Kerala High Court
P.V.Biju vs The Kerala State Co-Operative Election ... on 28 November, 2018
Author: Anil K.Narendran
Bench: Anil K.Narendran
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN
WEDNESDAY,THE 28TH DAY OF NOVEMBER 2018 / 7TH AGRAHAYANA, 1940
WP(C).No. 32281 of 2018
PETITIONER/S:
P.V.BIJU
AGED 43 YEARS
S/O.P.K.VASU (LATE), PUTHENPARAMBIL HOUSE, RAJAKKAD
P.O., IDUKKI-685566, PRESIDENT, M/S.IDUKKI DISTRICT
PANCHAYAT EMPLOYEES CO-OPERATIVE SOCIETY LTD
NO.1.193, NEDUMKANDAM P.O., IDUKKI DISTRICT-685566.
BY ADVS.
SRI.J.JULIAN XAVIER
SRI.FIROZ K.ROBIN
RESPONDENT/S:
1 THE KERALA STATE CO-OPERATIVE ELECTION COMMISSION
CO-BANK TOWERS, THIRUVANANTHAPURAM-695 011.
2 THE JOINT REGISTRAR
OF CO-OPERATIVE SOCIETIES(GENERAL),OFFICE OF THE
JOINT REGISTRAR(GENERAL),PAINAVU,IDUKKI-685566
3 M/S IDUKKI DISTRICT PANCHAYAT EMPLOYES,
CO-OPERATIVE SOCIETY,LTD NO.1.193,NEDUMKANDAM
P.O.IDUKKI DISTRICT-685566,REPRESENTED BY ITS
SECRETARY.
BY ADV. SRI.S.SUDHISH KUMAR
SRI. MOHAMED HASHIM, SPL. GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
28.11.2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 32281 of 2018 2
JUDGMENT
The petitioner, who was the president of the 3 rd respondent Society, which is a Co-Operative Society registered under the Kerala Co-Operative Societies Act and the rules made thereunder, has filed this writ petition under Article 226 of the Constitution of India seeking a writ of mandamus commanding the 1st respondent to appoint a Returning Officer to conduct the election to the Managing Committee of the said Society on 04.11.2018, in terms of Ext.P1 application dated 05.09.2018 made before the 1 st respondent the State Co-Operative Election Commission. The petitioner has also sought for an order directing the 2 nd respondent Joint Registrar not to appoint an Administrator in the 3 rd respondent Society, taking note of the law laid down by this Court in Jayavarma K v. State Co- Operative Election Commission and others [2017 (2) KHC 190 (DB)].
2. On 04.10.2018, when this writ petition came up for admission, the learned Government Pleader took notice on admission for respondents 1 and 2. Urgent notice on admission by special messenger was ordered to 3rd respondent.
3. On 09.10.2018 when this writ petition came up for consideration, the learned Special Government Pleader, on instructions, submitted that WP(C).No. 32281 of 2018 3 the Assistant Registrar of the Co-Operative Societies has already forwarded Ext.P1 resolution taken by the Managing Committee of the 3rd respondent Society to conduct election on 04.11.2018 and the matter is pending before the 1st respondent State Co-Operative Election Commission.
4. During the pendency of this writ petition the 1 st respondent State Co-Operative Election Commission issued Ext.P6 communication dated 10.10.2018, whereby the application made by the 3 rd respondent Society to conduct election stands rejected, on the ground that Form-6B register maintained in the Society is incomplete. Thereafter the 2 nd respondent Joint Registrar, by Ext.P10 order dated 23.10.2018, appointed an Administrative Committee to manage the affairs of the 3 rd respondent Society, invoking the provisions under sub-section (1) of Section 33 of the Kerala Co-Operative Societies Act, 1969. A copy of the said order is placed on recored along with I.A.No. 4 of 2018 filed by the petitioner. Along with the said interlocutory application, the petitioner has also produced Ext.P11 and P12 orders dated 23.10.2018 regarding removal of one Baiju P.Cherian and Sabu John respectively from the Managing Committee. The petitioner has also filed I.A.No. 5 of 2018 seeking an order directing the 2nd respondent to conduct election WP(C).No. 32281 of 2018 4 to the managing committee of the 3rd respondent within a time frame to be fixed by this Court.
5. Heard the learned counsel for the petitioner, the learned Special Government Pleader appearing for respondents 1 and 2 and also the learned counsel for the 3rd respondent Bank.
6. The learned counsel for the petitioner would submit that, since an Administrative Committee has already been appointed in terms of Ext.P10 order of the 2nd respondent Joint Registrar, the petitioner is now interested only to see that an election to the Managing Committee of the 3rd respondent Society is conducted without further delay.
7. The learned Special Government Pleader would submit that, the 2nd respondent Joint Registrar shall take necessary steps to ensure that, the Administrative Committee appointed in terms of Ext.P10 order takes an appropriate decision to conduct election to the Managing Committee of the 3rd respondent Society, so as to enable the 1st respondent State Co-Operative Election Commission to issue election notification within a period of two months from this date. The said submission is recorded.
In such circumstances, the writ petition is disposed of in terms of the submissions made by the learned Special Government Pleader that, WP(C).No. 32281 of 2018 5 the 2nd respondent shall take necessary steps to ensure that the Administrative Committee appointed in terms of Ext.P10 takes an appropriate decision to conduct election to the Managing Committee the 3rd respondent Society, so as to enable the 1 st respondent State Co- Operative Election Commission to issue election notification within a period of two months from this date.
Sd/-
ANIL K.NARENDRAN JUDGE sree WP(C).No. 32281 of 2018 6 APPENDIX PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE COVERING LETTER FORWARDING THE RESOLUTION DATED 11.8.2018 TO THE 1ST RESPONDENT.
EXHIBIT P2 TRUE COPY OF THE LETTER DATED 25.9.2018 ISSUED BY THE 2ND RESPONDENT TO THE 3RD RESPONDENT.
EXHIBIT P2 A ENGLISH TRANSLATION OF EXT P2
EXHIBIT P3 TRUE COPY OF THE DECISION DATED 20.9.2018
EXHIBIT P3 A ENGLISH TRANSLATION OF EXT P3
EXHIBIT P4 TRUE COPY OF THE RELEVANT PAGES OF THE
MINUTES CONTAINING THE DETAILS OF THE
MEMBERS WHO WERE PRESENT ON 11.8.2018
EXHIBIT P4 A ENGLISH TRANSLATION OF EXT P4
EXHIBIT P5 TRUE COPY OF THE CERTIFICATE DATED 24.9.2018
EXHIBIT P5 A ENGLISH TRANSLATION OF EXT P5
EHIBIT P6 TRUE COPY OF THE COMMUNICATION DATED
10.10.2018 ISSUED BY THE 1ST RESPONDENT TO
THE 2ND RESPONDENT WITH COPY TO THE 3RD
RESPONDENT
EXHIBIT P7 TRUE COPY OF THE NOTICE DATED 08.10.2018
ISSUED BY THE 2ND RESPONDENT TO ONE
BAIJU.P.CHERIAN
EXHIBIT P8 TRUE COPY OF THE REPLY DATED 16.10.2018
SUBMITTED BY SRI.BAIJU.P.CHERIAN
EXHIBIT P9 TRUE COPY OF THE DECISION DATED 13.10.2018
OF THE 3RD RESPONDENT SOCIETY
EXHIBIT P10 TRUE COPY OF THE ORDER DATED 23.10.2018
ISSUED BY THE 2ND RESPONDENT
EXHIBIT P11 TRUE COPY OF HTE REMOVAL ORDER DATED
23.10.2018 ISSUED TO ONE BAIJU.P.CHERIAN
EXHIBIT P12 TRUE COPY OF THE REMOVAL ORDER DATED
23.10.2018 ISSUED TO ONE SABU JOHN