Kerala High Court
Pallickal Farmers Service ... vs State Of Kerala on 5 June, 2014
Author: K.Surendra Mohan
Bench: K.Surendra Mohan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE K.SURENDRA MOHAN
THURSDAY, THE 10TH DAY OF JULY 2014/19TH ASHADHA, 1936
WP(C).No. 17577 of 2014 (V)
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PETITIONER(S):
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1. PALLICKAL FARMERS SERVICE CO-OPERATIVE BANK LTD. NO.T.230
PALLICKAL P.O., KILIMANOOR,REPRESENTED BY ITS PRESIDENT
B.UNNIKRISHNAN PILLAI.
2. B.UNNIKRISHNAN PILLAI,RESIDING AT ADUKKOON VEEDU,
PAKALKURI P.O., PALLICKAL,KILIMANOOR, THIRUVANANTHAPURAM,
PRESIDENT,PALLICKAL FARMERS SERVICE CO-OPERATIVE BANK
LTD.T.230.
BY ADVS.SRI.THOMAS ABRAHAM
SMT.MERCIAMMA MATHEW
SRI.ASWIN.P.JOHN
RESPONDENT(S):
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1. STATE OF KERALA,REPRESENTED BY THE SECRETARY TO
GOVERNMENT,DEPARTMENT OF CO-OPERATION,SECRETARIAT,
THIRUVANANTHAPURAM-695001.
2. KERALA STATE CO-OPERATIVE ELECTION COMMISSION,
CO-BANK TOWERS, TRIVANDRUM.695033.
3. ELECTORAL OFFICER,ELECTION TO THE MANAGING COMMITTEE OF
PALLICKAL FARMERS SERVICE CO-OPERATIVE BANK LTD.NO.T.230
KILIMANOOR O/O.ASSISTANT REGISTRAR OF CO-OPERATIVE
SOCIETIES (G),CHIRAYINKIL,THIRUVANANTHAPURAM.695006.
4. RETURNING OFFICER,ELECTION TO THE MANAGING COMMITTEE OF
PALLICKAL FARMERS SERVICE CO-OPERATIVE BANK LTD.NO.T.230,
KILIMANOOR,O/O.ASSISTANT REGISTRAR OF CO-OPERATIVE
SOCIETIES (GENERAL) CHIRAYINKIL,TRIVANDRUM.695006.
5. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL),
THIRUVANANTHAPURAM-695001.
6. ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL)
CHIRAINKIL, TRIVANDRUM.695006.
7. MANAGING DIRECTOR,PALLICKAL FARMERS SERVICE CO-OPERATIVE
BANK LTD.NO.T.230,KILIMANOOR P.O., PIN 695604.
BY SPL. GOVT.PLEADER SRI.D.SOMASUNDARAM
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 10-07-2014, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
pk
WP(C).No. 17577 of 2014 (V)
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APPENDIX
PETITIONER(S)' EXHIBITS
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EXHIBIT-P1: THE TRUE COPY OF THE ORDER NO.E(1)/1418/2014/S.C.E.C.
DATED 5.6.2014 OF THE STATE CO-OPERATIVE CHIEF ELECTION
COMMISSIONER.
EXHIBIT-P2: THE COPY OF THE JUDGMENT DATED 3.8.2012 IN W.P.(C)
NO.18342 OF 2012.
EXHIBIT-P3: THE TRUE COPY OF THE NOTICE NO.C.R.P.(2) 2498/2014
DATED 24.6.2014 ISSUED BY THE 5TH RESPONDENT.
EXHIBIT-P4: THE TRUE COPY OF THE OBJECTION TO EXHIBIT-P3 NOTICE SENT
BY S.AJAYAKUMAR.
EXHIBIT-P4(A): THE TRUE COPY OF THE OBJECTION TO EXHIBIT-P3 NOTICE
SENT BY ABDUL RAHIM.
EXHIBIT-P4(B): THE TRUE COPY OF THE OBJECTION TO EXHIBIT-P3 NOTICE
SENT BY H.M.SUDHEER.
EXHIBIT-P4(C): THE TRUE COPY OF THE OBJECTION TO EXHIBIT-P3 NOTICE
SENT BY C.RAJENDRAN.
EXHIBIT-P4(D): THE TRUE COPY OF THE OBJECTION TO EXHIBIT-P3 NOTICE
SENT BY ABDUL BASHEER.
EXHIBIT-P5: THE TRUE COPY OF THE COMMUNICATION ISSUED BY THE
MANAGING DIRECTOR OF THE BANK REVEALING THAT ALL THE
LIABILITIES HAVE BEEN SETTLED IN THE CASE OF S.AJAYKUMAR.
EXHIBIT-P5(A): THE TRUE COPY OF THE COMMUNICATION ISSUED BY THE
MANAGING DIRECTOR OF THE BANK REVEALING THAT ALL THE
LIABILITIES HAVE BEEN SETTLED IN THE CASE OF ABDUL RAHIM.
EXHIBIT-P5(B): THE TRUE COPY OF THE COMMUNICATION ISSUED BY THE
MANAGING DIRECTOR OF THE BANK REVEALING THAT ALL THE
LIABILITIES HAVE BEEN SETTLED IN THE CASE OF H.M.SUDHEER.
EXHIBIT-P5(C): THE TRUE COPY OF THE COMMUNICATION ISSUED BY THE
MANAGING DIRECTOR OF THE BANK REVEALING THAT ALL THE
LIABILITIES HAVE BEEN SETTLED IN THE CASE OF C.RAJENDRAN.
EXHIBIT-P5(D): THE TRUE COPY OF THE COMMUNICATION ISSUED BY THE
MANAGING DIRECTOR OF THE BANK REVEALING THAT ALL THE
LIABILITIES HAVE BEEN SETTLED IN THE CASE OF ABDUL BASHEER.
EXHIBIT-P6: THE TRUE COPY OF THE REPRESENTATION DATED 7.7.2014
SUBMITTED BY THE PETITIONER.
RESPONDENT(S)' EXHIBITS: NIL
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//TRUE COPY//
P.S.TO JUDGE
pk
K.SURENDRA MOHAN, J.
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W.P.(C) No.17577 of 2014-V
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Dated this the 10th day of July, 2014
J U D G M E N T
The petitioners have filed this writ petition aggrieved by Exhibit P3 notice issued by the 5th respondent. According to the counsel for the petitioners, an election has already been notified as per Exhibit P1 and the proceedings are progressing as per the schedule contained in Exhibit P1. The date for submitting nominations is over. The Polling is scheduled to be conducted on 26.07.2014. Therefore, issue of Exhibit P3 notice at this stage is absolutely unwarranted, according to the counsel for the petitioners. It is also contended that, the oblique motive in issuing Exhibit P3 is to interfere with the process of election.
2. A perusal of Exhibit P3 shows that, it is only a notice requiring five members of the Managing Committee in office to explain why they should not be disqualified. The allegation against them is that, they are defaulters in -:2:- W.P.(C) No.17577 of 2014-V respect of a loan that they had availed from the bank. Therefore, the allegation is that, they have entailed disqualification under Rule 44(1)(c)(1) of the Kerala Co- operative Societies Act, 1969.
3. According to the counsel for the petitioners, the notice Exhibit P3 was served only on 05.07.2014 intimating them that a hearing was scheduled on 07.07.2014. Three of them had appeared and submitted Exhibit P4 series explanations in answer to the allegations. They also sought for an adjournment of the hearing to another date. It is contended that no orders have been passed in the matter till date.
4. It is pertinent to note that, none of the persons against whom Exhibit P3 show cause notice has been issued are before me. Therefore, it is not clear whether they have any complaint against the manner in which the proceedings are being pursued. The fact remains that, no orders have been passed against them, till date. The petitioners are in -:3:- W.P.(C) No.17577 of 2014-V no way prejudiced by the show cause notice Exhibit P3 which has not been issued to them. I am not satisfied that any presumption that the entire action is calculated to interfere with the election process is warranted. Persons against whom action has been initiated by Exhibit P3 would be at liberty to challenge the final proceedings, if any, after they are issued.
In the present circumstances, I do not find any grounds to interfere with Exhibit P3 or to grant any of the reliefs sought for. This writ petition fails and is accordingly dismissed.
Sd/-
K.SURENDRA MOHAN, JUDGE kkj