HIGH COURT OF KERALA
ANTONY DOMINIC & ALEXANDER THOMAS, JJ.
N. Surendran & Another – Appellants
Versus
Poovattur East Service Co-Operative Bank Ltd. & Others – Respondents
W.A. Nos. 75 & 80 of 2015 & W.P. (C) 17125 of 2014
Decided On : 21-01-2015
Kerala Co operative Societies Act, 1969 - Section 20 - Kerala Co operative Societies Rules, 1969 - Rule 18A - voting right - active members - inactive members -Findings of -Held, Question of ineligibility of a member to continue to be a member for the reasons stated in Section 16A for not attending annual general body meeting and not availing of the services of the society and the consequent removal can be ascertained or determined only after the close of year as contemplated under Rule 18A - for completing the entire process as contemplated under sub rule (2), the Committee has a total period of ninety days from the completion of every year. "Year" is defined in section 2(u) as the period commencing on the first day of April of any year and ending with 31st of March of the succeeding year - Court also find from the words of Section 20 that before its amendment by Act 3 of 2002 w.e.f. 4.5.2002, the voting right was recognised only in favour of every active member of the society - This therefore means that the statute as it now stands does not make any distinction between active members and inactive members in so far as the voting right as provided under Section 20 is concerned.
Antony Dominic, J.
1. The writ appeals are filed against the common judgment of the learned single Judge in WP(C) Nos.17125 and 18753/2014.
2. We shall briefly state the facts which led to the filing of the writ petitions. Poovattoor East Service Co-operative Bank Ltd (hereinafter referred to as 'Bank' for short) is registered under the Kerala Co-operative Societies Act. On 6.6.14, notification was published by the Election Commission, to elect eleven members of the Board of Directors of the Bank. In terms of the schedule fixed in the notification, preliminary voters' list was published on 26/3/14 and final voters' list was published on 2.7.14. Nominations were accepted on 10/7/14 and election was scheduled to be held on 27.7.14.
3. In the meantime, on 14/7/14, the Election Commission issued an order (Ext.P10 in WP(C) No.18753/14) temporarily, but indefinitely, postponing the election declared by notification dated 6.6.14. In this order, reference was made to a complaint made by Sri.N.Surendran, the 1st appellant in WA No.75/15 and the appellant in WA No.80/15, on 1/7/14 complaining to the Election Commission against the preliminary voters' list, which in essence was, that the list contained names of many persons who were ineligible to vote. It is also stated that, on its receipt, the complaint was sent to the Electoral Officer and that the Electoral officer by his report dated 8.7.14, reported that due to paucity of time, he was unable to make a detailed enquiry and submit his report. On this basis, it is stated that in view of the report of the Electoral Officer dated 8.7.14 and that since a perfect electoral roll was essential, it was necessary to temporarily postpone the election.
4. On 14.7.14 itself, the Election Commission issued another order (also produced as Ext.P10 in WP(C) No.18753/14), withdrawing the notification dated 6.6.2014. Here itself, we record that learned special Government Pleader has clarified in Court that this order dated 14.7.2014 of the Election Commission was intended only to cancel the appointment of the Electoral Officer and the Returning Officer and was not meant for the cancellation of the notification dated 6.6.2014, in its entirety.
5. On 3.7.14, the appellants in WA No.75/15 filed WP(C) No.17125/2014. In this writ petition, their prayers were to direct the Returning Officer to permit the voters to exercise their voting right after identifying the voters with Form-6B Register and to direct that the election process till counting of votes be videographed. There was also a prayer to direct the Joint Registrar to consider Ext.P1 petition therein made by the 1st appellant on 19.5.14 in terms of Rule 16(4) of the Kerala Cooperative Societies Rules. Consequential reliefs were also sought for.
6. In so far as WP(C) No.18753/14 is concerned, that was filed by the Board of Directors of the Bank, on 18/7/14, seeking to quash the order dated 14.7.14 issued by the Registrar which was produced as Ext.P10. They also sought a direction to the respondents therein to complete the process of election as notified in the notification dated 6.6.2014, by conducting the polling on 27.7.14 itself. Here also, consequential reliefs were sought for.
7. The writ petitions were heard together and the learned single Judge by a common judgment rendered on 9.12.2014 disposed of the cases. In so far as WP(C) No.17125/2014 is concerned, the learned single Judge held that the complaint made by the petitioner therein against draft voters' list, did not contain any specific ground rendering each person mentioned therein disqualified to vote and that the general allegations made therein cannot be looked into by the Electoral Officer. In so far as WP(C) No.18753/2014 is concerned, the learned single Judge directed that election to the Board of Directors of the Bank be held with all expediency on the basis of the draft voters' list handed over by the managing committee and the final voters' list published by the Electoral Office
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