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2018 Supreme(Ker) 820

IN THE HIGH COURT OF KERALA AT ERNAKULAM
V. CHITAMBARESH, R. NARAYANA PISHARADI, JJ.
R.G. Harilal, S/o R. Gopinathan - Petitioners
Versus
The Joint Registrar Of Co-Operative Societies (General) & Ors. - Respondents
WA. No. 2414 of 2018
Decided On : 13-12-2018

Advocates Appeared:
For the Petitioners: Adv. Sri. George Poonthottam.
For the Respondents: SRI. K.S. MOHAMAD HASHIM, SPL. GOVT. PLEADER, ADV. SRI. P.C. SASIDHARAN.

Headnote:The Kerala Co-operative Societies Act, 1969 (`the Act`) and the Kerala Co-operative Societies Rules, 1969- An identity card cannot be laminated so long as Rule 16A or any other provision do not permit so even though it might be handy, water proof or even tamper proof - The Joint Registrar was well within his powers under Section 66A of the Act to direct the Society to recall the laminated cards with bar codes and issue fresh identity cards- The election would be vulnerable to challenge if laminated cards with bar code are used and the interference of the Joint Registrar.

       Facts of the case:

       The members of the Police Co-operative Society Limited complained to the Joint Registrar (General) of Cooperative Societies about the legality of the identity cards issued-The Joint Registrar thereupon called for a report from the Assistant Registrar (General) who after inspection found that the allegation in the complaint is well-founded- The Administrative Committee of the Society was accordingly directed by the Joint Registrar to issue fresh identity cards conforming to the statutory prescriptions- The appellant who is the Convener of the Administrative Committee objected to this course and the Assistant Registrar again reported about the non-compliance-- It was under these circumstances did the Joint Registrar issue Ext.P6 order directing the cancellation of the existing identity cards and issue anew as per law

       Finding of the court:

       The Act and the Rules framed there under as it now stand do not permit voting in an election by the members of a Society with laminated identity card and bar code- The Joint Registrar was well within his powers under Section 66A of the Act to direct the Society to recall the laminated cards with bar codes and issue fresh identity cards-The election would be vulnerable to challenge if laminated cards with bar code are used and the interference of the Joint Registrar by issuing Ext.P6 order was timely

       Result : Dismissed.

JUDGMENT :

CHITAMBARESH, J.

1. “Why not modernise the voter's identity card by lamination and bar code” muses Mr. George Poonthottam, Advocate for the appellant. “It cannot be so done in the absence of statutory sanction” quips Mr. P.C. Sasidharan, Advocate for the respondents. “Improvisation sans legislation cannot be countenanced” emphasises Mr. K.S. Mohamad Hashim, Special Government Pleader. The issue arises under the Kerala Co-operative Societies Act, 1969 ('the Act') and the Kerala Co-operative Societies Rules, 1969 ('the Rules).

2. The members of the Police Co-operative Society Limited ['the Society' for short] complained to the Joint Registrar (General) of Cooperative Societies about the legality of the identity cards issued. The Joint Registrar thereupon called for a report from the Assistant Registrar (General) who after inspection found that the allegation in the complaint is well-founded. The Administrative Committee of the Society was accordingly directed by the Joint Registrar to issue fresh identity cards conforming to the statutory prescriptions. The appellant who is the Convener of the Administrative Committee objected to this course and the Assistant Registrar again reported about the non-compliance. It was under these circumstances did the Joint Registrar issue Ext.P6 order directing the cancellation of the existing identity cards and issue anew as per law. The challenge to Ext.P6 order was however not entertained by the learned single Judge and hence this writ appeal contending that laminated identity cards with bar codes are valid.

3. The identity card is conclusive evidence to prove that the holder has membership in the Society and the same has to be produced along with any other document mentioned in Rule 35A(6)(ix) of the Rules. Otherwise the member of the Society would not be issued a ballot paper to enable him to exercise his right of vote particularly when his identity is disputed. The manner of issuing an identity card to a member of the Society is described in detail under Rule 16A of the Rules which is extracted hereunder for reference:

“16A. Identity card:- (1) A person admitted as a member of a Society shall be issued with an identity card, in Form 6A, which shall be conclusive evidence to prove his membership in the Society. The member shall furnish two copies of his recent photograph of passport size to the Society. Copies of the photograph shall be attested by the Chief Executive of the Society or an officer specially empowered in this behalf by the Committee of the Society and one copy of the duly attested photograph shall be affixed in the identity card and the other copy shall be affixed in the Register in Form 6B maintained for the purpose. The identity card shall also bear the seal of the Society.

(2) An existing member shall, within one month from the date of commencement of these rules, furnish to the society concerned two copies of his recent photograph of passport size and the Society shall issue identity card to him within a period of fifteen days from the date of receipt of the photograph:

Provided that the Registrar may, in deserving cases, for reasons to be recorded in writing, extend the above period of one month and fifteen days for a further period upto one month or fifteen days, as the case may be.

(3) The identity card shall be issued direct to the member concerned after obtaining his acknowledgment in the Register in Form 6B and shall not be supplied to any other person on his behalf.”

The member is required to furnish two copies of his recent photograph of passport size to the Society which shall be attested by the Chief Executive of the Society or an officer specially empowered. One copy of the duly attested photograph shall be affixed in the identity card and the other copy shall be affixed in the Register in Form No.6B maintained. The identity card shall be issued direct to the member after obtaining his acknowledgment in the Register in Form No.6B within fifteen days from the d





















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