & 35494 of 2018 :-48-:
APPENDIX OF WP(C) 35235/2018 PETITIONERS' EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE IDENTITY CARD ISSUED BY THE 4TH RESPONDENT BANK TO THE PETITIONERS. EXHIBIT P2 TRUE COPY OF THE ELECTION NOTIFICATION DATED 03-10-2018.
EXHIBIT P3 TRUE COPY OF THE NOTICE DATED 17-10-2018 REGARDINGTHE PUBLICATION OF THE FINAL VOTERS LIST.
EXHIBIT P4 THE RELEVANT PORTION OF THE FINAL VOTERS LIST SHOWING THE PETITIONERS NAMES.
EXHIBIT P5 TRUE COPY OF THE NOTICE ISSUED TO THE 5TH PETITIONER BY THE 3RD RESPONDENT AND THE EXPLANATION SUBMITTED BY HIM.
EXHIBIT P6 TRUE COPY OF THE DECISION REJECTING THE PETITIONERS NOMINATION BY THE RESPONDENT. RESPONDENTS' EXHIBITS:
EXHIBIT R3(a) TRUE COPY OF THE COMPLAINT RECEIVED FROM MEMBER No.12695, MR.K.T.BINU.
EXHIBIT R3(b) TRUE COPY OF THE PROCEEDINGS ISSUED BY THE 3RD RESPONDENT TO THE PETITIONERS DATED 25.10.2018.
EXHIBIT R3(c) A TRUE COPY OF THE NOTICE ISSUED BY THE 3RD RESPONDENT STATING TO APPEAR BEFORE THIS RESPONDENT AT 3.30 P.M. TO HEAR THEM PERSONALLY.
EXHIBIT R3(d) TRUE COPY OF THE DEPOSITION OF BANK SECRETARY.
EXHIBIT R3(e) A TRUE COPY OF THE REPLY DATED 25.10.2018.
W.P.(C) Nos.35051, 35203, 35209, 35231, 35235, 35438 & 35494 of 2018 :-49-:
APPENDIX OF WP(C) 35438/2018 PETITIONER'S/S EXHIBITS:
EXHIBIT P1 A TRUE COPY OF THE ELECTION NOTIFICATION DATED 03/10/2018 ISSUED BY THE 1ST RESPONDENT.
EXHIBIT P2 A TRUE COPY OF THE LIST OF MEMBERS SUBMITTED NOMINATIONS PUBLISHED BY THE 3RD RESPONDENT DATED 24/10/2018.
EXHIBIT P3 A TRUE COPY OF THE SHOW CAUSE NOTICE DATED 25/10/2018 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER.
EXHIBIT P4 A TRUE PHOTOSTAT COPY OF THE LIST NOMINATION REJECTED BY THE 3RD RESPONDENT DATED 25/10/2018.
EXHIBIT P5 A TRUE COPY OF THE RECEIPT DATED 24/10/2018 ISSUED BY THE BANK EXHIBIT P6 A TRUE COPY OF THE REPRESENTATION DATED 27/10/2018 SUBMITTED BY THE PETITIONER TO THE ELECTORAL OFFICER/RETURNING OFFICER. EXHIBIT P7 A TRUE COPY OF THE OBJECTION DATED 25/10/2018 SUBMITTED BY THE PETITIONER TO THE 3RD RESPONDENT.
W.P.(C) Nos.35051, 35203, 35209, 35231, 35235, 35438 & 35494 of 2018 :-50-:
APPENDIX OF WP(C) 35494/2018 PETITIONERS' EXHIBITS:
EXHIBIT P1 TRUE COPY OF RECEIPTS DATED 25.10.2018 ISSUED BY THE 6TH RESPONDENT BANK EXHIBIT P2 TRUE COPY OF ORDER/NOTIFICATION NO.E(2)6915/2018/SCEC DATED 3.10.2018 ISSUED BY THE SECOND RESPONDENT EXHIBIT P3 TRUE COPY OF ELECTION SCHEDULE NO.E(2)6915/2018/SCEC DATED 3.10.2018 ISSUED BY THE SECOND RESPONDENT EXHIBIT P4 TRUE COPY OF REPRESENTATION DATED 27.10.2018 PREFERRED BY FIRST PETITIONER BEFORE 4TH RESPONDENT EXHIBIT P5 TRUE COPY OF REPRESENTATION DATED 27.10.2018 PREFERRED BY SECOND PETITIONER BEFORE 4TH RESPONDENT