The main legal point established in the judgment is the interpretation of Rule 35A of the Kerala Cooperative Societies Rules, 1969, emphasizing that the thirty-five days requirement for submission of the voters list is not mandatory but directory. The court also highlighted the importance of conducting the election before the expiry of the existing board's term as mandated by the Constitution and the Kerala Co-operative Societies Rules, 1969.

1. The aforesaid review petition and the writ petitions are materially and substantially connected in relation to election to the Pattanakkad Service Co-operative Bank Ltd. No. 1144, and therefore, I heard them together and propose to pass a common order/judgment.

2. The additional 4th respondent in W.P.(C) No. 16693 of 2017 is the review petitioner. The writ petition was disposed of by this Court on 07.06.2017, directing the State Co-operative Election Commission, i.e. the 3rd respondent in the writ petition to act upon Exts.P1 and P2, i.e. the resolution dated 05.04.2017 adopted by the Bank and a request letter dated 11.04.2017, and conduct the election at the earliest possible, and at any rate, within one month from the date of receipt of a copy of the judgment.

3. According to the review petitioner, the proposed date of election in terms of Exts.P1 and P2 was 18.06.2017. In compliance with the judgment, the Election Commission issued Annexure-A2 notification dated 23.06.2017 to hold the election on 22.07.2017. However, it is submitted that the election notification is issued solely in compliance of the judgment of this Court, and thereupon, there is an error apparent on the face of the record, since the statutory requirement contained under Rule 35A of the Kerala Cooperative Societies Rules, 1969 [for short, 'the KCS Rules'] is not followed.

4. W.P.(C) No.21600 of 2017 is filed by a member of the aforesaid Bank, challenging Annexure-A2 election notification on the very same grounds raised in the review petition, i.e. the notification is in violation of the statutory requirements contained under Rule 35A. W.P.(C) No.19978 of 2017 is filed by some members of the very same society, seeking a direction to conduct election in accordance with the resolution passed by the Bank, and also to appoint an Administrative Committee with any three members of the present Managing committee, since the term of the committee is due to expire on 14.07.2017. In my considered opinion, if the issue raised in the review petition is sorted out, the other two writ petitions can be disposed of, guided by the findings rendered therein.

5. As I have pointed out earlier, the issue centres around Rule 35A(4) of the KCS Rules, which read thus:

“35A. Procedure regarding conduct of election to the committee of Societies by the State Co-operative Election Commission.

(1) x x x x x x x x x

(2) x x x x x x x x x

(3) x x x x x x x x x

(4) The State Co-operative Election Commission shall appoint an Electoral Officer from among the officers of the concerned Administrative Department, who shall be responsible for the publication of the list of members qualified to vote at the election in accordance with the provisions of the Act, rules and bye-laws as stood on a date 60 days prior to the date fixed for the poll. The list shall contain the admission number, name of the member, name of father or husband and the address of such member. Such list shall also contain the name and other particulars of the delegate in cases where the member is a society or corporation or a statutory or non-statutory Board, Committee or other body of persons which is a member of another society or Government. It shall be the duty of the Chief Executive of the concerned society to prepare, up date the list as per the Rules and submit voters list duly approved by the Committee, to the Electoral Officer within thirty five days prior to the date fixed for election and render all assistance required by the Electoral Officer. It is the duty of the Electoral Officer to publish the preliminary voters list in Form No. 34 in the Notice Board of the Head Office and branches, if any, of the society and call for objections if any, on the voters list within seven days of publication and publish final voters list in Form No. 35 within twenty days prior to the date fixed for the poll. The final voters list so prepared should be published in the Head Office and branches of the concerned society. A copy o