JUDGMENT :

The petitioner is a member of the 5th respondent bank -a society registered under the Kerala Co-operative Societies Act, 1969 (hereinafter referred to as ‘the Act’). He is also a former member of the Kerala Legislative Assembly. Elections to the Managing Committee of the 5th respondent have been notified to be held on 16.04.2023. The petitioner has approached this Court praying inter-alia for a writ of certiorari to quash Ext.P.1 election notification, for directions to prepare a proper voters list and for a declaration that members with any identity card issued by the 5th respondent, together with any other identity card as provided in the explanation to Rule 35A(6)(x) of the Kerala Co-operative Societies Rules, 1969 (hereinafter referred to as ‘the Rules’) must be allowed to cast their votes.

2. Sri. George Poonthottam learned Senior Counsel appearing for the petitioner on the instructions of Adv.Nisha George would contend that the 5th respondent is a society which provides through its by-laws that it shall have a ‘representative general body’ as contemplated by Section 27(2) of the Act. He refers to the provisions of Sections 27 and 28 of the Act and to Rules 34, 34A and 35A of the Rules to contend that the holding of elections to the Managing Committee and the Representative General Body must be simultaneous. It is submitted that holding elections to the Managing Committee alone is, therefore, not in accordance with the Act and the Rules. It is submitted the provisions admit of no ambiguity, and elections must be simultaneously held to the Managing Committee and the Representative General Body. It is submitted that where a certain thing has to be done in a particular manner, it has to be done in that manner or not at all. The oft-quoted principle flowing from the ratio in Nazir Ahamed v. King Emperor, AIR 1936 PC 253 is relied on to buttress this contention. Mr. Poonthottam refers to the notification issued in respect of another society and submits that in respect of that society, election to the Managing Committee and the representative general body is proposed simultaneously. He points out with reference to Ext P.5 reply of the Hon’ble Minister for Co-operation on the floor of the Assembly that after the removal of 4464 members (which is under challenge and is now pending before the Supreme Court) the voters list now prepared cannot have 20360 Members. It is submitted that several ineligible persons, including nearly 846 dead persons, have been included in the voter's list, and almost 1000 members have been illegally enrolled by the Administrator who has been in charge of the affairs of the 5th respondent since 12.04.2017. The judgment of Chandrasekhara Menon.J. in Devassy v. Asst. Registrar of Cooperative Societies; 1976 KLT 40 is relied on to contend that a proper voters list is sine qua non for a proper election, and where such a list is not prepared, relief can be granted under Article 226 of the Constitution of India. It is submitted that the stipulation in Ext.P.1 notification that only members with Form 6A identity cards issued after 01.01.2021 will be allowed to vote is illegal as the identity cards issued earlier have not been cancelled. Reference is made to Ext.P7 reply given by the then Hon’ble Minister for Co-operation to a question raised by the petitioner in the 22nd Legislative Assembly, stating that previously issued identity cards have not been cancelled. It is submitted that despite request, a copy of the preliminary voter’s list has not been made available to the petitioner. It is submitted that such refusal takes away the right of the petitioner to make an effective objection to the preliminary voter’s list.

3. Sri.P.P Tajuddin, Learned Special Government Pleader for the Co-operative Department, Sri. C.M Nazar, the learned counsel appearing for the State Co-operative Election Commission and Sri.P.C Sasidharan, the Learned Counsel appearing for the 5th Respondent, are unanimous in contending th