Kerala High Court
T.P.Moideenkutty vs Chenakkalangadi Milk Producers ... on 9 February, 2017
Author: Shaji P. Chaly
Bench: Shaji P.Chaly
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
MONDAY,THE 9TH DAY OF OCTOBER 2017/17TH ASWINA, 1939
WP(C).No. 31952 of 2017 (T)
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PETITIONER(S):
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1. T.P.MOIDEENKUTTY,
S/O.IMBICHIKKOYA, PADACHATTIL HOUSE,
CHENAKKALANGADI P.O., THENHIPPALAM,
MALAPPURAM-673636.
2. INDIRA T.V.,
D/O.RAMAN NAIR, THEYYATHARA VEEDU,
CHENAKKALANGADI P.O., THENHIPPALAM,
MALAPPURAM-673636.
3. NECHIKKATTIL SIVADASAN,
S/O.VELAYUDHAN, MENOLI HOUSE,
CHENAKKALANGADI P.O., THENHIPPALAM,
MALAPPURAM-673636.
4. KALI K.,
D/O.RAMAN, KOLATHALA HOUSE,
CHENAKKALANGADI P.O., THENHIPPALAM,
MALAPPURAM-673636.
BY ADV. SRI.E.NARAYANAN
RESPONDENT(S):
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1. CHENAKKALANGADI MILK PRODUCERS CO-OPERATIVE SOCIETY
LIMITED NO.M204,
CHENAKKALANGADI P.O., THENHIPPALAM,
MALAPPURAM-673636.
2. C.VIJAYAKUMAR,
KERALA STATE CO-OPERATIVE ELECTION COMMISSIONER,
3RD FLOOR, CO-BANK TOWERS, VIKAS BHAVAN P.O.,
THIRUVANANTHAPURAM, PIN-695033.
3. THE DAIRY EXTENSION OFFICER, (ELECTORAL OFFICER),
DAIRY EXTENSION SERVICE UNIT,
BLOCK OFFICE BUILDING, CHEMMAD P.O.,
THIRURANGADI, MALAPPURAM DISTRICT,
PIN-676305.
WP(C).No. 31952 of 2017 (T)
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4. THE DAIRY FARM INSTRUCTOR (RETURNING OFFICER),
DAIRY EXTENSION SERVICE UNIT,
BLOCK OFFICE BUILDING, CHEMMAD P.O.,
THIRURANGADI, MALAPPURAM DISTRICT,
PIN-676305.
5. THE SUB INSPECTOR OF POLICE,
THE THENHIPALAM POLICE STATION,
THENHIPALAM P.O., PIN-673636.
6. MANAMUTTATHU PADINHARE PURAKKAL JANARDHANAN,
MANAMUTTATH HOUSE, CHENAKKALANGADI P.O.,
THENHIPPALAM, MALAPPURAM-673636.
7. MUGHILA,
D/O.CHOOLAN, ARUMAYI CHAMMALIL HOUSE,
CHENAKKALANGADI P.O., THENHIPPALAM,
MALAPPURAM-673636.
R6 BY ADV. SRI.P.C.SASIDHARAN
BY SR.GOVERNMENT PLEADER SMT.C.S.SHEEJA
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
09-10-2017, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C).No. 31952 of 2017 (T)
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APPENDIX
PETITIONER(S)' EXHIBITS
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EXHIBIT P1 THE TRUE COPY OF APPLICATION FOR MEMBERSHIP SUBMITTED BY
THE 1ST PETITIONER BEFORE THE 1ST RESPONDENT.
EXHIBIT P2 THE TRUE COPY OF APPLICATION FOR MEMBERSHIP SUBMITTED BY
THE 2ND PETITIONER BEFORE THE 1ST RESPONDENT
EXHIBIT P3 THE TRUE COPY OF APPLICATION FOR MEMBERSHIP SUBMITTED BY
THE 3RD PETITIONER BEFORE THE 1ST RESPONDENT.
EXHIBIT P4 TRUE COPY OF APPLICATION FOR MEMBERSHIP SUBMITTED BY THE
4TH PETITIONER BEFORE THE 1ST RESPONDENT.
EXHIBIT P5 TRUE COPY OF RELEVANT PORTION OF W.P.(C) NO.4345/2017 ON THE
FILE OF THIS HON'BLE COURT.
EXHIBIT P6 TRUE COPY OF INTERIM ORDER DATED 9.2.2017 OF THIS HON'BLE
COURT IN W.P.(C) NO.4345/2017.
EXHIBIT P7 TRUE COPY OF ORDER DATED 14.8.2017 PASSED BY THE DEPUTY
DIRECTOR OF DAIRY DEVELOPMENT.
EXHIBIT P8 TRUE COPY OF ELECTION NOTIFICATION DATED 24.8.2017 OF THE 4TH
PETITIONER SOCIETY.
EXHIBIT P9 TRUE COPY OF RECEIPT SHOWING REMITTANCE OF AMOUNT
TOWARDS MEMBERSHIP FEE BY THE 1ST PETITIONER.
EXHIBIT P10 TRUE COPY OF RECEIPT SHOWING REMITTANCE OF AMOUNT
TOWARDS MEMBERSHIP FEE BY THE 2ND PETITIONER.
EXHIBIT P11 TRUE COPY OF RECEIPT SHOWING REMITTANCE OF AMOUNT
TOWARDS MEMBERSHIP FEE BY THE 3RD PETITIONER.
EXHIBIT P12 TRUE COPY OF RECEIPT SHOWING REMITTANCE OF AMOUNT
TOWARDS MEMBERSHIP FEE BY THE 4TH PETITIONER.
EXHIBIT P13 TRUE COPY OF VOTERS LIST PUBLISHED BY THE 2ND RESPONDENT
TO CONDUCT ELECTION TO BE HELD ON 11.10.17 TO THE
ADMINISTRATIVE COMMITTEE OF THE 1ST RESPONDENT SOCIETY.
EXHIBIT P14 TRUE COPY OF APPLICATION PREFERRED BY THE 1ST PETITIONER
BEFORE THE 3RD RESPONDENT DATED 13.9.2017.
EXHIBIT P15 TRUE COPY OF APPLICATION PREFERRED BY THE 2ND PETITIONER
BEFORE THE 3RD RESPONDENT, DATED 14.9.2017.
EXHIBIT P16 TRUE COPY OF APPLICATION PREFERRED BY THE 3RD PETITIONER
BEFORE THE 3RD RESPONDENT, DATED 14.9.2017.
WP(C).No. 31952 of 2017 (T)
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EXHIBIT P17 TRUE COPY OF APPLICATION PREFERRED BY THE 4TH PETITIONER
BEFORE THE 3RD RESPONDENT, DATED 14.9.2017.
EXHIBIT P18 TRUE COPY OF REPLY DATED 15.9.2017 ISSUED BY THE 3RD
RESPONDENT TO THE 1ST PETITIONER.
EXHIBIT P19 TRUE COPY OF REPLY DATED 15.9.2017 ISSUED BY THE 3RD
RESPONDENT TO THE 2ND PETITIONER.
EXHIBIT P20 TRUE COPY OF REPLY DATED 15.9.2017 ISSUED BY THE 3RD
RESPONDENT TO THE 3RD PETITIONER.
EXHIBIT P21 TRUE COPY OF REPLY DATED 15.9.2017 ISSUED BY THE 3RD
RESPONDENT TO THE 4TH PETITIONER.
EXHIBIT P22 TRUE COPY OF THE BYE-LAW OF THE 1ST RESPONDENT SOCIETY.
EXHIBIT P23 TRUE COPY OF PASSBOOK OF THE 1ST PETITIONER.
EXHIBIT P24 TRUE COPY OF PASSBOOK OF THE 2ND PETITIONER
RESPONDENT(S)' EXHIBITS:
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EXHIBIT R6(a): TRUE COPY OF THE APPLICATION SUBMITTED BY THE 1ST
PETITIONER ON 25.08.2017
EXHIBIT R6(b): TRUE COPY OF THE APPLICATION SUBMITTED BY THE 2ND
PETITIONER ON 25.08.2017
EXHIBIT R6(c): TRUE COPY OF THE APPLICATION SUBMITTED BY THE 3RD
PETITIONER ON 25.08.2017
\EXHIBIT R6(d): TRUE COPY OF THE APPLICATION SUBMITTED BY THE 4TH
PETITIONER ON 25.08.2017
EXHIBIT R6(e): TRUE COPY OF THE RESOLUTION ON 25.08.2017
//TRUE COPY//
P.A. TO JUDGE
dlk
SHAJI P. CHALY, J.
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W.P.(C) No.31952 of 2017
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Dated this the 9th day of October, 2017
JUDGMENT
Petitioners are allegedly admitted to the membership of the first respondent Society pursuant to an interim order passed by this Court to the Deputy Director to consider the application submitted by the petitioners. However, from Ext.P8 I find that, on 24.8.2017, the State Election Commission has issued a notification with the polling date on 11.10.2017. In my considered opinion so far as the Kerala Co-operative Societies Act, 1969 is concerned, a dispute in respect of election starts from the constitution of the General Body meeting to pass resolution for the conduct of the election as provided under explanation to Section 69(2)(c) of the Act. Therefore, the process of election is already on and it is not proper or appropriate on the part of this Court to interfere with the election process. The issue was considered by the Apex Court in Shri Sant Sadguru Janardan Swami (Moingiri Maharaj) Sahakari Dugdha Utpadak Sanstha and another v. State of Maharashtra and others [2001 (8) SCC 509] in W.P.(C) No.31952 of 2017 2 the realm of the Maharashtra Co-operative Societies Act and which was followed by the Apex Court in the judgment in Shaji K. Joseph v. V. Viswanath & others [(2016) 4 SCC 429]. Therefore, I do not propose to interfere with the election process now, and therefore, the petitioners are entitled to get any relief as is sought for in the writ petition.
However, I make it clear that, if the petitioners are entitled legally to challenge the election process, petitioners will be at liberty to do so, after the elections are over.
Writ petition is disposed of accordingly.
Sd/-
SHAJI P. CHALY, JUDGE dlk/9/10/