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2021 Supreme(Online)(KER) 37448
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE C.T.RAVIKUMAR &
THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN MONDAY, THE 31ST DAY OF MAY 2021 / 10TH JYAISHTA, 1943 WA NO. 1601 OF 2020 AGAINST THE ORDER/JUDGMENT IN WP(C) 23431/2020 OF HIGH COURT OF KERALA APPELLANT/S:
1 THE KOZHIKODE CITY POLICE EMPLOYEES CO-OPERATIVE SOCIETY LTD.NO. F 963, PAVAMANI ROAD, KOZHIKODE. REPRESENTED BY ITS HONORARY SECRETARY.
BY ADV SRI.M.SASINDRAN RESPONDENT/S:
1 THE STATE CO-OPERATIVE ELECTION COMMISSION, THIRUVANANTHAPURAM, 3RD FLOOR, CO-BANK TOWERS, PALAYAM, VIKAS BHAVAN P.O., THIRUVANANTHAPURAM-
695033, REPRESENTED BY ITS SECRETARY.
2 THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (G),, KOZHIKODE, OFFICE OF THE JOINT REGISTRAR OF CO-
OPERATIVE SOCIETIES, PUTHIYARA, KOZHIKODE-
673004.
3 THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES (G), KOZHIKODE, OFFICE OF THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES, PUTHIYARA, KOZHIKODE-
673004.
BY ADV P.C.SASIDHARAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 31.05.2021, ALONG WITH WA.114/2021, 320/2021 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE C.T.RAVIKUMAR &
THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN MONDAY, THE 31ST DAY OF MAY 2021 / 10TH JYAISHTA, 1943 WA NO. 114 OF 2021 AGAINST THE ORDER/JUDGMENT IN WP(C) 515/2021 OF HIGH COURT OF KERALA APPELLANT/S:
0 SARATH BABU,AGED 45 YEARS M NO.6177, KOZHIKODE CITY POLICE EMPLOYEES CO-
OPERATIVE SOCIETY LTD. NO.F 963, PAVAMANI ROAD, KOZHIKODE S/O.SEKHARAN NAIR, RESIDING AT KOZHIPLAKKAL, MANASSERY, MUKKOM, KOZHIKODE BY ADVS.
P.P.JACOB SRI.GEORGE POONTHOTTAM (SR.)
RESPONDENT/S:
1 KOZHIKODE CITY POLICE EMPLOYEES CO-OPERATIVE SOCIETY LTD. NO.F 963, PAVAMANI ROAD, KOZHIKODE 673 001, REP.BY ITS HONORARY SECRETARY
2 THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (G)
KOZHIKODE, OFFICE OF THE JOINT REGISTRAR OF CO-
OPERATIVE SOCIETIES, PUTHIYARA, KOZHIKODE 673
004
3 THE ADMINISTRATIVE COMMITTEE KOZHIKODE CITY POLICE EMPLOYEES CO-OPERATIVE SOCIETY LTD. NO.F 963, PAVAMANI ROAD, KOZHIKODE
673 001, REP.BY ITS CONVENER
4 THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES (G)
KOZHIKODE, OFFICE OF THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES, PUTHIYARA, KOZHIKODE
673 004 THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 31.05.2021, ALONG WITH WA.1601/2020 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE C.T.RAVIKUMAR &
THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN MONDAY, THE 31ST DAY OF MAY 2021 / 10TH JYAISHTA, 1943 WA NO. 320 OF 2021 AGAINST THE ORDER/JUDGMENT IN WP(C) 23431/2020 OF HIGH COURT OF KERALA APPELLANT/S:
0 SARATH BABU,AGED 45 YEARS S/O. SEKHARAN NAIR, RESIDING A T KOZHIPLAKKAL, MANASSERY, MUKKOM, KOZHIKODE, M.NO. 6177, KOZHIKODE CITY POLICE EMPLOYEES C-OPERATIVE SOCIETY LIMITED NO. F 963, PAVAMANI ROAD, KOZHIKODE.
BY ADVS.
P.P.JACOB SRI.GEORGE POONTHOTTAM (SR.)
RESPONDENT/S:
1 THE KOZHIKODE CITY POLICE EMPLOYEES CO-OPERATIVE SOCIETY LTD.NO.F 963 PAVAMANI ROAD, KOZHIKODE, REPRESENTED BY ITS HONORARY SECRETARY.
2 THE STATE CO-OPERATIVE ELECTION COMMISSION THIRUVANANTHAPURAM, 3RD FLOOR, CO-BANK TOWERS, PALAYAM, VIKAS BHAVAN P.O.THIRUVANANTHAPURAM-695
033,REPRESENTED BY ITS SECRETARY
3 THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (G)
KOZHIKODE, OFFICE OF THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES, PUTHIYARA, KOCHIKODE-673 004.
4 THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES (G), KOZHIKODE OFFICE OF THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES, PUTHIYARA, KOCHIKODE-673 004.
THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 31.05.2021, ALONG WITH WA.1601/2020 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE C.T.RAVIKUMAR &
THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN MONDAY, THE 31ST DAY OF MAY 2021 / 10TH JYAISHTA, 1943 WP(C) NO. 12789 OF 2020 PETITIONER/S:
1 RATHEESH .T CIVIL POLICE OFFICER, DHQ, KOZHIKKODE CITY, KOZHIKODE.
2 GEESH RAJ P., CIVIL POLICE OFFICER, DHQ, KOZHIKKODE CITY, KOZHIKODE.
3 VINODAN K., SENIOR CIVIL POLICE OFFICER, CITY TRAFFIC ENFORCEMENT UNIT, KOZHIKKODE.
4 DEEPU P., CIVIL POLICE OFFICER, DHQ, KOZHIKKODE CITY, KOZHIKODE.
5 BINURAJ K., CIVIL POLICE OFFICER, CITY TRAFFIC ENFORCEMENT UNIT, KOZHIKODE.
6 BINEESH V.P., CIVIL POLICE OFFICER, DHQ, KOZHIKKODE CITY, KOZHIKODE.
7 SHIBEESH A.K., CIVIL POLICE OFFICER, CITY TRAFFIC ENFORCEMENT UNIT, KOZHIKODE.
8 LENEESH E., CIVIL POLICE OFFICER, ELATHOOR POLICE STATION, KOZHIKODE.
9 RASHEED C.K., CIVIL POLICE OFFICER, DHQ, KOZHIKKODE CITY, KOZHIKODE.
10 RAMJEESH M., CIVIL POLICE OFFICER, CITY TRAFFIC ENFORCEMENT UNIT, KOZHIKODE.
BY ADV P.C.SASIDHARAN RESPONDENT/S:
1 JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL)
O/O. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES, KOZHIKKODE-673001.
2 THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL), O/O. THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES, KOZHIKKODE-673001.
3 THE KOZHIKODE CITY POLICE EMPLOYEES CO-
OPERATIVE SOCIETY LTD. NO.F.963, PAVAMANY ROAD, KOZHIKKODE, REPRESENTED BY ITS SECRETARY, -673004.
4 THE BOARD OF DIRECTORS, KOZHIKODE CITY POLICE EMPLOYEES CO-OPERATIVE SOCITY LTD.NO.F.963, PAVAMANY ROAD, KOZHIKKODE, REPRESENTED BY ITS PRESIDENT, -673004.
BY ADVS.
GOVERNMENT PLEADER SRI.M.SASINDRAN P.P.JACOB THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 31.05.2021, ALONG WITH WA.1601/2020 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE C.T.RAVIKUMAR &
THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN MONDAY, THE 31ST DAY OF MAY 2021 / 10TH JYAISHTA, 1943 WP(C) NO. 15278 OF 2020 PETITIONER/S:
0 KOZHIKODE CITY POLICE EMPLOYEES CO-OPERATIVE SOCIETY LTD.NO.F 963 PAVAMANI ROAD, KOZHIKODE, REPRESENTED BY ITS HONORARY SECRETARY BY ADV SRI.M.SASINDRAN RESPONDENT/S:
1 BALAJI SENIOR CLERK, DISTRICT POLICE OFFICE, KOZHIKODE, KOZHIKODE CITY, KOZHIKODE 673 507
2 VINODAN K, KORATTODI VEEDU, VADAYAM P.O, KOZHIKODE 673 507
3 THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (G) , KOZHIKODE, OFFICE OF THE JOINT REGISTRAR OF CO-
OPERATIVE SOCIETIES, PUTHIYARA, KOZHIKODE 673
004.
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 31.05.2021, ALONG WITH WA.1601/2020 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
JUDGMENT
Ravikumar, J.
W.A. Nos. 1601 of 2020 and 320 of 2021 are directed against the judgment dated 17.11.2021 in W.P.(C) No.23431 of 2020 and W.A. No.114 of 2021 is filed against the judgment in W.P.(C) No.515 of 2021 dated 08.01.2021. The captioned writ petitions are also connected to the issues involved in the appeals. In view of the intersic connection in the issues involved in the above matters they were heard jointly and they are being disposed by this common judgment. Hereafter in this judgment documents are referred to in the manner they are set forth in W.P.(C) No.515 of 2021 as most of the relevant documents are produced therein.
2. The appellant in W.A. No.114 of 2021 was the petitioner in W.P.(C) No.515 of 2021 and he was the honorary Secretary of the previous Managing Committee of the first respondent, the Kozhikode City Police Employees Co-operative society Ltd. No. F.963 (hereinafter referred to as “the Society” only). The Committee in which he was the honorary Secretary had assumed charge on 06.07.2015 for a period of
5 years, but its term got extended by six more months owing to the general extension of the term of Managing Committees of Co- operative Societies by six months taking note of the Covid-19 pandemic situation. The said extended term expired on 02.01.2021. Prior to the expiry of the term, as per resolution No.9 dated 07.10.2020 its Managing Committee decided to conduct election to new Managing Committee on 11.12.2020. The said resolution was forwarded to respondents 2 and 4 herein viz., respectively the Joint Registrar and Assistant Registrar, of Co-operative Societies (G), Kozhikode. It was withheld though it was to be forwarded, in accordance with the statutory mandate, to Kerala State Co-operative Election Commission and that led to the filing of W.P.(C) No.23431 of 2020. The said writ petition was closed as per Ext.P5 judgment dated 17.11.2020 holding that in view of the pendency of W.P.(C) No.15278 of 2020 filed challenging the direction issued by the Joint Registrar to 'the Society' on 16.03.2020 as relates grant of 'A' class membership, election could not be held. The Managing Committee of the Society passed a fresh resolution before expiry of its term and then filed W.A No.1601 of 2020 producing the said resolution fixing the date of election as 06.02.2021 as Annexure-1. In the said writ appeal this Court as per Ext.P7 issued direction to forward Annexure-1 to the State Co-operative Election Commission, making it clear that the said action and also consequential notifications, if any, would be subject to the result of the appeal and the appeal was ordered to be posted along with connected cases. Alleging that Annexure-1 resolution was forwarded with an endorsement 'not recommended' by the Joint Registrar and Assistant Registrar, of Co-operative Societies, Kozhikode to ensure non-issuance of election notification by the State Co-operative Election Commission and also pointing out the consequential non-issuance of election notification, C.O.(C) No.38 of 2021 is filed for willful disobedience with the directions in Ext.P7. Earlier, W.P.(C) No.28176 of 2020 was filed by the appellant in W.A. No.114 of 2021 praying for a direction to the Joint Registrar of Co- operative Societies, Kozhikode to appoint an Administrative Committee with City Police Commissioner and two members of the previous committee the term of which had expired on 02.01.2021. The said writ petition was disposed of as per Ext.P12 judgment with direction to consider the proposal of the appellant to appoint Administrative Committee with the City Police Commissioner and two other members if there are no other legal impediments. As per Ext.P14 order the Joint Registrar appointed an Administrative Committee of three members. Out of the three members two are only ordinary members of the Society.
3. It is challenging Ext.P14 order that W.P.(C) No.515 of 2021 was filed contending that appointment of two ordinary members of Society as mem
