IMPORTANT POINTS
Sub-section (3) of Section 12 mandates that the Registrar shall forward to the Society a copy of the registered amendment together with a certificate of registration signed and sealed by him, and such certificate shall be conclusive evidence that the amendment has been duly registered. Merely because an amendment was approved by the General Body, that does not bring about an amendment to the existing bye-laws, unless and until the same is approved by the Registrar of Co-operative Societies and a certificate of registration issued under Section 12(3) of the Act.

JUDGMENT :

Arun, J.

These writ appeals arise out of a common judgment, by which the learned Single Judge allowed the writ petitions filed by few members of the Keecheri Service Co-operative Bank Ltd. ('the Society', for short), the appellant herein. The writ petitions were filed alleging inclusion of ineligible members in the voters' list published in connection with the election to the Managing Committee of the Society. Shorn of unnecessary details, the facts which led to the filing of the writ petitions are as follows;

By notification dated 6.9.2019 published by the State Cooperative Election Commission ('the Commission', for short), election to the Managing Committee of the Society was notified to be held on 27.10.2019. As per the schedule of election, the preliminary voters' list was to be published on 23.9.2019 and the final voters' list on 3.10.2019. The share value, which was originally fixed at Rs.5/-per share was enhanced to Rs.50/-by an amendment to the bye-laws of the Society. The amendment was registered on 12.6.2014. As on 31.8.2018, a total of 8595 members had paid the enhanced share value and acquired eligibility to cast their vote in the election and the General Body.

2. The elected Managing Committee of the Society having been superseded, an Administrative Committee is at the helm of its affairs. The writ petitions were filed alleging that, after publication of the election notification, at the instance of the Administrative Committee, the deficit share value was being remitted en masse and the names of those members included in the voters' list, with the objective of influencing the result of the election. As against 8595 eligible voters as on 31.8.2018, a preliminary voters' list containing 12084 voters was published by the Electoral Officer. Based on objections, the Electoral Officer removed 2842 voters from the preliminary voters' list and published a final voters' list consisting of 9242 voters.

3. In W.P(C).No.26552 of 2019, it is alleged that even after removal of 9242 voters, the final voters' list contains the names of large number of persons, who had remitted the enhanced share value within 60 days of 27.10.2019, the date notified for election. The prayer in the writ petition is for conduct of election after removing the ineligible members from the voters' list and to declare that only members who have remitted the enhanced share value, 60 days prior to the date of election (27.10.2019), are entitled to vote in the ensuing election. While the issue was pending consideration, by Government Order dated 4.10.2019, process of election to the Co-operative Societies in 5 Districts, where by-elections to the State Legislative Assembly was announced, stood adjourned. Later, the adjourned election to the Managing Committee of the Society was notified to be conducted on 8.12.2019. The Society and the Administrative Committee contended that the members included in the final voters' list had paid the enhanced share value 60 days prior to the adjourned date of election, i.e., 8.12.2019, and had acquired the eligibility to vote.

4. The learned Single Judge, after careful scrutiny of Sections 19 and 20 of the Kerala Co-operative Societies Act, Rules 26 and 28 of the Kerala Co-operative Societies Rules, the Division Bench decision of this Court in Vasavan v. District Coir Project Officer [1993 (1) KLT 293] and the decision of a learned Single Judge in Rajan v. Electoral Officer [2009 (3) KLT 1046]; on a purposive interpretation of the provisions allowed the writ petitions and directed the Returning Officer to recast the voters' list excluding the members who had not paid the enhanced share value 60 days prior to 27.10.2019, the originally notified date of election. The Electoral Officer has prepared such a voters list in compliance of the directions in the impugned judgment, which was also handed over to us across the Bar; which is not disputed by either of the rival contestants.

5. Heard Sri.P.C. Sasidharan, learned Coun