Kerala High Court
J.B.KOSHY
M.Selvi - Appellant
Versus
General Manager, Dist.Industrial Centre - Respondent
Decided On : 07/13/2001
Kerala Co operative Societies Act 1969 - Section 32 - Arbitrarily - Election - Admittedly no show cause notice was issued - Statutory rules contemplated for giving notice to Co-operative union etc were also violated. - A reading of S. 32 itself shows that Legislature has prescribed very strict formalities before supersession of elected body - Held, On facts of this case there was no alarming situation for superseding an elected managing committee dispensing with even a show cause notice and other procedural requirements - Otherwise in every case such a step can be used and violating principles of natural justice and procedural formalities elected body can be superseded arbitrarily - Order accordingly
ORDER :- Petitioner in these two original petitions was the elected President of Thrikkannapuram Handloom Weavers Industrial Co-operative Society Ltd. which is a Society registered under the Co-operative Societies Act. She was elected to the Managing Committee of the Society in the election conducted on 22-5-1999. The term of the previous Committee was over on 28-2-1999. That Committee on 28-9-1998 in the absence of regular Secretary appointed a temporary Secretary for a period of four months on a consolidated pay of Rs. 1,500/-. That appointment was questioned and this Court directed the Society to appoint a regular Secretary within four months from the date of the judgment (Ext. P3 in O.P. No. 3996/2000). Learned Judge also observed that there is no illegality in the temporary appointment. Consequently by order dated 2-12-1998 departmental sanction was received to appoint a Secretary as can be seen from Ext. P2. A Writ Appeal was filed by the General Manager and Division Bench directed the Society to appoint the Secretary within eight weeks from the date of the judgment (Ext. P4). Meanwhile earlier Committee was issued with a notice dated 10-2-1999, just 15 days prior to the date of expiry of their term, asking them to show cause why they should not be superseded.
2. It is the case of the petitioner that the action for supersession of the previous Committee was taken mala fide with a plan to see that the then Committee members should not contest the election again and the Committee should be administered by the Administrator for the political party favouring the General Manager during that time. The petitioner approached this Court and considering the prima facie nature of the contentions, this Court held that even though proceedings for supersession can go on, if adverse order is passed that should not be implemented for a period of two weeks so that they can take further proceedings as can be seen from Ext. P5 judgment in O.P. No. 3905/1999, dated 16-2-1999. In view of the above judgment the plan for superseding the earlier Committee and thus disabling the Managing Committee members to contest the election next time was spoiled and, therefore, no supersession orders were also passed. The Committee"s term came to an end on 28-2-1999.
3. Previous Committee has taken a decision to conduct the election as their term will be over on 28-2-1999. But no Returning Officer was appointed for completing the formalities. That also shows a mala fide nature of the General Manager at that time in not appointing Returning Officer in time as per the resolution passed by the previous Committee. They filed O.P. No. 2625/1999 for compelling the appointment of Returning Officer. The above writ petition was disposed of recording the submission of the Government Pleader that Returning Officer was already appointed and election will be conducted on 25-2-1999 before the expiry of the term of the previous Committee, i.e. 28-2-1999. It is contended that only after the judgment in O.P. No. 2625/99, dated 5-2-99 notice for supersession dated 10-2-1999 was made mala fide for preventing the Committee members from contesting the election. On 26-2-1999 C.M.P. No. 8593/99 in O.P. No. 2625/99 for extending the time for conducting the election (sic). By Ext. P6 dated 1-3-1999 time was extended on condition that elected Committee will continue till new election is over.
4. Disregarding the above directions in Ext. P6 and also without getting permission from this Court an Administrator was appointed violating the Court order in utter contempt of this Court"s order. Contempt of Court Petition (C.C.C. No. 137/99) was filed. By that time against the interim order a Writ Appeal was filed and in the Writ Appeal the Court ordered (to) delete the direction of the learned single Judge that the existing Managing Committee will continue till the election is over by Ext. P5 judgment. But Court ordered following directions :
"The Administrator will be incharge of the
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