Back
2023 Supreme(Online)(KER) 18818
HIGH COURT OF KERALA
AMIT RAWAL, C.S. Sudha, JJ
BINOY MATHEW – Appellant
Versus
STEPHEN GEORGE – Respondent
WA 1388 2023
P.MARTIN JOSE, P.PRIJITH THOMAS, P.KURUVILLA, R.GITHESH, AJAY BEN JOSE, MANJUNATH MENON, SACHIN JACOB, AMBAT, AISWARYA E J VETTIKOMPIL, ANNA LINDA EDEN, HARIKRISHNAN S.S., SREEKUMAR (SR.), SMT.MINI GOPINATH, CGC SUNDEEP ABRAHAM, SIVAN MADATHIL, R.REJI, M.V.THAMBAN, THARA THAMBAN, B.BIPIN, ARUN BOSE, JEENA A.V.THOMAS, THOMAS SABU M R, P.RAVINDRAN (SR.), LAKSHMI RAMADAS, APARNA RAJAN, SREEDHAR RAVINDRAN
The ruling clarified that amendments to co-operative by-laws, not yet registered, cannot disqualify candidates for elections if interim orders have permitted nominations during the registration process.
Headnote:
Co-operative - Multi State Co-operative Societies Act - Section 11, Section 12 - The court examined amendments made to by-laws concerning re-election eligibility, determining that unregistered amendments could not retroactively disqualify candidates who had filed nominations before official registration.
Fact of the Case:
A writ appeal was filed against the dismissal of a petition seeking approval for amendments to a co-operative society's by-laws limiting re-election eligibility after two terms. The society sought clarity after interim orders allowed elections despite pending registration of the amendments.
Finding of the Court:
The court found that the Central Registrar's delay in registering the by-laws amendments did not justify preventing candidates from contesting elections, given they had been allowed to submit nominations under an interim order during the unresolved registration.
Issues: Whether candidates could be disqualified from contesting elections based on by-law amendments that were not registered at the time of their nominations, and the implications of interim judicial orders allowing their candidacy.
Ratio Decidendi: The court ruled that the unregistered amendments could not operate retrospectively to disqualify candidates, as their eligibility was determined according to the by-laws in force at the time of nominations.
Final Decision: The judgment of the Single Bench was set aside; writ appeals were allowed, declaring the petitioners eligible to contest the elections.
JUDGMENT
[WA Nos.1327/2023, 1388/2023]
AMIT RAWAL, J.
1. Writ Appeal No.1327 of 2023 has been preferred against the judgment dated 06.07.2023 whereby the writ of the petitioners bearing No.37356 of 2022 seeking directions to the Central Registrar of Co- operative Societies to pass an order in the application for amendment of Clause 37 of bye-laws and not to reject the nomination of any member who is contesting the election for third time, has been dismissed.
2. It is pertinent to mention here that during the pendency of the aforementioned writ petition, by virtue of interim order dated 24.11.2022 Single Bench of this Court permitted the members who have held the office for two terms to submit their nominations and contest the election, subject to the order to be passed by the Central Registrar of Co-operative Societies in pursuance to the resolution dated 27.08.2022 deleting some portion of bye-laws 37 prohibiting the members to contest the election who had held the office for two years consecutively, and final outcome of the writ petition. In view of the interim order, the appellants in Writ Appeal No.1388 of 2023 also contested the election by submitting their nominations. Writ petition was dismissed. Candidates who contested the election are the appellants in 1388 of 2023 and 1st petitioner in Writ Petition (C)No.37356 of 2022. Therefore the question of facts and law involved being identical, we intend to dispose of the aforementioned appeals by way of a common judgment.
3. Chairman of the Managing Committee of Knanaya Multi State Co-operative Credit Society Limited and the Managing Director preferred Writ Petition No.37356 of 2022 with the prayer, aforementioned, on the ground that the Society had approved the by-laws Ext.P1 which provided for election of eighteen(18) members as the Board of Director and to co-opt two(2)
eminent persons to make it twenty(20). Clause 37 of the Bye-laws impose a restriction of elected members of the Board of Directors for re-election if they have held the office for two terms consecutively. The said clause was placed before the Board of Directors. Board of Directors vide resolution dated 27.08.2022 caused the amendments to the aforementioned bye-laws by stating that the term of the office of the elected members of the Board of Directors shall be five(5) years from the date of election. Thus the restriction imposing to contest the election if member had held the office for two years, was taken of. The amended and unamended clauses read as under:-
“Term of the Board of Directors: Existing Amended
| The term of the office of the elected members of the Board of Directors shall be 5 years from the date of election. They are | The term of the office of the elected members of the Board of Directors shall be 5 years from the date of election. The term of office of the |
| eligible for re-election but not more than two terms consecutively. The term of office of the members of the Board who are nominees of the Government or institutions or federations if any shall be as indicated from time to time by the Government or the concerned institutios. However, their term will be co-terminus with the term of the elected Directors/ Board; and the Government/concerned institutions shall make fresh nominations for the new Board. | members of the Board who are nominees of the Government or institutions or federations if any shall be as indicated from time to time by the Government or the concerned institutios. However, their term will be co-terminus with the term of the elected Directors/Board; and the Government/concerned institutions shall make fresh nominations for the new Board. |
”
The aforementioned resolution was sent to Central Registrar for registration on 12.09.2022 for obtaining a registration under Section 12
