1. These writ petitions relates to the conduct of election to the Board of Directors of Andoorkonam Service Co-operative Bank Ltd and hence decided by this common judgment.

2. The facts involved in the case would disclose that the term of Board of Directors of the Bank expires on 18/09/2012. The Board of Directors had decided to conduct election on 26/08/2012. The first respondent, State Co- operative Election Commission appointed Returning Officer for conducting the election as per proceedings dated 06/07/2012. By a separate proceedings dated 06/07/2012, an Electoral Officer was also appointed. As per the schedule of the election, the preliminary voters list had to be published on 23/7/2012. The objections were to be called for by 31/12/2012. The final voters list was to be published on 01/08/2012. The last date of submitting nomination was on 09/08/2012. Scrutiny of nomination was to be done on 10/08/2012. The last date for withdrawal of nominations was on 13/08/2012 and the election was to be conducted on 26/08/2012. It is stated that the final voters list was published after verifying the objections. The writ petition is filed for appointing an Advocate Commissioner to oversee further proceedings in the election to be held as notified. Petitioner apprehends interference by the official respondents in respect of the election process and hence sought for a declaration that they shall not interfere in the election proceedings on any ground except those mentioned in Rule 35A(6)(v) and 35A(6)(x) of the Kerala Co-operative Societies Rules 1969 (hereinafter referred to as 'the Rules'). Hence the President of the Board of Directors, by W.P.C.No.18455 of 2012 seeks appointment of Advocate Commissioner and for non-interference by the respondents other than by invoking the provisions of the rules.

3. W.P.C.No.19304 of 2012 came to be filed by the petitioner in W.P.C.No.18455 of 2012, as subsequent to the filing of W.P.C.No.18455 of 2012 the Election Commission, by Ext.P6 had withdrawn the earlier notification for conduct of the election by invoking power under Rule 16A and 35A of the Rules. In Ext.P6 it is inter alia stated that Form 6B Register was not properly maintained. This according to the petitioner is without authority as the Assistant Commissioner has no authority to invoke any power other than Rule 35A(6) (e)(v) and 6 (m)(x) of the Rules. It is therefore contended that issuance of Ext.P7 is arbitrary and illegal and allegations stated in Ext.P6 are devoid of any merit. Ext.P7 is a consequential order passed pursuant to Ext.P6 cancelling the earlier notification.

4. W.P.C.No.29857 of 2012 is filed by a member of the Bank challenging the proceedings of the Election Commission as stated in 19304 of 2012. Exts.P4 and P5 are the impugned orders of the Election Commission in this case which are the same as Exts.P6 and P7 in W.P.C 19304 of 2012.

5. Counter affidavit is filed by the 1st respondent in W.P.C.No.19304 of 2012. It is inter alia contended that when the process of election was going on, the respondent has received several complaints regarding the electoral roll, maintenance of 6B register, issuance of identity cards to eligible members etc. When reports were called for from the Electoral Officer, it was informed that the said officer had also received similar complaints which cannot be rectified within the prescribed time limit. Respondent personally visited the bank and inspected the records relating to the election and found various irregularities which are narrated in the counter affidavit. It is stated that in many 6B forms, the identity cards, photos of the members are not affixed. In the case of affixed photos there is no signature and seal of the Chief Executive of the Co-operative Bank. Large number of identity cards are not genuine and in many 6B forms only member number is entered and other particulars are kept blank. Seal of the bank is not affixed in many photographs in 6B forms and in many 6B forms