Kerala High Court
K.P. Hamza vs State Of Kerala
Author: Shaji P. Chaly
Bench: Shaji P.Chaly
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
THURSDAY, THE 11TH DAY OF AUGUST 2016/20TH SRAVANA, 1938
WP(C).No. 17041 of 2015 (E)
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PETITIONER :
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K.P. HAMZA, AGED 49 YEARS,
S/O.ALAVI,CONVENOR,ADMINISTRATIVE COMMITTEE,
THE KUMARAMPUTHUR SERVICE CO-OPERATIVE BANK
LTD NO.P 373, MANNARKKAD COLLEGE P.O,PIN CODE -678 583
BY SRI.K.RAMAKUMAR,SENIOR ADVOCATE
ADVS. SRI.S.M.PRASANTH
SRI.C.DINESH
SRI.G.RENJITH
SMT.ASHA BABU
SMT.AMMU CHARLES
SMT.JINNU SARA GEORGE
RESPONDENT(S):
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1. STATE OF KERALA,
REPRESENTED BY THE CHIEF SECRETARY,
GOVERNMENT SECRETARIAT,THIRUVANANTHAPURAM -695 001
2. THE SECRETARY TO GOVERNMENT,
DEPARTMENT OF CO-OPERATION, GOVERNMENT OF KERALA,
THIRUVANANTHAPURAM -695 001
3. THE REGISTRAR OF CO-OPERATIVE SOCIETIES,
THIRUVANANTHAPURAM-695 001
4. THE KUMARAMPUTHUR SERVICE CO-OPERATIVE BANK
LTD NO.P 373, MANNARKKAD COLLEGE P.O, PIN CODE-678 583,
REPRESENTED BY ITS SECRETARY.
5. THE RETURNING OFFICER TO THE ELECTIONS TO THE
KUMARAMPUTHUR SERVICE CO-OPERATIVE BANK LTD NO.P 373,
MANNARKKAD COLLEGE P.O,PIN CODE -678 583
(INSPECTOR, OFFICE OF THE PALAKKAD P.C.R.D.B
VALUATION OFFICER, PALAKKAD).
2/-
-2-
WP(C).NO.17041/2015
6. THE CO-OEPRATIVE STATE CHIEF ELECTION COMMISSIONER,
THIRUVANANTHAPURAM- 695 001
7. THE ELECTORAL OFFICER TO THE ELECTIONS TO THE
KUMARAMPUTHUR SERVICE CO-OPERATIVE BANK
LTD NO.P 373,MANNARKKAD COLLEGE P.O,PIN CODE-678 583
(P.C.R.D.B VALUATION OFFICER/ASSISTANT REGISTRAR,
PALAKKAD).
*ADDL.R8 IMPLEADED
*R8: A.P.BALAKRISHNAN,
ALANPADATH HOUSE, CHANGALERI.P.O.,
MANNARKKAD, PALAKKAD.
*ADDL.R8 IS IMPLEADED AS PER ORDER DATED 11/8/2016 IN IA.NO.8714/2015.
R1 TO R3,R5 TO R7 BY SR GOVERNMENT PLEADER SRI.PAUL VARGHESE.M.
R4 BY ADVS. SRI.B.S.SWATHY KUMAR
SRI.A.K.RAJESH
SRI.VENKATESH GOPI
SMT.T.RESHMA
ADDL.R8 BY ADV. SRI.SREEDHAR RAVINDRAN
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 11-08-2016, ALONG WITH WPC.NO.17764 OF 2015 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
sts
WP(C).No. 17041 of 2015 (E)
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APPENDIX
PETITIONER(S)' EXHIBITS
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EXHIBIT P1 TRUE COPY OF THE ORDER NO. E(1)/1335/2015/S.C.E.C DATED
31-03-2015 ISSUED BY THE 6TH RESPONDENT
EXHIBIT P2 TRUE COPY OF THE ORDER NO.G.O(P) 68/2015/CO-OP
DATED 25-05-2015
EXHIBIT P3 TRUE COPY OF THE NOTIFICATION NO.816/LEG.H2/2013/LAW
DATED 14-2-2013
RESPONDENT(S)' EXHIBITS: NIL
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/TRUE COPY/
P.A.TO JUDGE
sts
SHAJI P. CHALY, J.
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W.P.(C). Nos.17041, 17764, 19454, 19621,
21935, 37640 of 2015 & 6097 of 2016
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Dated this the 11th day of August, 2016
JUDGMENT
The captioned writ petitions are substantially connected and therefore, I propose to pass a common judgment. The question raised in the writ petitions is in respect of amendments to the Kerala Co-operative Societies Act, 1969, consequent to the introduction of Sections 16A and 19A of the Amendment Act 8 of 2013 and the Kerala Co-operative Societies Rules, 1969, introducing Rule 18A as per the second Amendment Rules, 2014. The amendment relates to the rights and liberties of members to continue as members of the Co- operative Societies and to exercise their rights including the right to vote in the election to the Board of Directors. The incidental question raised in the writ petitions is with respect to the nature of operation of the amendment viz., prospective or retrospective.
W.P.(C). Nos.17041/2015 2 & connected cases
2. The said questions were considered by a Full Bench of this court in Writ Appeal No.580/2015 and other connected cases and held that on the close of the co-operative year 2014- 2015, the amended provisions of the Act and the Rules have become fully operative i.e., on 31.3.2015. It was thereupon held that, the eligibility of the members who cast their votes has to be assessed with reference to the position as on the date of close of the co-operative year after commencement of rule 18A on 26.11.2014, i.e., on 31.3.2015 and further held that, all the amended provisions of the Act and Rules have become fully operative in all respects on the close of the co- operative year 2014-2015 i.e., on 31.3.2015.
3. It is also held that, in respect of cases where preliminary voters' list/final voters' list were published prior to 31.3.2015, the election has to be held based on the unamended provisions and under such circumstances, a fresh resolution shall be passed notifying the date of election to be proceeded with further steps from that stage. It is further W.P.(C). Nos.17041/2015 3 & connected cases held, in respect of notifications issued prior to 31.3.2015 and where the preliminary voters' list was published after the said date, proceedings shall be pursued, assessing the rights of the members concerned to get included in the voters' list, based on the amended provisions of law.
4. Therefore, taking into account the law laid down by the Full Bench judgment, there will be a direction to the respective authority in office of the Co-operative Societies to ensure that proceedings and steps are taken in accordance with the directives issued by the Full Bench recited above, taking note that, the cut off date, 31.3.2015 and the steps for elections or further steps shall be taken in terms of the directives contained in the Full Bench judgment and from the stage at which they are. During the pendency of the writ petitions, if election is conducted in any society, any person aggrieved is at liberty to seek remedy by filing suitable Election Petitions. The societies in which the elections were notified, but did not take place, shall take place and pass W.P.(C). Nos.17041/2015 4 & connected cases appropriate resolution and forward the same to the appropriate statutory authority in accordance with law, at the earliest and at any rate within three weeks from the date of receipt of a copy of this judgment.
Writ petitions are disposed of accordingly and in terms of the law laid down by the Full Bench judgment of this court referred to above.
Sd/-
SHAJI P. CHALY JUDGE smv 17.08.2016