Back
2024 Supreme(Online)(KER) 38050
HIGH COURT OF KERALA
N. NAGARESH, J
PREMARAJAN – Appellant
Versus
THE MUKKOM SERVICECO-OPERATIVE BANK LTD NO.F 1241 – Respondent
WP(C) 26392/2024
Only members enrolled by the elected committee have the right to participate in elections, excluding provisional members granted by an Administrative Committee.
Headnote:(A) Kerala Co-operative Societies Act, 1969 - Rule 35A(4) - Membership eligibility for elections - The Supreme Court held that only members enrolled by the elected committee can participate in elections, as established in Joint Registrar of Co-operative Societies v. T.A. Kuttappan [2000 (2) KLT 480]. The petitioners challenged the inclusion of provisional members granted by the Administrative Committee, seeking to restrict the voters list to 'A' Class members. (Paras 4, 5, 6, 10)
(B) Court's authority - The court emphasized the necessity for compliance with established membership rules to ensure fair elections, allowing petitioners to object to any further ineligible members. (Paras 8, 10)
Facts of the case:
The petitioners, members of the Mukkam Service Co-operative Bank, contested the inclusion of provisional members granted by the Administrative Committee in the voters list for upcoming elections. (Paras 1-3)
Findings of Court:
The court acknowledged that respondents had decided not to include ineligible members in the voters list, addressing the petitioners' concerns. (Paras 8, 10)
Issues: The primary issue was the eligibility of provisional members in the election process.
Ratio Decidendi: The court reaffirmed the principle that only duly enrolled members by the elected committee are entitled to vote in the elections, ensuring adherence to procedural fairness.
Result: Writ petition disposed of.
JUDGMENT
The petitioners are members of the Mukkam Service Co-operative Bank Limited. The previous elected Managing Committee of the Bank had assumed office with effect from 01.11.2018. The elected Committee was superseded and thereafter restored through orders issued by the Court. Again the 3 rd respondent-Joint Registrar superseded the Committee without any justifiable reason. An Administrator was appointed.
2. Thereafter, the Administrative Committee was appointed including strangers. One member was a retired Secretary of another Bank. The Administrative Committee attempted to give membership which was interdicted by the Court as per Ext.P1 order. Thereafter, the Administrative Committee took resolution and requested the 3 rd respondent to give membership. Respondents 1 and 2 filed the writ petitions. Both writ petitions were considered together and this Court directed the 3 rd respondent to consider the matter as per Ext.P3 judgment.
3. The petitioners state that the 3 rd respondent issued Ext.P4 order permitting to grant membership without voting right. The Administrative Committee granted provisional membership to thousands persons. The notification for election is published as per Ext.P6. The petitioners filed Ext.P7 representation and verified the membership register. It is revealed that thousands persons are given temporary membership by the Administrative Committee. Those persons are included in the list of members prepared to use in the election as evident from Ext.P5 submitted to the 5 th respondent. The petitioners have submitted representation requesting to remove the provisional members to whom temporary membership was given without voting right from the list of members prepared to include in the preliminary list of voters to be published on 29.07.2024.
4. The law is settled by the decision of the Supreme Court in Joint Registrar of Co-operative Societies v. T.A. Kuttappan [ 2000 (2) KLT 480 ] that only members who are enrolled by the elected committee have the right to participate in the election process. The petitioners state that it is just and proper to direct the respondents not to include those provisional members to whom temporary membership was given by the Administrative Committee in the list of members prepared to use in the election.
5. The petitioners therefore seek to direct respondents 4 and 5 to ensure that only ‘A’ Class members vide Serial Nos.1 to 7427 of the membership register are included in the preliminary voters list prepared to be published by the 4 th respondent as provided by Rule 35A(4) of the Kerala Co-operative Societies Rules, 1969.
6. Counsel entered appearance on behalf of respondents 1 and 2 and filed counter affidavit. In paragraph 6 of the counter affidavit it is stated as follows:
6. As per the records kept In the 1st respondent bank, the erstwhile committee had enrolled the membership No. 22591 dated 15.07.2023 in the category of 'A' class membership as the last enrolled member during their tenure. The membership No. 22592 was deleted on 07.08.2023 due to wrong entry. Subsequently the erstwhile president and another member filed W.P.(C) No.1767 of 2024 and sought direction not to enroll new members at the instance of 2 nd respondent. During the pendency of the said writ petition this respondent filed W.P.(C) No.13127 of 2024 seeking permission to enroll new members to the bank, taking into consideration of the day to day affairs of the bank. This Hon'ble Court disposed the W.P.(C) No.13127 of 2024, directing the 3 rd respondent to consider and pass appropriate orders after hearing the interested parties within a period of one month. True copy of the judgment in WP(C) No.13127 of 2024 dated 01.04.2024 is produced herewith and marked as Exhibit-R1(a), Thereafter this Hon'ble Court pronounced judgment in Ext.P3 with direction to the Departmental Authorities to pass orders in the light of Ext. R1 (a) judgment. After complying the judgment the 3 rd respondent had Issued Ext.P4 order. I
