IMPORTANT POINT
No court can extend the statutory period in election matters.

JUDGMENT :

KURIAN, J.

SLP (C) No. 15765 OF 2017 and SLP (C) Nos.15768-15772 OF 2017

1. Leave granted.

2. Whether the High Court, in exercise of its power under Article 226 of the Constitution of India could have extended the statutory period, within which an Election Petition under the Kerala Cooperative Societies Act, 1969 (in short, “the Act”) should have been entertained, is the legal question arising for consideration in these appeals.

3. The dispute pertains to the election to the Thiruvalla East Cooperative Bank Ltd. (hereinafter referred to as, “Cooperative Society”). Writ Petition (C) No. 34019 of 2016 and other connected matters filed before the High Court of Kerala pertain to the election to the Cooperative Society. The prayers in the writ petition read as follows :-

“(i) Issue a writ of certiorari, or other appropriate writ, order or direction to quash Ext. P3 election notification, Ext. P4 preliminary voters list, and Ext. P9 final voters list.

(ii) To direct the respondents to prepare an electoral role including all the members of the society and publish and conduct the election with that voters list.

(iii) To declare that the exclusion of members from the voters list for the ensuring election prepared applying Section 16A and 19A of the Cooperative Societies Act is inoperative and that in view of the exemption order issued by the Government by G. O. (P) No. 100/16 dated 15/10/2016 all members of the society are entitled to exercise their franchise in the election.

(iv) Issue a writ of mandamus or other appropriate writ, order or direction directing the respondents to prepare the voters list including all members of the society and re-notify the election in accordance with law.”

4. The learned Single Judge referred all the matters to a Larger Bench by order dated 27.10.2016. The Division Bench, as per order dated 01.11.2016 passed an interim order. The order reads as follows :-

“1. We would not have normally interfered with the election process to the managing committee of the Thiruvalla East Co-operative Bank Limited but for the startling developments unfolded. It is not in dispute that the election calender has been published pursuant to the judgment in W.A. No. 1869/2016 as per which the polling has to take place on 05/11/2016. But what baffles us is the fact that the final voters list contains only 28 members as against 611 members found in the preliminary voters list published. The reason for such drastic depletion in the number of members eligible to vote has been disclosed in the statement filed by the electoral officer as follows:

"Out of more than 70,000 members of the society in the 57th General Body Meeting, only 94 members attended the meeting. In 58th General Body Meeting, 121 members attended the meeting. It is recorded that in the 59th General Body Meeting, 749 members attended the meeting. A perusal of the attendance in three consecutive General Body Meetings would show that only 33 members have attended all the three consecutive General Body Meetings and out of the said 33 members, only 28 members availed the service of the Bank for the two consecutive years."

Thus the reason for exclusion of 611-28 = 583 members is that they have not attended three general body meetings of the society consecutively in order to be eligible for figuring as a voter.

2. There is no hesitation for us to hold that the statutory provision contained in Section 16A(1)(b) of the Kerala Co-operative Societies Act has been misconstrued by the electoral officer. The same reads as follows:

"16A. Ensuring participation of members in the management of societies :-

(1) no member shall be eligible to continue to be a member of a co-operative society if he, (a) is not using the services of the society for two consecutive years or using the services below the minimum level as may be prescribed in the rules or the bye-laws;

(b) has not attended three consecutive general meetings of the society and such absence has not been condoned by the members in