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2010 Supreme(Ker) 63

High Court of Kerala
THE HONOURABLE MR. JUSTICE C.N. RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE V.K. MOHANAN
George Kuruvilla & Others
Versus
Kerala State Co-operative Election Commission & Others
WA.Nos.2392 of 2009 (E), 2397 of 2009 & 76 of 2010, W.P.(Cs.)No.29627 of 2009 & 30106 of 2009
Decided on : 22-01-2010

Advocates Appeared: For the Appellants:N.N. Sugunapalan, Senior Advocate, S. Subhash Chand, Advocate. For the Respondents:R2 & R3, T.K. Vipin Das, Govt. Pleader, R6, P. Ravindran, Senior Advocate.

Headnote:

Kerala Co operative Societies Rules 1969,Rule. 35A( 3) - Appellants in the Writ Appeals petitioners in the Writ Petitions Government Pleader and counsel appearing for the other respondents and additional respondents impleaded under interim orders -Held, Whether the learned Single Judge was justified in directing holding of election on 24.10.2009, after the Election Commission issued orders postponing the election on 21.10.2009 and the same was published in the newspapers - Appeals are allowed.

Judgment :-

Ramachandran Nair, J.

Since related issues are involved in the connected writ appeals and writ petitions, we have grouped the matter together and heard counsel appearing for the appellants in the writ appeals, petitioners in the writ petitions, Government Pleader and counsel appearing for the other respondents and additional respondents impleaded under interim orders.

2. The State Co-operative Election Commission issued notification on 23.09.2009 for holding election to the Board of Directors of the Thiruvalla East Co-operative Bank Ltd. No.3260. The election was fixed on 24.10.2009. The tenure of the then existing Board was expiring on 8.11.2009. However, the above writ petitions were filed in this Court stating that there was irregularity in the maintenance of Form 6B Register of members and issuance of election identification cards with photographs of the members. The allegation made by some of the members in the writ petitions was that all members, who were issued with photo identification cards, do not find their names in the register of members maintained by the Bank and so much so, at lease some members will not be allowed to vote. In fact, pursuant to appointment of Chief Electoral Officer by the State Co-operative Election Commission, enquiry was conducted and report was filed by him to the Election Commission stating that there is irregularity in the maintenance of Form 6B register of the members and issuance of photo identification cards to members to make them eligible to vote in the election. Rightly or wrongly, the Election Commission postponed the election by it's order dated 21.10.2009 and the same was published in all newspapers on 23.10.2009, i.e. one day prior to the date on which poll was fixed under the first notification. However, some of the contesting candidates moved this Court for orders for holding the election on the date fixed earlier i.e., 24.10.2009. This Court, taking note of an earlier Division Bench order on 30.9.2009 directing the Election Commission to proceed with holding of the election on the date notified, found that the postponement of election was against Division Bench orders of this Court. Therefore, under interim orders issued, on 23.10.2009, the learned single Judge directed the society to proceed with the conduct of the poll on 24.10.2009 ignoring the postponement notified by the Election Commission and published in newspapers. This Court issued follow up interim orders appointing an Advocate Observer to oversee the election and directed the Police to provide protection for peaceful election. In the election so held, only 4,416 members participated and cast their votes. There are total 68,000 members in the Bank out of which at least around 25,000 have been issued with photo identification cards for the election. Pursuant to the holding of election and declaration of election results under interim order in W.P.(Cs), the successful candidates have constituted the Board and they are provisionally managing the affairs of the Bank. This Court has, under interim orders, permitted the Board only to deal with routine matters and not to take decision on major policy matters without prior approval of this Court. The interim orders issued by the learned single Judge to hold election on 24.10.2009 even after publication of postponement of election in newspapers by the Election Commission was taken up in appeal before the Division Bench. However, the Division Bench did not interfere. The matter was taken to the Supreme Court as well and the Supreme Court, leaving all the matters to be decided by the Division Bench of this Court, closed the S.L.P.

3. The only question to be considered in the writ appeals is whether the learned single Judge was justified in directing holding of election on 24.10.2009, after the Election Commission issued orders postponing the election on 21.10.2009 and the same was published in the newspapers on 23.10.2009. Counsel appearing for the Bank represented

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