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2004 Supreme(Ker) 53

Judges : CYRIAC JOSEPH,K.K.DENESAN
P.Rajendran - Appellant
Versus
The State Co-Operative Election Commission - Respondent
Case No : WA. No. 2965 of 2002(B)
Decided On : 02/13/2004
Advocates Appeared :
For the Appellant: K. Ramakumar, Advocates. For the Respondents : R1 to R4 B.S. Swathi Kumar, R5, P. Ravindran, Advocates.

Headnote:

Kerala Co operative Societies Rules 1969 –Rules 28 and 35A(4) –Appellant is the petitioner in O.P. No.16199 of 2002 dismissed by the Judge respondents herein are the respondents in the said Original Petition –Held, election is to be held in this case on the basis of a fresh resolution of the Administrative Committee, the list of members qualified to vote at the election should be prepared with reference to the original date fixed for election, light of Rr.26(2) and 28(1) of the Kerala Co-operative Societies Rules, a person who acquired the number of shares and was admitted as member of the Bank within 60 days of 9.6.2002, will not be eligible to be included in the voters' list –Writ Appeal is disposed.

Judgment :-

Cyriac Joseph, J.

1. The appellant is the petitioner in O.P.No.16199 of 2002 which was dismissed by the learned Single Judge. The respondents herein are the respondents in the said Original Petition.

2. The dispute relates to election to the Managing Committee of the Kumaramputhoor Service Co-operative Bank Limited No.373 (hereinafter referred to as “the Bank”). As per resolution dated 4-4-2002 of the Administrative Committee of the Bank, it was resolved to conduct election to the Managing Committee of the Bank on 9-6-2002. The said resolution was sent to the State Co-operative Election Commission (first respondent) through the Joint Registrar of Co-operative Societies (General), Palakkad (second respondent). As per Ext.P1 election notification dated 27-04-2002 issued by the first respondent, the election was scheduled to be held on 9-6-2002. The date for filing the nomination papers was 27-5-2002, the date for scrutiny of the nomination papers was 28-5-2002 and the date for withdrawal of the nomination papers was 29-5-2002. The preliminary list of active members eligible to vote in the election was to be published on 13-5-2002 and the objections to the preliminary voters’ list was to be filed before 5 p.m. on 17-5-2002 and the final voters list was to be published on 18-5-2002. A preliminary voters list was published by the Electoral Officer (4th respondent) on 13-5-2002. But, before preparing and publishing the final voters list, the first respondent issued Ext.P2 circular dated 14-5-2002 directing that in view of the coming into force of the Kerala Co-operative Societies (Amendment) Ordinance, 2002 (Ordinance No.6/2002) on 4-5-2002, elections to Co-operative Societies shall be held only after including all eligible members in the preliminary/final voters list published on or after 4-5-2002. It was pointed out in Ext.P2 that as per the said Ordinance, not only the active members but all the members of the Society were given the right to vote. It was also directed that the Electoral Officers should immediately stop the election proceedings in the case of Societies where preliminary/final voters list was published on or after 4-5-2002 including only active members in such list. It was further directed that fresh date for conducting the election should be decided by the Societies in terms of Rule 35A(4) of the Kerala Co-operative Societies Rules and the resolution should be sent to the State Co-operative Election Commission through the Joint Registrar (General) concerned. Based on Ext.P2 circular of the first respondent, the 4th respondent published Ext.P3 notice dated 19-5-2002 stating that proceedings to conduct election to the Managing Committee of the Bank on 9-6-2002 were stopped until further orders. Thereafter, the Administrative Committee of the Bank met on 11-6-2002 and passed a fresh resolution (Ext.P4) to conduct the election on 30-6-2002. The said resolution of the Administrative Committee was forwarded to the first respondent through the Joint Registrar of Co-operative Societies, Palakkad. In Ext.P4 resolution the Administrative Committee took the stand that Ordinance No.6 of 2002 was not applicable to the bank as the election proceedings had already commenced and that the election proceedings should be continued from the stage where it was stopped and the election should be held on 30-6-2002. Alleging that the respondents were not taking any effective action to conduct the election as per Ext.P4 resolution of the Administrative Committee, the petitioner who is the convener of the Administrative Committee filed Original Petition on 17-6-2002 praying to quash Exts.P2 and P3 and to direct respondents 1, 3 and 4 to conduct the election on 30-6-2002 as per Ext.P4 resolution. Along with the Original Petition C.M.P.No.27499 of 2002 was filed praying for stay of all further proceedings pursuant to Exts.P2 and P3. Though notice was ordered on the Original Petition and the C.M.P. on 25-6-2002, no interim order was




















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