Legal Document View

Unlock Advanced Research with PRISMAI

- Know your Kanoon - Doc Gen Hub - Counter Argument - Case Predict AI - Talk with IK Doc - ...
Upgrade to Premium
[Cites 7, Cited by 0]

Kerala High Court

Bina P.V vs Indira S on 23 June, 2023

Author: Alexander Thomas

Bench: Alexander Thomas

                  IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
                THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
                                     &
                 THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN
            Friday, the 23rd day of June 2023 / 2nd Ashadha, 1945
                             WA NO. 1198 OF 2023
 AGAINST THE JUDGMENT DATED 15/06/2023 IN WP(C) 15557/2022 OF THIS COURT.
APPELLANT/RESPONDENT NO.7

     BINA P.V, PRESIDENT, KOTTA KSHEEROLPADAKA SAHAKARNA SANGHOM PT 4(D)
     APCOS KOTTA P.O., PATHANAMTHITTA , PIN - 689504

RESPONDENTS/PETITIONER & RESPONDENT NOS. 1 TO 6:

  1. INDIRA S, AGED 62 YEARS, W/O. SASIDHRAN,PRESIDENT, PRIYADARSHINI
     NAGAR KSHEEROLPADAKA SAHAKARNA SANGHOM PT 141 (D), APCOS,
     PUTHANAMPALAM P.O., KADAMPANAD, KOLLAM, PIN - 690540
  2. STATE OF KERALA, DEPARTMENT OF AGRICULTURE, SECRETARIAT,
     THIRUVANANTHAPURAM,PIN - 695001 REPRESENTED BY ITS SECRETARY,
  3. DIRECTOR OF DAIRY DEVELOPMENT, PATTOM PALACE P.O
     ,THIRUVANANTHAPURAM, PIN - 695004
  4. THE DEPUTY DIRECTOR OF DAIRY DEVELOPMENT OFFICE OF THE DEPUTY
     DIRECTOR OF DAIRY DEVELOPMENT, THIRUVANANTHAPURAM, PATTAM PALACE
     P.O, THIRUVANANTHAPURAM, PIN - 695004
  5. THE THIRUVANANTHAPURAM REGIONAL MILK PRODUCERS UNION LTD. NO. T
     177(D), APCOS KSHEERA BHAVAN, PATTOM, THIRUVANANTHAPURAM,, PIN -
     695004, REPRESENTED BY ITS MANAGING DIRECTOR
  6. THE RETURNING OFFICER, THE THIRUVANANTHAPURAM REGIONAL MILK
     PRODUCERS UNION LTD. NO. T 177 (D), APCOS. KSHEERA BHAVAN, PATTOM,
     THIRUVANANTHAPURAM , PIN - 695004
  7. STATE CO-OPERATIVE ELECTION COMMISSION (SCEC), III FLOOR, CO - BANK
     TOWERS, PALAYAM, VIKAS BHAVAN P.O., THIRUVANANTHAPURAM PIN - 695033,
     REPRESENTED BY ITS CHIEF ELECTION COMMISSIONER

     Prayer for interim relief in the Writ Appeal stating that in the
circumstances stated in the appeal memorandum, the High Court be pleased
to stay the judgment of the learned Single Judge in W.P. (C) No. 15557 of
2022 dated 15/06/2023, pending final disposal of the Writ Appeal.
     This petition coming on for orders upon perusing the petition and
the affidavit filed in support thereof, and upon hearing the arguments of
SRI.P.C.SASIDHARAN, Advocate for the petitioner and of SRI.N.ANAND,
Advocate for the Respondent No.1, the court passed the following:
      ALEXANDER THOMAS & C.JAYACHANDRAN, JJ.
     ---------------------------------------------------------------------
                         W.A.No.1198 of 2023
   (arising out of the impugned judgment dated 15.06.2023 in WP(C). No.15557/2022)
     ---------------------------------------------------------------------
               Dated this the 23rd day of June, 2023

                                   ORDER

Admit Writ Appeal.

2. Sri.N.Anand, learned counsel has taken notice for R1 herein/writ petitioner; Sri.P.P.Thajudeen, learned Special Government Pleader (Co-operation) has taken notices for R2, R3 and R4;

Smt.Latha Anand, learned counsel has taken notice for R5;

Sri.C.M.Nazar, learned Standing Counsel for the Kerala State Co-

operative Election Commission has taken notice for R6 and R7. Registry will show the names of the above advocates in the cause title. Service complete.

3. This Court has already admitted connected writ appeals arising out of the impugned judgment, to the extent it relates to other connected W.P.(C)s. Order dated 22.06.2023 rendered by this Court in W.A.No.1187/2023 and connected cases, read as follows:

"Admit Writ Appeal.
2. This Court has already passed order dated 21.06.2023 in this appeal, ordering notice and also granting interim status quo order. The said order dated 21.06.2023, reads as follows :
W.A. No.1198 of 2023 2
" Notices before admission for respondents 1 to 5 have been taken by Sri.P.N.Mohanan, learned Standing Counsel; Notices for respondents 6 to 8 have been taken by Sri.C.M.Nazar, learned Standing Counsel for State Co- operative Election Commission; Notice for R9 has been taken by Smt.Latha Anand, learned counsel; Notice for R10 has been taken by Sri.P.P.Thajudeen, learned Special Government Pleader (Co-operation); Notices for R11 and R12 have been taken by Sri.M.Sasindran, learned counsel; Notices for R13 and R14 have been taken by Sri.T.R.Harikumar, learned counsel; Notices for R15 and R16 have been taken by Sri.D.Somasundaram, learned counsel; Notices for R17 and R18 have been taken by Sri.N.Anand, learned counsel and Notice for R19 has been taken by Sri.V.S.Chandrasekharan, learned counsel. Learned counsel for the appellant is permitted to serve notice of this appeal memorandum on R20, through the learned advocate who appeared for the party at the W.P. (C) stage.

2. Heard the parties for some time. Since some more details is required, the matter is adjourned to 22.06.2023.

3. Having regard to the facts and circumstances of this case, in order to preserve and protect the subject matter of this lis, it is ordered in the interest of justice that status quo as on today as regards the declaration of results of the election to the Managing Committee of the 9th respondent, Thiruvananthapuram Regional Co-operative Milk Producers Union Ltd No.T 177 D, in pursuance of the impugned judgment dated 15.06.2023 by the learned Single Judge in the instant W.P.(C) No.9793/2022 shall be maintained by the authorities concerned. We have told now that the results of the above said election have not so far been officially declared by the competent authorities concerned.

This interim order will be in force for a period of two days.

List on 22.06.2023."

3. The respective Advocates concerned have already taken notices for the various parties concerned, as mentioned in the afore order dated 21.06.2023. The learned counsel for the appellant submit that notice in this writ appeal has already been served on R-20 through Sri.D.Somasundaram, learned Advocate. Sri.D.Somasundaram, learned Advocate has taken notice for R-20. Service complete. The Registry will show the names of the respective Advocates concerned in the cause list.

4. We have heard Sri.Renjith Thampan, learned Senior Counsel instructed by Sri.V.M.Krishnakumar, learned counsel appearing for the appellant in this W.A/R-15 in the W.P(C); Sri.P.N.Mohanan, learned Advocate appearing for respondents 1 to 5 herein/writ petitioners; Sri.C.M.Nazar, learned Standing Counsel for the State Co- operative Election Commission, appearing for R-6 to R-8;

W.A. No.1198 of 2023 3

Sri.P.P.Thajudeen, learned Special Government Pleader (Co-operation), appearing for R-10 (State); Smt.Latha Anand, learned Standing Counsel for R-9 (Thiruvananthapuram Regional Co-operative Milk Producers Union) as well as the other Advocates appearing in the connected appeals.

5. Sri.Renjith Thampan, learned Senior Counsel instructed by Sri.V.M.Krishnakumar, learned counsel appearing for the writ appellant, would submit that the main question raised in the above writ proceedings and in this writ appeal is as to whether any delegate, authorized by the Administrator/Administrative Committee of the affiliated primary co-operative societies, can vote in the elections to the Managing Committee of the respondent - Regional Co-operative Milk Producers' Union (hereinafter referred for short as the Regional Society), since such a member of the primary society, nominated by the Administrator of the said Society, is not the President of such Society and that this issue involves the interpretation of Sec.28(8) of the Kerala Co- operative Societies Act ('KCS Act', for short), as amended w.e.f 12.02.2021. That, the first issue has arisen in the factual context that 58 primary co-operative societies, out of the various primary co-operative societies affiliated to the abovesaid respondent (Regional Society), happened to be under the Administrator/Administrative Committee, after the supersession of the respective elected committees. It is also pointed out that, Sec.8A of the KCS Act deals with affiliation to the Apex Society. Further that, Sec.8A(4) would mandate that, notwithstanding anything contained in the KCS Act or the KCS Rules or the bylaws of a Regional Co-operative Milk Producers' Union, the Anand Pattern Milk Co-operative Societies, having a regular elected Committee and doing business of milk procurement and sale within the area of operation of the Regional Co-operative Milk Producers' Union, shall be admitted as members of the Regional Co-operative Milk Producers' Union.

6. Submissions are also made on behalf of the appellant by placing reliance on the proviso to Rule 44A of the KCS Rules, wherein it is mandated that if the affairs of the society are managed by Administrator/Administrators/Administrative Committee appointed under Secs.28 or 32 or 33 of the Act, then the person or persons so appointed shall have the power to nominate any member of the society to be its delegate in the other society and that such delegate shall be eligible to vote and to be elected as a member of the Committee of the other society in which he sits as a delegate if he is otherwise qualified to be a delegate under the relevant Rules.

7. Further that, the second issue is as to whether primary societies, who were granted membership/affiliation by the Administrator/Administrative Committee of the respondent (Regional Co-operative Society), also could take part in the voting process for the abovesaid election to the Managing Committee of the respondent (Regional Co-operative Society), in view of clause (a) to the proviso to Sec.20 of the Act. In other words, the said issue is as to whether the bar envisaged, as per clause (a) of the proviso to Sec.20 of the KCS Act, could be attracted in such cases, where the primary co-operative society has been granted affiliation to the Regional Co-operative Society by the W.A. No.1198 of 2023 4 Administrator of the said Regional Society. It is pointed out that the said second issue arises in the factual context that, according to the writ petitioners, about 23 primary co-operative societies were granted membership in the regional society by the Administrator of the Regional Co-operative Society and not at a time when the elected committee of the said Regional Society was in office.

8. The learned Senior Counsel would mainly argue that Sec.28(8) of the KCS Act, as amended as above, stipulates that notwithstanding anything contained in the KCS Act or the Rules made thereunder or the bylaws of a Regional Co-operative Milk Producers Union or in any other law, judgment or decree or orders of any court or tribunal, for the time being in force, the delegate of the member Anand Pattern Milk Co-operative Society ('APCOS', for short), to attend the General Body meetings and to contest the elections to the Managing Committee of the Regional Co-operative Milk Producers' Union, shall be the President of member APCO Society only. It is argued, on behalf of the appellant, that the said restrictions, envisaged in Sec.28(8) of the KCS Act, would not apply in the present factual matrix. It is urged that the main restriction or bar in the election process, envisaged as per the last limb of Sec.28(8) is that only the President of the member Primary Society can contest the elections to the Managing Committee of the Regional Society. That, the right to contest the election and the right to vote cannot be treated as identical or synonymous and though these rights may be inter-related, they can be segregated and unless the Legislature has mandated that the restriction in that regard would be not only in the case of contesting the elections, but also to take part in the voting process, the precious right to vote, guaranteed as per the operative portion of Sec.20, cannot be taken away, unless any of the proviso thereto are attracted, which is absent in the instant case. Further that, the restriction or bar in the first limb of Sec.28(8) is regarding attending the general body meetings. That, in other words, only the President of the Member Co-operative Society, can attend the general body meetings of the Regional Society. That, ordinarily, in many of the societies, the election process involves the convening of the general body meeting and the election process being held in the general body meeting. But, in the instant case, for the Milk Producers' Union Society, the Legislature has envisaged an entirely different procedure for elections, inasmuch as Sec.28(1K) which was was inserted, as per the abovesaid amendment, with effect from 12.02.2021, stipulates that, notwithstanding anything contained in the KCS Act or the KCS Rules or the bylaws, in a Regional Society, having jurisdiction over more than one district, the members of the Committee representing each revenue district shall be elected by the member societies of that particular revenue district itself from among themselves. That in the instant case, the hierarchy is at three levels. There is a State Apex Society called 'Milma', for short and thereafter, there are three Regional Central Societies, including R-9 (Regional Society) and R-9 is having territorial jurisdiction of four revenue districts, viz., Thiruvananthapuram, Kollam, Pathanamthitta & Alappuzha. The Regional Co-operative Society at Ernakulam has jurisdiction over the revenue districts of Idukki, W.A. No.1198 of 2023 5 Ernakulam, Thrissur & Kottayam and the Regional Society at Kozhikode is having territorial jurisdiction over the revenue districts of Kozhikode, Wayanad, Kannur & Kasaragode districts. That, the Legislature has mandated the special procedure for the election process to the Regional Society, inasmuch as there is no general body meeting of all the voters in the entire area of operation of the respondent (Regional Society) and that what is mandated is that, election process should be done in each of the four districts under R-9 (Society) separately, namely, in the revenue districts of Thiruvananthapuram, Kollam,Pathanamtitta & Alappuzha. That therefore, there is no question of election being conducted by R-9 (Regional Society), by calling the general body meeting of the entire area of operation of the said Regional Society, comprising of all the abovesaid four districts. That, therefore, since the election process is revenue district-wise and not the entire territory-wise, the restriction, envisaged in the first limb of Sec.28(8), regarding attending the general body meeting, will not be attracted in a case where election is conducted district-wise to the respondent (Regional Society). That, there may be other purposes for which General Body meeting will have to be held, other than election. For such purposes, the restriction will certainly apply, in that, only the President of the member APCO Society alone will be entitled to attend the general body meetings. Therefore, it is argued that the abovesaid restrictions, envisaged in the first and second limbs of Sec.28(8), are not factually attracted, in the instant facts and circumstances of the case. That, this crucial and relevant aspect of the matter, has been completely overlooked in the rendering of the impugned judgment, even though specific issues, as per issues (B) & (C) have been mentioned in para 30 in page 50 of the impugned judgment. In the light of these aspects, Sri.Renjith Thampan, learned Senior Counsel would urge that all the 58 primary co-operative societies, who were under the Administrator/Administrative Committee at the relevant time, had the right to sent one delegate, as nominated by the Administrator or Administrative Committee at the relevant time, to take part in the voting process, though they may not have the right to contest the election. That, in the instant case, none of such delegates have stood as candidates for the instant impugned election.

9. Further, it is urged by the learned counsel, that even though the general legal dictum is that the Administrator of a co- operative society may not have the jurisdiction to enroll new members and such enrolled new members does not have the right to vote or take part in the election, etc., a special and exceptional scenario has been created by the Legislature, the Rule making authority, by framing Rule 44A of the KCS Rules. That, Rule 44A deals with delegate of societies in the Committee to another society to be members of the Committee. That, the statutory provision mandated and envisaged, as per the proviso to Rule 44A supra, is an exception to the general scenario.

10. Further that, while answering the questions (B) & (C), given in paras 33 to 37 of the impugned judgment at internal pages 52 to 58 thereof, no specific reasonings are given, as to why such primary co- operative societies under the Administrative Committee cannot take part in the voting process and that the impugned judgment has proceeded on W.A. No.1198 of 2023 6 the premise, as if the bar as against contesting the election, would automatically attract the bar to vote in the election as well. That, the said perspective in the impugned judgment is highly erroneous.

11. In that regard, it is urged that Sec.8A of the KCS Act deals with affiliation to apex society. Further that, Sec.8A(4) would mandate that, notwithstanding anything contained in the KCS Act or the KCS Rules or the bylaws of a Regional Co-operative Milk Producers' Union, the Anand Pattern Milk Co-operative Societies having a regular elected Managing Committee and doing the business of milk procurement and sale within the area of operation of the Regional Co-operative Milk Producers' Union shall be admitted as members of the Regional Co- operative Milk Producers' Union. That, in view of the mandate contained in Sec.8A(4), the primary co-operative societies concerned, have the right to be admitted as the members of the Regional society and the said right cannot be curtailed merely because the affiliating Regional society is administered by an Administrator or Administrative Committee, at the time when the primary co-operative societies seek membership thereto.

12. Further, it is submitted that, even if the proviso to Sec.20 would apply, the time deadline therein is 60 days immediately prior to the date of election and not six months, as observed by the learned Single Judge in para 39(2) in page 59 of the impugned judgment. The operative portion of Sec.20 stipulates that, notwithstanding anything contained in any other provision of the KCS Act or any other law, every member of a society shall have one vote in the affairs of the society. That, the said operative portion of Sec.20 confers a right and entitlement for every member of a society to have one vote in the affairs of the society. Further that, clause (a) to proviso to Sec.20 stipulates that a member admitted within sixty days, immediately prior to the date of election, shall not have the right to vote, etc. That, even if it is assumed that clause (a) to proviso to Sec.20 would also have an impact on Sec.8A(4), the time deadline stipulated by the said proviso is 60 days prior to the date of election and not six months.

13. It is urged by the learned Senior Counsel that 23 primary co-operative societies were given membership by the respondent (Regional Society), at a time when the said regional society was under

the Administrator/Administrative Committee. Further that, out of the said 23 primary co-operative societies, about 13 primary societies were given membership to the Regional society, much before the commencement of the 60 days time limit, envisaged in clause (a) to proviso to Sec.20. Further that, in case clause (a) to proviso to Sec.20 would apply even as against Sec.8A(4), then at best only the remaining 10 primary co-operative societies, out of the 23 said societies, may invite any bar to take part in the voting process.

14. Sri.Renjith Thampan, learned Senior Counsel, has also made certain submissions on the basis of Annexure-1, which is the copy of the Bill introduced in the Kerala Legislative Assembly to amend certain provisions of Sec.28(8) and other related provisions and that the said Bill has been passed by the Legislative Assembly and that the passed Bill is now awaiting the assent of the Governor of the State, etc. On the basis of Annexure-1, the learned Senior Counsel would urge that even the W.A. No.1198 of 2023 7 Legislature has now clarified and declared that the right to vote is not taken away by the restrictions contained in Sec.28(8), etc. At this interlocutory stage, we need not get into these aspects, for the simple reason that though the Bill may have been passed, the same has not become an enactment as of now, as understood in the Constitution of India.

15. Per contra, Sri.P.N.Mohanan, learned counsel appearing for R-1 to R-6 herein/writ petitioners, would urge that the bar envisaged in Sec.28(8), to contest the election, would also include the right to vote in the election process, etc. Further that, the first limb of Sec.28(8), regarding participation in the general body meeting, should be understood in the general context of the provisions of the KCS Act, wherein, ordinarily, it is envisaged that election process should be by calling of the general body meeting, as provided in Sec.29 of the KCS Act. Further that, if elections to the respondent (Regional Society) is to be done district-wise and not for the entire territorial area, then each such district-wise election process should be envisaged as the general body meeting for the said election process and therefore, the bar envisaged in terms of the first limb to Sec.28(8) would also apply and merely because the election process is district-wise, it will not take away the impact of the bar.

16. Hence, it is urged that the delegates of each of the 58 co-operative societies, who were nominated by the respective Administrator of the said primary society, cannot take part in the impugned election. That, Sec.21(1) would stipulate that every member of a society shall exercise his vote in person. Further that, Sec.21(2) would stipulates that, notwithstanding anything contained in Sec.21(1), a society or corporation or a statutory or non-statutory Board, Committee or other body of persons, which is a member of another society, may, subject to any rules made under the KCS Act, appoint one of its members to vote on its behalf in the affairs of the other society. Further that, the bylaw in each of these primary co-operative societies, has stipulated that the respective Presidents of the respective primary co-operative society is the delegate, as envisaged in Sec.21(2), etc. So, it is argued that, in terms of Sec.28(8), a delegate other than the President of the respective co- operative society cannot take part in the voting process and if the primary co-operative society is under an Administrator and that in the absence of anelected managing committee, the Administrator of the said primary society cannot nominate a delegate, etc. Hence, it is urged by the learned counsel for the writ petitioners that the bar in Sec.28(8) would apply and therefore, the delegates of such primary co-operative societies, nominated by their respective Administrator, cannot take part in the voting process.

17. Sri.P.N.Mohanan, learned counsel appearing for the contesting respondents/writ petitioners, would submit that what is envisaged in terms of Sec.8A(4) is only admission as members of the Regional Society and that, admission of a member society and affiliation of a member society, are two different aspects. That Rule 16 of the KCS Rules deal with admission and Rule 16E deals with application for affiliation and that unless the procedure for affiliation is completed, in W.A. No.1198 of 2023 8 terms of Rule 16E, there is no question of getting the right to vote. Further that, the bar under clause (a) to proviso to Sec.20 is also attracted in the instant case.

18. After hearing both sides, we are of the view that a strong prima facie case has been made out by the appellants. The learned Senior Counsel for the appellant would submit that if the impugned judgment is not stayed, then the successful writ petitioners may seek for enforcement of the impugned verdict by contempt proceedings, etc. Further, we also note that if the impugned judgment is now implemented, then the results of the election will have to be officially declared, by excluding the disputed votes and this may have unnecessary complications. Accordingly, taking note of these aspects, it is ordered, in the interest of justice, that the operation and enforcement of the impugned judgment dated 15.06.2023, rendered by the learned Single Judge in W.P(C) No.9793/2022, will stand stayed and shall be kept in abeyance. If we grant stay of the impugned judgment and there is no other protective measures to take care of the interest of the successful writ petitioners, then the results of the elections to the Regional society may be declared after counting both the disputed and undisputed votes. This may have adverse consequences for the successful writ petitioners. Hence, to protect their interests, it is ordered that the results of the elections to the Managing Committee of the R-9 (Thiruvananthapuram Regional Co-operative Milk Producers' Union Ltd. No.T 177 D), shall not be declared, except with the permission of this Court.

19. Both sides submit that efforts will be taken for the early hearing and disposal of the main matter in the above appeals.

List this Writ Appeal, along with W.A Nos.1186, 1189 & 1192 on 26/07/2023.

W.A No.1186 of 2023

Admit.

2. Sri.P.P.Thajudeen, learned Special Government Pleader (Co-operation) has taken notice for R-1 (State). Smt.Latha Anand, learned Standing Counsel has taken notice for R-2; Sri.C.M.Nazar, learned Standing Counsel for the State Co-operative Election Commission has taken notice for R-3 and Sri.P.N.Mohanan, learned Advocate has taken notice for R-4 (Co-operative Society).

W.A No.1189 of 2023

Admit.

2. Sri.P.N.Mohanan, learned Advocate has taken notices for R-1 to R-5; Sri.C.M.Nazar, learned Standing Counsel for the State Co- operative Election Commission has taken notices for R-6, R-7 & R-8; Smt.Latha Anand, learned Standing Counsel has taken notice for R-9 (Regional Society); Sri.P.P.Thajudeen, learned Special Government Pleader (Co-operation) has taken notice for R-10 (State of Kerala).

3. Sri.M.Sasindran, learned counsel appearing for the appellant submits that R-11 in the W.A is not a necessary party and that W.A. No.1198 of 2023 9 he had appeared for that party at the W.P(C) stage and that the said party can be deleted from the respondent array of this appeal. R-11 stands deleted accordingly. Sri.T.R.Harikumar, learned Advocate has taken notice for R-12 & R-13 ; Sri.D.Somasundaram, learned Advocate has taken notices for R-14, R-15 & R-20 ; Sri.N.Anand, learned Advocate has taken notices for R-16 & R-17 ; Sri.V.M.Krishnakumar, learned Advocate has taken notice for R-19.

W.A No.1192 of 2023

Admit Writ Appeal.

2. Sri.P.P.Thajudeen, learned Special Government Pleader (Co-operation) has taken notices for R-1 & R-2; Sri.C.M.Nazar, learned Standing Counsel for the State Co-operative Election Commission has taken notices for R-3 & R-4; Smt.Latha Anand, learned Standing Counsel has taken notice for R-5 (Regional Society); Sri.N.Anand, learned Advocate has taken notices for R-6 & R-7.

W.A Nos.1186, 1189 & 1192 of 2023 The Registry will show the names of the abovesaid Advocates in the cause list. The abovesaid order dated 21.06.2023 passed by this Court in W.A No.1187/2023, will regulate the interlocutory scenario in these cases as well.

List these Writ Appeals, along with W.A No.1187/2023 on 26/07/2023."

4. Accordingly, it is ordered that the operation of enforcement of the impugned judgment dated 15.06.2023 in W.P.(C) No.15557/2022 will remain stayed and shall be kept in abeyance. However, it is also ordered that as an interim measure, to protect the interest of the writ petitioner that the final result of the election to the Managing Committee of the 5th respondent/Thiruvananthapuram Regional Milk Producers Union Ltd. No.177(D), will not be published, without the permission of this Court.

W.A. No.1198 of 2023 10

List this case along with W.A. Nos.1186, 1187, 1189 and 1192 of 2023 on 26.07.2023.

Hand Over Sd/-

ALEXANDER THOMAS, JUDGE Sd/-

C.JAYACHANDRAN, JUDGE ww