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IN THE HIGH COURT OF KERALA AT ERNAKULAM
MR.JUSTICE MURALI PURUSHOTHAMAN, J
ERNAKULAM REGIONAL Co-operative MILK PRODUCERS UNION LTD – Appellant
Versus
STATE Co-operative ELECTION COMMISSION – Respondent
JUDGMENT
The petitioner is the Ernakulam Regional Co-operative Milk Producers Union Ltd., a central Society of Anand Pattern Primary Co-operative Societies. The election to the Board of Directors of the petitioner Union has been notified by the 1st respondent as per Ext.P2 and the date of poll is slated on 20.01.2025. The date of making nomination is on 09.01.2025. The petitioner has filed this writ petition challenging Ext.P6 guidelines issued by the 2nd respondent, the Returning Officer, regarding the qualifications of the member Societies of the Union to contest election to the Managing Committee of the petitioner Union.
2. As per Clause 6 of Ext.P6, the minimum quantity of milk procured and pooled by the member Societies to the Union is fixed as 200 liters per day in a year. The petitioner contends that the same is contrary to the minimum quantity criteria fixed by the Managing Committee of the Union which resolved to fix the minimum quantity of milk procured and pooled by the member Society to the petitioner Union at an average of 100 liters per day in a year as the eligibility criteria to contest election to the Managing Committee. The petitioner states that as per Section 28(7
The Returning Officer's guidelines for election qualifications are valid, as the amendment regarding minimum milk supply criteria was not applicable to the current election.
The court emphasized the importance of adhering to the provisions of the Goa Co-operative Societies Rules 2003 and Bye-law 20.1.6 in determining the eligibility of representative members to contest e....
The bye-laws governing elections within co-operative societies are valid and enforceable, as they regulate participation without infringing on voting rights, thereby promoting effective governance wh....
The court established that the timely conduct of elections for office bearers in cooperative societies is a legal obligation, not subject to arbitrary delays.
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