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2014 Supreme(Ker) 641

High Court of Kerala
ANTONY DOMINIC & ANIL K. NARENDRAN, JJ.
Velloor Service Co-Operative Bank Ltd. represented by its President, M.I. Rajappan
Versus
State of Kerala represented by The Principal Secretary To Govt., Co-Operation © Department & Others
WA. No. 1833 of 2014 In WP(C) 30365 of 2014
Decided On : 03-12-2014

Advocates Appeared:
For the Appellant :T.A. Shaji, Sr. Advocate, M.A. Asif, Advocate.
For the Respondents:R1 - R6, D. Somasundaram, Spl. Government Pleader, R7, George Poonthottam, Advocate.

Headnote:Kerala Co-operative Societies Rules, 1969, Rules 35A (4) - The particular of the voters should include their full details before submitting it to the election officer.

Judgment :

Anil K. Narendran, J.

1. The appellant is the petitioner in W.P.(C)No.30365/2014. The appellant, a Co-operative Society registered under the Kerala Co-operative Societies Act, 1969, approached this Court in W.P.(C)No.30365/2014 seeking a writ of certiorari to quash Ext.P4 notification and Ext.P5 communication dated 12.11.2014 issued by the Kerala Co-operative Election Commission, the 4th respondent herein, and seeking various reliefs including a writ of mandamus commanding the 4th respondent-Election Commission and the 5th respondent-Returning Officer to conduct elections to the Managing Committee of the appellant-society as scheduled in Ext.P1 order and Ext.P2 notification dated 10.10.2014 of the Election Commission.

2. By judgment dated 02.12.2014, the learned Single Judge dismissed the writ petition holding that there is no infirmity in the Election Commission having interfered with the election. But, it was made clear that, even if an Administrator or Administrative Committee is appointed, expeditious steps shall be taken to conduct the election. It is aggrieved by the judgment of the learned Single Judge, the appellant is before us in this writ appeal.

3. We heard the learned Senior Counsel appearing for the appellant, the learned Special Government Pleader appearing for the official respondents and also the learned counsel appearing for the party respondent.

4. By Ext.P1 order of the Election Commission, the election to the Managing Committee of the appellant-society was scheduled to be held on 23.11.2014. Ext.P2 is the election notification issued by the Election Commission. The draft voters list was published on 20.10.2014 and the final voters list was also published on 29.10.2014. Ext.P3 is the list of candidates published containing the names of 28 candidates. However on 12.11.2014, the Election Commission cancelled the election by Ext.P4 notification for the reason that, complaints received by the Election Commission indicated that, the voters list was not drawn up properly. Based on the said complaints, the Election Commission called for a report from the Electoral Officer, who submitted a report stating that, since the age and address of the voters were not included in the voters list handed over by the Managing Committee, it was not possible to verify whether any persons residing outside the area of operation of the appellant-society are wrongly included in the voters list. Since there are more than 10,804 members in the appellant-society, the verification of the voters list would require considerable time. Hence, it was impossible to complete a democratic and transparent electoral process within the time stipulated in the election notification. Based on the report of the Electoral Officer, the Election Commission issued Ext.P4 notification temporarily postponing the election scheduled to be held on 23.11.2014, on a finding that, to ensure a democratic and transparent election, the electoral process has to be rescheduled from the stage of publication of the preliminary voters list.

5. According to the appellant, every details required to be included in terms of sub-rule (4) of Rule 35A of the Kerala Cooperative Societies Rules, 1969, in the voters list are included correctly in Ext.P6 final voters list. The stand of the respondents that address of the voters are not mentioned in the voters list is untenable, as what is lacking in the address, if at all there is any, is only the name of the post office. However, it is inconsequential, since there is only one post office in the area of operation of the appellant-society. All such details are there in the membership register and also in the identity cards issued to the members. The learned Senior Counsel for the appellant would also contend that the action of the Election Commission in postponing the election is vitiated by malafides.

6. State Co-operative Election Commission has been constituted under Section 28B of the Act for the superintendence, directi






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