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2025 Supreme(Online)(KER) 671
HIGH COURT OF KERALA
AMIT RAWAL, K. V. Jayakumar, JJ
THE ERNAKULAM REGIONAL CO-OPERATIVE MILK PRODUCERS UNION LTD. NO.E 150 (D) – Appellant
Versus
THE STATE CO-OPERATIVE ELECTION COMMISSION – Respondent
WA 90/2025
NISHA GEORGE ANSHIN K.K KAVYA GEORGE POONTHOTTAM (SR.)
The authority to set election qualifications lies with the Managing Committee of the Union, not the Returning Officer, as per the amended provisions of the Kerala Co-operative Societies Act.
Headnote:(A) Kerala Co-operative Societies Act, 1969 - Section 28(7) - Writ petition challenging the Returning Officer's order regarding election qualifications for the Board of Directors of the Regional Co-operative Milk Producers’ Union - The court held that the Returning Officer lacked authority to impose conditions contrary to the amended Act and the Union's bye-laws. (Paras 12, 19, 22)
(B) Election Law - Qualifications for contesting elections - The court emphasized that the power to fix qualifications lies with the Managing Committee, not the Returning Officer or Managing Director. (Paras 11, 20)
Facts of the case:
The appellant challenged the Returning Officer's order imposing a minimum milk supply requirement for election candidates, arguing it contradicted the amended provisions of the Act and the Union's bye-laws.
Findings of Court:
The court found that the Returning Officer's conditions were invalid as they were not authorized by the amended Act, allowing the writ petition and setting aside the impugned order.
Issues: The main issues were the authority of the Returning Officer to impose election qualifications and the applicability of the amended provisions of the Act.
Ratio Decidendi: The court ruled that the authority to set qualifications for elections rests solely with the Managing Committee of the Union, and the Returning Officer's imposition of conditions was beyond their jurisdiction.
Result: Writ petition allowed, and the impugned condition set aside.
AMIT RAWAL, J.
The appellant/petitioner Ernakulam Regional Co-operative Milk Producers Union Ltd. through its Managing Director had approached the writ court by assailing Ext.P6, order of the Returning Officer dated 04.01.2024 issued on the basis of Ext.P4 letter dated 02.01.2025 of the Director, Department of Diary Development of the Co-operative Milk Producers’ Union.
2. The pith and substance of the challenge was that Section 28 (7) of the Kerala Co-operative Societies Act , 1969 [hereinafter referred to as, ‘the Act’] amended with effect from 12.02.2021, for the purpose of contesting the elections of the Board of Directors envisaged that, for holding the office of the member of the committee of the Regional Co-operative Milk Producers’ Union is required to satisfy the following two conditions: a. The society should be placed in an audit classification as A or B. and
b. The supply of milk procured and pooled by the members of the society to the Regional Co-operative Milk Producers’ Union subject to the “minimum quantity” as fixed by the committee of the Regional Milk Producers’ Union.
3. It is pertinent to mention here that the Union has its own bye-laws called ‘Ernakulam Regional Co-operative Milk Producers’ Ltd. Bye-laws, amended upto 2013.
4. Clause 13 of the bye-laws deals with the description of ordinary member and as per 13.1.1, every member is required to supply commodities procured or pooled by it with the exception of what is retained for local consumption only to the Union and will not supply or sell directly to outside agency, whereas, clause 20.0 deals with the qualifications of the representatives of the ordinary members for contesting the elections of the Board. Clause 20.1 empowers that, no President of member-society shall be eligible for election as a Director of the Board unless and until the Society he represents, as per 20.1.1 fulfilled all the obligations as mentioned in the Bye-law 13 as on 31st March of the preceding year.
5. Clause 13, obligates the ordinary member that every member shall besides supplying the commodities procured or pooled milk will follow other directions, which are not relevant for the purpose of holding the elections. In other words, for being qualified for the post of the election, is required to comply with the requirement of clause 13.1.1 of the Bye-laws.
6. In the absence of any statutory provisions before the amendment introduced as pre-amendment, there was no quantity of the milk prescribed fixing the qualification for holding the election of a particular society for the purpose of the election of the Union, particularly fixing the supply of milk of every society. Vide resolution of 24.03.1997, the then Board of Directors fixed the quantity of the milk to the pooled and supplied as 200 litres on an average in the previous year.
7. The aforementioned Bye-laws was introduced in the absence of the statutory provisions but after the amendment, it did not have any applicability as it was domain of the committee of the Regional Milk Producers’ to fix the quantity.
8. On the basis of the amended provisions of Sub-section 7 of Section 28 of the Kerala Co-Operative Societies Act, Union vide its resolution dated 26.09.2024 (Ext.P3) fixed the quantity of the milk as an average of 100 litres to be provided by the member Society representing the candidate contesting elections to the post of Board of Directors of the Union.
9. The aforementioned exercise was done on account of the fact that the State Co-operative Election Commission had caused a notification dated 26.12.2024 fixing the schedule of the elections for various districts and the submission of the nomination by 09.01.2025, scrutiny on 10.1.2025, withdrawal of the nomination on 11.01.2025 and election on 20.01.2025.
10. In fact the aforementioned resolution was passed on the basis of the communication dated 02.01.2025, Ext.P3 of the Managing Director, acting as Registrar, calling upon the Union to fix the supply of the milk for
