IMPORTANT POINT
The election was conducted on 19.10.2019 based on which the 6th respondent Managing Committee assumed power. The writ petition was filed after a month since the election and assumption of power by the said Managing Committee. Section 69 of the KCS Act would become relevant in the said circumstances as it provides for settlement of disputes.

JUDGMENT :

C.T. RAVIKUMAR, J.

1. This appeal is directed against the judgment dated 19.12.2019 in W.P. (C) No. 31606 of 2019. The appellants were respondents 5 and 6 and the first respondent herein was the petitioner, therein. The first respondent herein filed the writ petition seeking the following reliefs:-

(i) Issue a writ of Certiorari, call for records pertaining to Exhibit P4 and quash the same and declare that 6th respondent came to power in an illegal manner and not by way of legally established proceedings.

(ii) Issue a writ of mandamus directing respondents to do the needful required to start a fresh legal election process complying all legal requirements and conduct a proper election fulfilling all those.

(iii) Issue a writ of Mandamus directing respondents 2 to 4 or the more responsible among them to remove the present committee and appoint an administrator till a legally elected committee takes charge.”

2. The first respondent herein/the writ petitioner is an 'A' class member of the first appellant Society viz. Chala Farmers Welfare Co-operative Society. The short facts that led to the filing of the writ petition are as follows:-

According to the writ petitioner/first respondent herein, he came to know about the election to the Managing Committee of the first appellant society only on 3.10.2019. In fact, election to the Managing Committee of the first appellant society was notified by the 3rd respondent as per Ext.R6(f) dated 29.8.2019. Election process was scheduled under Ext.R6(f) as hereunder:

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3. The schedule of election given in Ext.R6(f) would reveal that election was fixed to be held on 19.10.2019. Paragraph 2 of the writ petition would reveal that even according to the writ petitioner, he came to know about the date of election to the Managing Committee of the first appellant, on 3.10.2019. It is his case that thereupon he filed Ext.P1 representation dated 4.10.2019 essentially, seeking for postponement of the election. Subsequently, the writ petitioner/first respondent herein filed another representation viz. Ext.P2 dated 9.10.2019 to the Joint Registrar (General) of Co-operative Societies, the 4th respondent herein. It is also relevant to note that in paragraph 3 of the writ petition the writ petitioner has pointedly stated that he received a communication on 14.10.2019, requiring him to appear for hearing before the 4th respondent, the Assistant Registrar (General) of Co-operative Societies. Going by the same, hearing was proposed to be held on 19.10.2019 viz. the very day on which election was scheduled to be held. Obviously, on 19.10.2019 the writ petitioner attended the hearing and the 4th respondent in the writ petition/5th respondent herein thereafter, passed an order on Ext.P2 representation submitted by the writ petitioner, as per Ext.P4 dated 26.10.2019. It is in the said circumstances that seeking inter-alia, quashment of Ext.P4 as also initiation of fresh election process the writ petitioner approached this Court by filing the above mentioned writ petition.

4. The appellants herein who were respondents 5 and 6 in the writ petition jointly filed a counter affidavit resisting the claims and contentions of the writ petitioner. It is very specifically stated therein that the writ petition was filed after completion of the election process. It is also stated therein that in such circumstances the writ petition itself is not maintainable. Nonetheless, the learned Single Judge as per the impugned judgment directed the State Co-operative Election Commission to verify whether notice was served as contemplated under Rule 35A(3A) of the Kerala Co-operative Societies Rules (for brevity ‘KCS Rules’) to the writ petitioner and further to pass appropriate orders after looking into the said aspect, within the time stipulated therein. Furthermore it was held:-

“Interim order will continue till decision is taken by the Election Commission as above. If the Election Commission is of the view that the procedure as