IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE AMIT RAWAL &

THE HONOURABLE MRS. JUSTICE C.S. SUDHA WEDNESDAY, THE 12^TH DAY OF APRIL 2023 / 22ND CHAITHRA, 1945 WA NO. 782 OF 2023 AGAINST THE ORDER/JUDGMENT WP(C) 8955/2023 OF HIGH COURT OF KERALA APPELLANT/S:

ANIL AKKARA AGED 50 YEARS S/O. A.V. ANTONY, RESIDING AT AKKARAPATTIAKKAL HOUSE, ROSE BUILDING, PURANATTUKARA P.O., THRISSUR DISTRICT, PIN - 680510 BY ADVS.

NISHA GEORGE ARUN CHANDRAN GEORGE POONTHOTTAM (SR.)

ANSHIN K.K RESPONDENT/S:

1 THE STATE CO-OPERATIVE ELECTION COMMISSION

3RD FLOOR, CO BANK TOWERS, VIKAS BHAVAN P.O., THIRUVANANTHAPURAM, PIN CODE: -695 033, REPRESENTED BY ITS SECRETARY, PIN - 695033

2 THE ELECTORAL OFFICER /ASSISTANT REGISTRAR (SC/ST)

OFFICE OF THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL), ELECTION TO THE ADAT FARMERS SERVICE CO-

OPERATIVE BANK LTD.NO. R 689, THRISSUR DISTRICT, PIN -

680551

3 THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL)

THRISSUR DISTRICT, PIN - 680001

4 THE PART- TIME ADMINISTRATOR THE ADAT FARMERS SERVICE CO-OPERATIVE BANK LTD.NO.R.689, THRISSUR DISTRICT, PIN – 680551

5 THE ADAT FARMERS SERVICE CO-OPERATIVE BANK LTD.NO.

R 689 THRISSUR DISTRICT, REPRESENTED BY ITS MANAGING DIRECTOR, PIN - 680551 BY ADV C.M.NAZAR OTHER PRESENT:

SRI P C SASIDHARAN SR GP SRI T K VIPINDAS SPL GP CO-OP SRI PP THAJUDEEN THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON

12.04.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

JUDGMENT

Amit Rawal, J.

The present writ appeal is directed against the judgment of the Single Bench dated 10.4.2023 whereby the writ petition filed by the appellant challenging the election program promulgated by the Co-operative election commission for holding the election of the Adat Farmers Service Co-operative Bank Ltd scheduled for

16.4.2023 has been dismissed.

2. Appellant/petitioner is a member of the Society. The previous elected body of the Society was superseded by the order of the Registrar as per the provisions of Section 32 of the Kerala Co- operative Societies Act entailing into appointment of the Arbitrator. At the time of supersession there was only Managing Committee and no other Committee like the representative general body which is being attempted to be carved out by taking the aid of the provisions of clause 20 of the bye laws of the Society. On promulgation of the election program, petitioner was aggrieved of the aforementioned Act that the resolution adopted by the Co-operative Society was only in respect of holding election of the Managing Committee and not representative general body allegedly required under the provisions of Section 27 of the Co-operative Societies Act. Until and unless the elections of the representative general body is not held along with the Managing Committee the entire process would be vitiated in law. It is in that background the doors of this Court was knocked vide W.P.(C) No.8955 of 2023. The Society contested the matter and referred the provisions of sub Section 2 of Section 27 and contended that it is not mandatory for the Society to hold the election of representative general body as in the earlier regime there was no elected representative general body. Even if the members of the Society are more than 20,000 or are falling within the jurisdiction of two taluks. On appreciation of the provisions of the law and as well as the judgment cited at bar, learned Single Judge dismissed the writ petition.

3. Learned counsel appearing on behalf of the appellant submitted that the word 'may' used in sub Section 2 of Section 27 is required to be construed as 'shall'. Concededly, the Society has more than 20,000 members and situated in more than two taluks. In the absence of the said procedure the entire election process is vitiated in law.

4. On the other hand, learned counsel appearing on behalf of the respondent submitted that the writ petition was not maintainable in view of the judgment of the Hon'ble Supreme Court whereby it has been categorically held that a