Kerala High Court
Padmanabhan Pallath vs State Of Kerala on 24 September, 2014
Author: Thottathil B.Radhakrishnan
Bench: Thottathil B.Radhakrishnan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE THOTTATHIL B.RADHAKRISHNAN
&
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
WEDNESDAY, THE 1ST DAY OF FEBRUARY 2017/12TH MAGHA, 1938
W.A.No. 1511 of 2014
---------------------------------
AGAINST THE JUDGMENT IN W.P.(C).NO.2303/2013, DATED 24-09-2014
APPELLANT(S)/PETITIONER:
-----------------------------------------
PADMANABHAN PALLATH,
PRESIDENT OF BEYPORE SERVICE CO-OPERATIVE BANK LTD.,
LL35, ARAKKINAR, KOZHIKODE AND DELEGATE TO THE KOZHIKODE
DISTRICT CO-OPERATIVE BANK LTD., RESIDING AT PALLATH HOUSE,
BEYPORE FORT P.O., KOZHIKODE - 673 015.
BY ADVS.SRI.M.M.MONAYE
SRI.M.PAUL VARGHESE
SRI.DESI MATTHAI
RESPONDENT(S)/RESPONDENTS AND ADDITIONAL 9TH RESPONDENT:
------------------------------------------------------------------------------------------------------
1. STATE OF KERALA,
REPRESENTED BY ITS SECRETARY TO GOVERNMENT, DEPARTMENT
OF CORPORATION, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM - 695 001.
2. REGISTRAR OF CO-OPERATIVE SOCIETIES
THIRUVANANTHAPURAM - 695 001.
3. JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL),
KOZHIKODE DISTRICT,KOZHIKODE - 673 002.
4. ADMINISTRATOR,
THE KOZHIKODE DISTRICT CO-OPERATIVE BANK LIMITED,
KALLAI ROAD, KOZHIKODE - 673 002.
5. THE KOZHIKODE DISTRICT CO-OPERATIVE BANK LTD.,
KALLAI ROAD, KOZHIKODE, PIN - 673 002.
REPRESENTED BY ITS GENERAL MANAGER.
6. ELECTORAL OFFICER FOR ELECTION TO THE KOZHIKODE
DISTRICT CO-OPERATIVE BANK LTD.,/ASST.REGISTRAR OF CO-OPERATIVE
SOCIETIES (PLANNING), OFFICE OF THE JOINT REGISTRAR OF CO-
OPERATIVE SOCIETIES (GENERAL), KOZHIKODE DISTRICT, SAHAKARANA
BHAVAN, VIKAS BUILDING, LINK ROAD, KOZHIKODE, PIN - 673 002.
W.A.No. 1511 of 2014 : 2 :
7. RETURNING OFFICER FOR ELECTION TO THE KOZHIKODE DISTRICT CO-
OPERATIVE BANK LTD.,/ ASST.REGISTRAR OF CO-OPERATIVE SOCIETIES
(GENERAL), SAHAKARANA BHAVAN, VIKAS BUILDING, LINK ROAD,
KOZHIKODE, PIN - 673 002.
8. STATE CO-OPERATIVE ELECTION COMMISSIONER,
OFFICE OF STATE CO-OPERATIVE ELECTION COMMISSION, PALAYAM,
THIRUVANANTHAPURAM, PIN - 695 003.
9. BOARD OF DIRECTORS,
THE KOZHIKODE DISTRICT CO-OPERATIVE BANK LTD., KALLAI ROAD,
KOZHIKODE, PIN - 673 002, REPRESENTED BY ITS PRESIDENT.
*ADDL.R10 TO R108 ARE IMPLEADED
Addl.R10. VATAKARA TOWN CO-OPERATIVE URBAN SOCIETY LTD. NO.D.2822
P.O.VATAKARA, KOZHIKODE DISTRICT, PIN - 673 101,
REPRESENTED BY ITS SECRETARY.
Addl.R11. BADAGARA EDUCATIONAL CO-OPERATIVE URBAN SOCIETY LTD.
NO.D.2330, NEAR NEW BUS STAND, VATAKARA - 673 101,
REPRESENTED BY ITS SECRETARY.
Addl.R12. KAKKATTIL CO-OPERATIVE URBAN SOCIETY LTD.NO.D.2764
P.O.KAKKATTIL, KOZHIKODE - 673 507,
REPRESENTED BY ITS SECRETARY.
Addl.R13. PANANGAD CO-OPERATIVE URBAN SOCIETY LTD. NO.D.2803
P.O.BALUSSERY MUKKU, VATOLI BAZAR, KOZHIKODE - 673 612,
REPRESENTED BY ITS SECRETARY.
Addl.R14. KOYILANDY SAHAKARANA URBAN SOCIETY LTD. NO.D.2832
P.O.KOYILANDY,KOZHIKODE - 673 305,
REPRESENTED BY ITS SECRETARY.
Addl.R15. THE KAPPAD CO-OPERATIVE URBAN SOCIETY LTD. NO.D2842
P.O.KAPPAD, CHEMANCHERY, KOZHIKODE - 673 304,
REPRESENTED BY ITS SECRETARY
Addl.R16. MEPPAYUR CO-OPERATIVE URBAN SOCIETY LTD.NO.D.2811
P.O.MEPPAYUR, KOZHIKODE - 673 524,
REPRESENTED BY ITS SECRETARY.
Addl.R17. PERUVAYAL PANCHAYATH CLAY WORKERS INDUSTRIAL CO-OPERATIVE
SOCIETY LTD. NO.K.V.IND(D) 10, P.O.POOVATTUPARAMBA,
KOZHIKODE - 673 008, REPRESENTED BY ITS SECRETARY
Addl.R18. KOZHIKODE CORPORATION VANITHA CO-OPERATIVE SOCIETY
LTD.NO.D.2790, P.O.POKKUNNU, KOZHIKODE - 673 007,
REPRESENTED BY ITS SECRETARY
Addl.R19. BEYPORE TOWN FISHERMEN DEVELOPMENT WELFARE CO-OPERATIVE
SOCIETY LTD.NO.F(K)146, P.O.BEYPORE, KOZHIKODE - 673 015,
REPRESENTED BY ITS SECRETARY.
W.A.No. 1511 of 2014 : 3 :
Addl.R20. VATAKARA MUTTUNGAL FISHERMEN DEVELOPMENT WELFARE CO-
OPERATIVE SOCIETY LTD.NO.(K)19, P.O.VATAKARA,
KOZHIKODE - 673 101, REPRESENTED BY ITS SECRETARY.
Addl.R21. BEYPORE CO-OPERATIVE URBAN SOCIETY LTD. NO.D.2765
P.O.NORTH BEYPORE, KOZHIKODE - 673 315,
REPRESENTED BY ITS SECRETARY.
Addl.R22. KOZHIKODE KERA KARSHAKA SAHAKARANA SANGAM LTD. NO.D.2768
P.O.MUKKOM, KOZHIKODE - 673 582, REPRESENTED BY ITS SECRETARY.
Addl.R23. MUKKOM VANITHA SAHAKARANA SANGAM LTD. NO.D.2805
P.O.MUKKOM, KOZHIKODE - 673 582,
REPRESENTED BY ITS SECRETARY.
Addl.R24. VATAKARA NORTHA MALSYA THOZHILALI VIKASANA KESHMA
SAHAKARANA SANGAM LTD.NO.D.F(C)183/93
P.O.VATAKARA, KOZHIKODE - 673 101,
REPRESENTED BY ITS SECRETARY.
Addl.R25. KADATHANAD KSHEERA VYAVASAYA CO-OPERATIVE SOCIETY LTD. NO.
(D)33, NADAKKUTHAZHA, VATAKARA, KOZHIKODE - 673 101,
REPRESENTED BY ITS SECRETARY.
Addl.R26. AROOR CO-OPERATIVE URBAN SOCIETY LTD. NO.D.2745
P.O.ARUR, VIA KAKKATTIL, KOZHIKODE - 673 507, REPRESENTED BY ITS
SECRETARY.
Addl.R27. VALIAMANGAD FISHERMEN WELFARE DEVELOPMENT CO-OPERATIVE
SOCIETY LTD.NO.DF(C)NO.168/93
P.O.KOYILANDY,KOZHIKODE - 673 305, REPRESENTED BY ITS
SECRETARY.
Addl.R28. CHEMANCHERY RURAL CO-OPERATIVE HOUSING SOCIETY LTD.
NO.D.1941, P.O.KOYILANDY, KOZHIKODE - 673 305,
REPRESENTED BY ITS SECRETARY.
Addl.R29. MEMUNDA CO-OPERATIVE URBAN SOCIETY LTD.NO.D 2828,
P.O.CHALLI VAYAL, KOZHIKODE - 673 104,
REPRESENTED BY ITS SECRETARY.
Addl.R30. PARAKKADAVU CO-OPERATIVE URBAN SOCIETY LTD.NO.D.2756
P.O.PARAKKADAVU, KOZHIKODE - 673 509,
REPRESENTED BY ITS SECRETARY.
Addl.R31. MUTTANGAL MALSYA THOZHILALI VIKASANA KSHEMA SAHAKARANA
SANGAM LTD.NO.D.F(C)181/93, P.O.MUTTUNGAL,
KOZHIKODE - 673 106, REPRESENTED BY ITS SECRETARY.
Addl.R32. CHOMBALA MALSYA THOZHILALI KSHEMA SAHAKARANA SANGAM LTD.
NO.D.F(C)178/93, P.O.CHOMBALA, KOZHIKODE - 673 308,
REPRESENTED BY ITS SECRETARY.
W.A.No. 1511 of 2014 : 4 :
Addl.R33. THAI KADAPURAM MALSYA THOZHILALI VIKASANA KSHEMA
SAHAKARANA SANGAM, REG.NO.DF(C)155/93, P.O.MUKHADAR,
KOZHIKODE - 673 003, REPRESENTED BY ITS SECRETARY.
Addl.R34. EZHUKUDIKKAL MALSYA THOZHILALI VIKASANA KSHEMA SAHAKARANA
SANGAM LTD.NO.DF(C)167/93, P.O.EDAKULAM, KOZHIKODE - 673 306,
REPRESENTED BY ITS SECRETARY.
Addl.R35. KURIYADI MALSYA THOZHILALI VIKASANA KSHEMA SAHAKARANA
SANGAM LTD.NO.DF(C)182/93, P.O.VADAKARA, KOZHIKODE - 673 101,
REPRESENTED BY ITS SECRETARY.
Addl.R36. AZHIYUR MALSYA THOZHILALI VIKASANA KSHEMA SAHAKARANA
SANGAM LTD.NO.DF(C)177/93, P.O.AZHIYUR, KOZHIKODE - 673 309,
REPRESENTED BY ITS SECRETARY.
Addl.R37. TIKKODI MALSYA THOZHILALI VIKASANA KSHEMA SAHAKARANA
SANGAM LTD.NO.DF(C)174/93, P.O.TIKKODI, KOZHIKODE - 673 529,
REPRESENTED BY ITS SECRETARY.
Addl.R38. VADAKARA SOUTH MALSYA THOZHILALI VIKASANA KSHEMA
SAHAKARANA SANGAM LTD.NO.DF(C)184/93,
P.O.VADAKARA, KOZHIKODE - 673 101,
REPRESENTED BY ITS SECRETARY.
Addl.R39. VELLAYIL FISHERMEN WELFARE DEVELOPMENT CO-OPERATIVE URBAN
SOCIETY LTD.NO.DF(C).156/93, P.O.VELLAYIL, KOZHIKODE - 673 011,
REPRESENTED BY ITS SECRETARY.
Addl.R40. THOPPAYIL FISHERMEN WELFARE DEVELOPMENT CO-OPERATIVE
URBAN SOCIETY LTD.NO.DF(C).158/93, P.O.NADAKAVU,
KOZHIKODE - 673 011, REPRESENTED BY ITS SECRETARY
Addl.R41. MADAPPALI MALSYA THOZHILALI VIKASANA KSHEMA SAHAKARANA
SANGAM LTD.NO.DF(C)180/93, P.O.MADAPPALI, KOZHIKODE - 673 102,
REPRESENTED BY ITS SECRETARY.
Addl.R42. KURUVATTOOR PANCHAYAT KHADI AND VILLAGE INDUSTRIES CO-
OPERATIVE SOCIETY LTD.NO.KV IND.(D)14, P.O.PARAMBIL,
KOZHIKODE - 673 012, REPRESENTED BY ITS SECRETARY.
Addl.R43. KOYILANDY MALSYA THOZHILAI VIKASANA KSHEMA SAHAKARANA
SANGAM LTD.NO.DF(C)171/93, P.O.KOYILANDY, KOZHIKODE - 673 305,
REPRESENTED BY ITS SECRETARY.
Addl.R44. VIRUNNUKANDY MALSYA THOZHILALI VIKASANA KSHEMA
SAHAKARANA SANGAM LTD. NO.DF(C)170/93, P.O.KOYILANDY,
KOZHIKODE - 673 305, REPRESENTED BY ITS SECRETARY.
Addl.R45. KOLLAM MALSYA THOZHILALI VIKASANA KSHEMA SAHAKARANA
SANGAM LTD. NO.DF(C)172/93, P.O.KOLLAM, QUILANDY, PIN - 673 307,
REPRESENTED BY ITS SECRETARY.
W.A.No. 1511 of 2014 : 5 :
Addl.R46. MELADY MALSYA THOZHILALI VIKASANA KSHEMA SAHAKARANA
SANGAM LTD.NO.DF(C)175/93, P.O.PAYOLI, PIN - 673 522,
REPRESENTED BY ITS SECRETARY.
Addl.R47. CHERIYAMANGAD MALSYA THOZHILALI VIKASANA KSHEMA
SAHAKARANA SANGAM LTD.NO.DF(C)169/93, P.O.KOYILANDY,
PIN - 673 305, REPRESENTED BY ITS SECRETARY.
Addl.R48. KANNANKADAVU MALSYA THOZHILALI VIKASANA KSHEMA
SAHAKARANA SANGAM LTD.NO.DF(C)165/93, P.O.KAPPAD,
KOZHIKODE - 673 304, REPRESENTED BY ITS SECRETARY.
Addl.R49. PALLIKANDI MALSYA THOZHILALI VIKASANA KSHEMA SAHAKARANA
SANGAM LTD. NO.DF(C)161/93, P.O.PALLIKANDI, KOZHIKODE - 673 003,
REPRESENTED BY ITS SECRETARY.
Addl.R50. WESTHILL MALSYA THOZHILALI VIKASANA KSHEMA SAHAKARANA
SANGAM LTD NO.DF(C)159/93, P.O.WESTHILL, KOZHIKODE - 673 005,
REPRESENTED BY ITS SECRETARY.
Addl.R51. IRINGAL MALSYA THOZHILALI VIKASANA KSHEMA SAHAKARANA
SANGAM LTD. NO.DF(C)176/93, P.O.IRINGAL, KOZHIKODE - 673 521,
REPRESENTED BY ITS SECRETARY.
Addl.R52. PUTHIYANGADI MALSYA THOZHILALI VIKASANA KSHEMA SAHAKARANA
SANGAM LTD.NO.DF(C)160/93, ATHANI BEACH, WESTHILL,
KOZHIKODE - 673 005, REPRESENTED BY ITS SECRETARY.
Addl.R53. PUTHIYAPPA NORTH MALSYA THOZHILALI VIKASANA KSHEMA
SAHAKARANA SANGAM LTD.NO.DF(C)163/93, P.O.PUTHIYAPPA, `
KOZHIKODE - 673 021, REPRESENTED BY ITS SECRETARY.
Addl.R54. KUTTIADI VANITHA CO-OPERATIVE SOCIETY LTD.NO.D.2775
P.O.KUTTIYADI, KOZHIKODE -673 508, REPRESENTED BY ITS
SECRETARY.
Addl.R55. VADAYAM KSHEEROLPADAKA SAHAKARANA SANGAM LTD.NO.D.170(D)
APCOS, P.O VADAYAM, KOZHIKODE - 673 508, REPRESENTED BY ITS
SECRETARY.
Addl.R56. ERAMANGALAM KSHEEROLPADAKA SAHAKARANA SANGAM LTD.
NO.D.122(D) APCOS, P.O.ERAMANGALAM, KOZHIKODE - 673 612,
REPRESENTED BY ITS SECRETARY.
Addl.R57. CALICUT CO-OPERATIVE HOUSE CONSTRUCTION SOCIETY
LTD.NO.F.1284, YMCA ROAD, CALICUT - 673 020,
REPRESENTED BY ITS SECRETARY.
Addl.R58. MUKKOM YANTHRAVALKATRA CHIKARI SAHAKARANA SANGAM LTD.
NO.D.911, P.O.MANASSERY,KOZHIKODE - 673 602,
REPRESENTED BY ITS SECRETARY.
Addl.R59. AYANIKKAD KSHEEROLPADAKA SAHAKARANA SANGAM LTD. NO.D.184
(D) APCOS, P.O.AYANIKKAD, KOZHIKODE - 673 521, REPRESENTED BY
ITS SECRETARY.
W.A.No. 1511 of 2014 : 6 :
Addl.R60. KARANTHUR VANITHA SAHAKARANA SANGAM LTD. NO.D.2821
P.O.KARANTHUR, KUNNAMANGALAM - 673 571, KOZHIKODE,
REPRESENTED BY ITS SECRETARY.
Addl.R61. THIRUMANA KSHEEROLPADAKA SAHAKARANA SANGAM LTD. NO.D.149
(D) APCOS, P.O.VILAPPALI, KOZHIKODE - 673 542,
REPRESENTED BY ITS SECRETARY.
Addl.R62. MARUTHOMKARA KSHEEROLPADAKA SAHAKARANA SANGAM LTD. ``
NO.D.53(D), APCOS, P.O. PASSUKADAVU, KOZHIKODE - 673 513,
REPRESENTED BY ITS SECRETARY.
Addl.R63. PANTHIRIKKARA CO-OPERATIVE RURAL HOUSING SOCIETY LTD.
NO.D.2331, P.O.AVADUKKA, KOZHIKODE - 673 528,
REPRESENTED BY ITS SECRETARY.
Addl.R64. CITY CO-OPERATIVE HOSPITAL LTD. NO.D.2818,
N.P ABUSAHEB ROAD, VATTAMPOYIL, KOZHIKODE - 673 003,
REPRESENTED BY ITS SECRETARY.
Addl.R65. KAVILUMPARA KSHEEROLPADAKA SAHAKARANA SANGAM LTD.NO.F
1803, APCOS, P.O.KAVILUMPARA, KOZHIKODE - 673 513, REPRESENTED
BY ITS SECRETARY.
Addl.R66. KOODATHAI BAZAR KSHEEROLPADAKA SAHAKARANA SANGAM LTD.
NO.D198(D), APCOS, KOODATHAI BAZAR, THAMARASSERY,
KOZHIKODE - 673 573, REPRESENTED BY ITS SECRETARY.
Addl.R67. KOORACHUNDU CO-OPERATIVE URBAN SOCIETY LTD. NO.D-2758
P.O.KOORACHUNDU, KOZHIKODE - 673 527, REPRESENTED BY ITS
SECRETARY.
Addl.R68. PULLALUR KSHEEROLPADAKA SAHAKARANA SANGAM LTD. NO.D.132(D)
APCOS, P.O.PULLALUR, KOZHIKODE - 673 585,
REPRESENTED BY ITS SECRETARY.
Addl.R69. BALUSSERY KSHEEROLPADAKA SAHAKARANA SANGAM LTD.NO.D136
(D) APCOS, BALUSSERY, KOZHIKODE - 673 612,
REPRESENTED BY ITS SECRETARY.
Addl.R70. THUVAKKODE COIR VYAVASAYA CO-OPERATIVE SOCIETY LTD. NO.D782,
P.O.THUVAKKODE, KOZHIKODE - 673 304, REPRESENTED BY ITS
SECRETARY.
Addl.R71. KAIRALI VANITHA CO-OPERATIVE SOCIETY LTD.NO.D 2840
P.O.PUTHOORMADAM, PANTHIEERANAKAVE, KOZHIKODE - 673 019,
REPRESENTED BY ITS SECRETARY
Addl.R72. NOCHAD VANITHA SAHAKARANA SANGAM LTD.NO.D 2843
P.O.ANCHANPEEDIKA, KALPATHUR, KOZHIKODE - 673 524,
REPRESENTED BY ITS SECRETARY.
Addl.R73. PANDIKODE KSHEEROLPADAKA SAHAKARANA SANGAM LTD. NO.151(D)
APCOS, MANNANAM, KOZHIKODE - 673 525,
REPRESENTED BY ITS SECRETARY.
W.A.No. 1511 of 2014 : 7 :
Addl.R74. KODUVALLY CO-OPERATIVE HOUSING SOCIETY LTD.NO.D2299
P.O.KODUVALLY, KOZHIKODE - 673 572, REPRESENTED BY ITS
SECRETARY.
Addl.R75. AZHIYUR CO-OPERATIVE RURAL HOUSING SOCIETY LTD.NO.F 1794
P.O.CHOMBALA, KOZHIKODE - 673 308, REPRESENTED BY ITS
SECRETARY.
Addl.R76. PERAMBRA VANITHA SAHAKARANA SANGAM LTD.NO.D2833
P.O.PERAMBRA, KOZHIKODE - 673 525, REPRESENTED BY ITS
SECRETARY.
Addl.R77. URALLOOR KSHEEROLPADAKA SAHAKARANA SANGAM LTD.NO.D186(D)
APCOS, OTTAKANDAM, KOZHIKODE - 673 620, REPRESENTED BY ITS
SECRETARY.
Addl.R78. PANTHALAYINI MILK SUPPLY CO-OPERATIVE SOCIETY LTD. NO.D1931
QUILANDY, KOZHIKODE - 673 305, REPRESENTED BY ITS SECRETARY.
Addl.R79. VANMUHAM MALSYA THOZHILALI VIKASANA SAHAKARANA SANGAM
LTD.NO.DF(C)173/93, KADALOOR, KOZHIKODE - 673 529, REPRESENTED
BY ITS SECRETARY.
Addl.R80. VELLIYODE KSHEEROLPADAKA SAHAKARANA SANGAM LTD.NO.D 1588,
P.O.VILANGAD, KOZHIKODE - 673 506, REPRESENTED BY ITS
SECRETARY.
Addl.R81. OMASSERY CO-OPERATIVE URBAN SOCIETY LTD NO.2829
P.O.OMASSERY, KOZHIKODE - 673 582, REPRESENTED BY ITS
SECRETARY.
Addl.R82. KIZHUR KSHEEROLPADAKA SAHAKARANA SANGAM LTD. NO.D75(D)
APCOS, P.O.KILUR, MELADY, KOZHIKODE - 673 522, REPRESENTED BY
ITS SECRETARY.
Addl.R83. CHAKKIATTAPARA KSHEEROLPADAKA SAHAKARANA SANGAM
LTD.NO.D43(D), P.O.CHAKKITTAPARA, KOZHIKODE - 673 526,
REPRESENTED BY ITS SECRETARY.
Addl.R84. CHEMBANODA-POZHITHODU KSHEEROLPADAKA SAHAKARANA
SANGAM LTD.NO.D48(D)APCOS, P.O.CHEMBANODA,
KOZHIKODE - 673 528, REPRESENTED BY ITS SECRETARY.
Addl.R85. ARAMBRAM KSHEEROPADAKA SAHAKARANA SANGAM LTD.NO.D110(D)
APCOS, P.O.PADANILAM, KOZHIKODE - 673 571, REPRESENTED BY ITS
SECRETARY.
Addl.R86. KASABA VANITHA CO-OPERATIVE SOCIETY LTD.NO.2802
P.O.CHALAPPURAM, KOZHIKODE - 673 002, REPRESENTED BY ITS
SECRETARY.
Addl.R87. RAMANATTUKARA EDUCATIONAL CO-OPERATIVE SOCIETY OF SCIENCE
& TECHNOLOGY LTD.NO.2794,
P.O.RAMANATTUKARA, KOZHIKODE - 673 633, REPRESENTED BY ITS
SECRETARY.
W.A.No. 1511 of 2014 : 8 :
Addl.R88. MANAYATH CHANDRAN (PO)
PRESIDENT, KOZHIKODE DISTRICT CO-OPERATIVE BANK LTD., KALLAI
ROAD, KOZHIKODE - 673 002.
Addl.R89. ADVOCATE MOOSA, IRAKUNIYIL, DIRECTOR, KOZHIKODE DISTRICT CO-
OPERATIVE BANK LTD., KALLAI ROAD, KOZHIKODE - 673 002.
Addl.R90. N.SUBRAMANIAN, DIRECTOR, KOZHIKODE DISTRICT CO-OPERATIVE
BANK LTD., KALLAI ROAD, KOZHIKODE - 673 002.
Addl.R91. P.A.ANTONY, DIRECTOR, KOZHIKODE DISTRICT CO-OPERATIVE BANK
LTD., KALLAI ROAD, KOZHIKODE - 673 002.
Addl.R92. ASOK GEORGE, DIRECTOR, KOZHIKODE DISTRICT CO-OPERATIVE BANK
LTD., KALLAI ROAD, KOZHIKODE - 673 002.
Addl.R93. K.K.ABDU RAHIMAN, DIRECTOR, KOZHIKODE DISTRICT CO-OPERATIVE
BANK LTD., KALLAI ROAD, KOZHIKODE - 673 002.
Addl.R94. SMT.K.V.CHANDRI, DIRECTOR, KOZHIKODE DISTRICT CO-OPERATIVE
BANK LTD., KALLAI ROAD, KOZHIKODE - 673 002.
Addl.R95. GOPALAN MASTER PUNATHIL, DIRECTOR, KOZHIKODE DISTRICT CO-
OPERATIVE BANK LTD., KALLAI ROAD, KOZHIKODE - 673 002.
Addl.R96. SMT.M.M.JAMEELA, DIRECTOR, KOZHIKODE DISTRICT CO-OPERATIVE
BANK LTD., KALLAI ROAD, KOZHIKODE - 673 002.
Addl.R97. K.T JAMES, DIRECTOR, KOZHIKODE DISTRICT CO-OPERATIVE BANK
LTD., KALLAI ROAD, KOZHIKODE - 673 002.
Addl.R98. K.A. KADER, DIRECTOR, KOZHIKODE DISTRICT CO-OPERATIVE BANK
LTD., KALLAI ROAD, KOZHIKODE - 673 002.
Addl.R99. KOYAKKUTTY.P,DIRECTOR, KOZHIKODE DISTRICT CO-OPERATIVE
BANK LTD., KALLAI ROAD, KOZHIKODE - 673 002.
Addl.R100. SMT.MILLY MOHAN, DIRECTOR, KOZHIKODE DISTRICT CO-OPERATIVE
BANK LTD., KALLAI ROAD, KOZHIKODE - 673 002.
Addl.R101. K.T.PREMARAJAN, DIRECTOR, KOZHIKODE DISTRICT CO-OPERATIVE
BANK LTD., KALLAI ROAD, KOZHIKODE - 673 002.
Addl.R102. U.RAJEEVAN, DIRECTOR, KOZHIKODE DISTRICT CO-OPERATIVE BANK
LTD., KALLAI ROAD, KOZHIKODE - 673 002.
Addl.R103. K.P.RAMESAN, DIRECTOR, KOZHIKODE DISTRICT CO-OPERATIVE
BANK LTD., KALLAI ROAD, KOZHIKODE - 673 002.
Addl.R104. SAGHEESH BABU, DIRECTOR, KOZHIKODE DISTRICT CO-OPERATIVE
BANK LTD., KALLAI ROAD, KOZHIKODE - 673 002.
Addl.R105. T.M.SIVARAJAN, DIRECTOR, KOZHIKODE DISTRICT CO-OPERATIVE
BANK LTD., KALLAI ROAD, KOZHIKODE - 673 002.
W.A.No. 1511 of 2014 : 9 :
Addl.R106. SMT.SOUDHAMINI. D, DIRECTOR, KOZHIKODE DISTRICT CO-OPERATIVE
BANK LTD., KALLAI ROAD, KOZHIKODE - 673 002.
Addl.R107. SUKUMARAN. V, DIRECTOR, KOZHIKODE DISTRICT CO-OPERATIVE
BANK LTD., KALLAI ROAD, KOZHIKODE - 673 002.
Addl.R108. P.M.THOMAS MASTER, DIRECTOR, KOZHIKODE DISTRICT CO-
OPERATIVE BANK LTD., KALLAI ROAD, KOZHIKODE - 673 002.
* R10 TO R108 ARE IMPLEADED AS ADDITIONAL RESPONDENTS AS PER ORDER
DTD.16.12.14 IN I.A.1237/14 IN W.A.NO.1511/14.
R1, R2, R3, R6, R7 & R8 BY GOVERNMENT PLEADER SRI.SHAMEER.P.M.
R4, R5 & R9 BY SRI.R.SUDHISH, SC, KOZHIKODE DIST.CO.OP. BANK LIMITED
Addl.R10,R11 BY ADV. SMT.THUSHARA.V
R13-R16,R 27,R 28,R 34,R 37,R 43-R48,R 51,R 56,R 59,R 63,R 67,R 69,
R 70,R 72,R 73,R 76,R 77,R 78,R 79,R 82,R 83 & R 84
BY ADVS. SRI.B.S.SWATHY KUMAR
SMT.REMYA MURALI
SMT.T.RESHMA
R9,R89-R92,R94-R103,R105-R108 BY ADV. SRI.MANU.G.RAJAN
R31 BY ADV. SRI.A.N.SANTHOSH
R26,R54,R55,R62,R65,R80 BY ADV. SRI.P.P.JACOB
R3,R15,R16,R20,R26,R32,R52 & 66 BY ADV. SRI.P.N.MOHANAN
R10,R12,R14,R30,R41,R43,R44,R48,R49,R51,R55,R62& 78 BY ADV.
SRI.P.V.BABY
R9,R89-R92,R94-R103,R105-R108,R 93 BY ADV. SRI.GEORGE
POONTHOTTAM
THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 01-02-2017, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.A.No. 1511 of 2014
------------------------------
APPENDIX
PETITIONER'S ANNEXURES
ANNEXURE A1 : TRUE COPY OF THE INTERIM ORDER IN WRIT PETITION
2007/2013 FILED BY PANANGAD CO-OPERATIVE URBAN
SOCIETY & 3 OTHERS
ANNEXURE A2 : TRUE COPY OF THE INTERIM ORDER IN WRIT PETITION
2042/13 FILED BY PERUVAYAL PANCHAYAT CLAY
WORKERS INDUSTRIAL CO-OPERATIVE SOCIETY & 4
OTHERS
ANNEXURE A3 : TRUE COPY OF THE INTERIM ORDER IN WRIT PETITION
2540/2013 FILED BY MUTTUNGAL MALSYA THOZHILALI
VIKASANA KSHEMA SAHAKARANA SANGAM &
ANOTHER
ANNEXURE A4 : TRUE COPY OF THE INTERIM ORDER IN WRIT PETITION
2541/2013 FILED BY MEMUNDA CO-OPERATIVE URBAN
SOCIETY & ANOTHER
ANNEXURE A5 : TRUE COPY OF THE INTERIM ORDER IN WRIT PETITION
2542/2013 FILED BY VALIYAMANGAD FISHERMEN
WELFARE DEVELOPMENT CO-OPERATIVE SOCIETY &
ANOTHER
ANNEXURE A6 : TRUE COPY OF THE INTERIM ORDER IN WRIT PETITION
2549/2013 FILED BY VADAKARA NORTH MALSYA
THOZHILALI VIKASANA KSHEMA SAHAKARANA
SANGAM & 2 OTHERS
ANNEXURE A7 : TRUE COPY OF THE INTERIM ORDER IN WRIT PETITION
2753/2013 FILED BY THAIKKADAPURAM MALSYA
THOZHILALI VIKASANA KSHEMA SAHAKARANA
SANGAM & 21 OTHERS
ANNEXURE A8 : TRUE COPY OF THE INTERIM ORDER IN WRIT PETITION
3062/2013 FILED BY THUVAKODE COIR VYAVASAYA CO-
OPERATIVE SOCIETY & 15 OTHERS
ANNEXURE A9 : TRUE COPY OF THE INTERIM ORDER IN WRIT PETITION
3150/2013 FILED BY KASABA VANITHA CO-OPERATIVE
SOCIETY
ANNEXURE A10 : TRUE COPY OF THE INTERIM ORDER IN WRIT PETITION
2379/2013 FILED BY MOKKAM VANITHA SAHAKARANA
SANGAM
W.A.No. 1511 of 2014
------------------------------
ANNEXURE A11 : TRUE COPY OF THE INTERIM ORDER IN WRIT PETITION
2269/2013 FILED BY KOZHIKODE KERA KARSHAKA
SAHAKARANA SANGHAM LTD.
ANNEXURE A12 : TRUE COPY OF THE INTERIM ORDER IN WRIT PETITION
2054/2013 FILED BY THE CALICUT CITY SERVICE CO-
OPERATIVE BANK
ANNEXURE A13 : TRUE COPY OF THE INTERIM ORDER IN WRIT PETITION
2939/2013 FILED BY VADAYAN KSHEEROLPADAKA
SAHAKARANA SANGAM & 14 OTHERS
ANNEXURE A14 : TRUE COPY OF THE INTERIM ORDER IN WRIT PETITION
1732/2013 FILED BY VADAKARA TOWN CO-OPERATIVE
URBAN SOCIETY & 2 OTHERS
ANNEXURE A15 : TRUE COPY OF THE STATUS REPORT DATED 7.3.2013 IN
WRIT PETITION 2007/2013
ANNEXURE A16 : TRUE COPY OF THE STATUS REPORT DATED 7.3.2013
IN WRIT PETITION 2042/13
ANNEXURE A17 : TRUE COPY OF THE STATUS REPORT DATED 7.3.2013
IN WRIT PETITION 2540/2013
ANNEXURE A18 : TRUE COPY OF THE STATUS REPORT DATED 7.3.2013
IN WRIT PETITION 2541/2013
ANNEXURE A19 : TRUE COPY OF THE STATUS REPORT DATED 7.3.2013
IN WRIT PETITION 2542/2013
ANNEXURE A20 : TRUE COPY OF THE STATUS REPORT DATED 7.3.2013
IN WRIT PETITION 2549/2013
ANNEXURE A21 : TRUE COPY OF FINAL ORDER DATED 7.3.2013
IN WRIT PETITION 2753/13
ANNEXURE A22 : TRUE COPY OF THE STATUS REPORT DATED 7.3.2013
IN WRIT PETITION 3062/2013
ANNEXURE A23 : TRUE COPY OF THE STATUS REPORT DATED 20.2.2013
IN WRIT PETITION 3150/2013
ANNEXURE A24 : TRUE COPY OF THE STATUS REPORT DATED 20.2.2013
IN WRIT PETITION 2379/2013
ANNEXURE A25 : TRUE COPY OF THE STATUS REPORT DATED 13.11.2014
IN WRIT PETITION 2269/2013
ANNEXURE A26 : TRUE COPY OF THE STATUS REPORT DATED 22.11.2014
IN WRIT PETITION 2054/2013
ANNEXURE A27 : TRUE COPY OF THE STATUS REPORT DATED
27.11.2014 IN WRIT PETITION 2939/2013
W.A.No. 1511 of 2014
------------------------------
ANNEXURE A28 : TRUE COPY OF COMMON JUDGMENT IN W.P(C)
NO.2540/13, 2541/13, 2542/13, 2549/13, 2753/13 AND
3062/13
ANNEXURE A29 : TRUE COPY OF JUDGMENT IN W.P(C) NO.2939/13
ANNEXURE A30 : TRUE COPY OF THE UNSTARRED QUESTION AND ITS
ANSWER WITH ENGLISH TRANSLATION
RESPONDENTS' ANNEXURES
NIL
//True Copy//
P.A. To Judge
Bb
THOTTATHIL B.RADHAKRISHNAN
&
DEVAN RAMACHANDRAN, JJ.
==============================
W.A.No.1511 of 2014
==============================
Dated this, the 01st day of February, 2017.
J U D G M E N T
Thottathil B.Radhakrishnan, J.
We have heard the learned counsel for the appellant/writ petitioner, the learned counsel for the contesting respondents and the learned Senior Government Pleader.
2. The writ petition from which this appeal arises was filed challenging an election notification in terms of the provisions of the Kerala Co-operative Societies Act, 1969, hereinafter referred to as 'the KCS Act', for short.
3. Going by the material facts, it appears that the electoral college is constituted from different categories. The question that ultimately emerged for consideration during the course of the writ petition was as to whether the electoral college has been duly identified in terms of W.A.No.1511 of 2014 : 2 : the provisional voters' list, as also, the final voters' list. The inclusion or exclusion of certain Co-operative Societies on the basis of their eligibility conditions appears to be an issue, whatever that be, during the course of the proceedings. Elections were held on the basis of provisional orders issued by this Court. Those interlocutory orders now stand merged in the judgment dated 24.09.2014, which is challenged in this writ appeal.
4. The learned counsel for the appellant/writ petitioner submits that 78 Co-operative Societies had earlier filed writ petitions seeking inclusion in the voters list. It appears that there were interlocutory orders for provisional admission into the electoral college. Thereafter, after enjoying the benefit of interlocutory orders, those writ petitions were withdrawn or closed as infructuous by those 78 Societies. This is also a moot issue on which the appellant before us is allegedly aggrieved, since, according to him, that would have a direct impact on the total number of votes that could have been polled in favour or against any particular candidate. W.A.No.1511 of 2014 : 3 :
5. The aforesaid discussions will clearly show that the learned single Judge was well founded in saying that it would not be possible within the jurisdiction of the High Court under Article 226 of the Constitution to adjudicate on the different questions, including the eligibility of the different voters and the constitution of the electoral college on the basis of the provisional list and the final list. The learned single Judge was abundantly justified in being extremely cautious in further pushing forward in the writ jurisdiction and confining the adjudication to be one which had to be closed down paving way for further proceedings in terms of the provisions of Section 69 of the KCS Act. The learned single Judge had also noticed the Bench decision in Sulthan Bathery Co-operative Agricultural and Rural Development Bank Limited, Wayanad v. Jayaprakash P.R. [2014 (3) KHC 51], to notice that the period of limitation for instituting proceedings under Section 69 could be regulated by the High Court while exercising writ jurisdiction under Article 226 and thereby, directing that the time taken in W.A.No.1511 of 2014 : 4 : prosecuting the case in writ jurisdiction could be excluded on the basis of principles akin to Section 14 of the Limitation Act.
6. We do not find our way to disagree with the approach adopted by the learned single Judge. However, we need to say that the authority which may be moved under Section 69 of the KCS Act would ensure that the earlier interlocutory orders issued during the course of W.P.(C).No.2303/2013 and also the interim orders and final judgments issued in the different writ petitions filed by the afore-noted 78 Societies are not treated of such value as would impair the rights of the parties to the election dispute to raise all conditions de hors those interlocutory orders or final judgments. With this clarification, we direct that any dispute to be raised under Section 69, within a period of 30 days from today will be entertained as if it is within the prescribed period of limitation and that dispute shall be adjudicated in accordance with law and having regard to what we have clarified above in relation to the judgments and orders W.A.No.1511 of 2014 : 5 : issued by the High Court. That shall also be done untrammelled by anything stated in this judgment except to the aforesaid extent and the judgment of the learned single Judge. Having regard to the fact that nearly four years would have passed through by now after the election is over, we are sure that the authority to be moved under Section 69, will expedite final disposal of that matter.
The writ appeal is ordered accordingly.
Sd/-
THOTTATHIL B.RADHAKRISHNAN, JUDGE.
Sd/-
DEVAN RAMACHANDRAN, JUDGE.
Bb/03/02/2017 [True copy] P.A to Judge