Back
2023 Supreme(Online)(KER) 208
HIGH COURT OF KERALA
T. R. Ravi, J
M.I.BABY – Appellant
Versus
THE MANAGING COMMITTEE OF TEEKOY SERVICE CO-OPERATIVE BANK LTD.3143 – Respondent
WP(C) 19341/2022
Sri P.N.MOHANAN, Sri C.P.SABARI, Smt.AMRUTHA SURESH, Sri GILROY ROZARIO, Sri LIJI.J.VADAKEDOM, Sri C.M.NAZAR, Smt.MABLE C KURIAN, SR.GP
Membership validation in cooperative societies can be established through issued identity cards, irrespective of the execution of Form 6B signatures.
Headnote:
Election - Membership Enrollment - Kerala Co-operative Societies Act - Section 16A, Rule 35A - Court interpreted provisions relating to membership and voter eligibility in cooperative elections, concluding that non-signature on Form 6B does not invalidate membership or voting rights as per statutory framework.
Fact of the Case:
Members of a bank's managing committee contested the inclusion of 958 newly enrolled members in the voters' list for an upcoming election, arguing that the required signatures on membership records (Form 6B) were not maintained.
Finding of the Court:
The court found that the identity card issued serves as conclusive proof of membership, regardless of the signature on Form 6B. Compliance with rules regarding voter inclusion in the election was upheld.
Issues: Whether members who have not signed Form 6B can be included in the voters' list for the upcoming election.
Ratio Decidendi: The rules governing cooperative societies allow for identity cards to serve as sufficient proof of membership and do not mandate contemporaneous signature on Form 6B for electoral eligibility.
Final Decision: The writ petition was dismissed.
JUDGMENT
The petitioners are the members of the Managing Committee of the 2nd respondent Bank. The term of the Committee expired on 28.7.2022. An election was proposed to be conducted on 24.7.2022. Ext.P1 notice was issued by the election commission on 04.06.2022. According to the petitioners, after the declaration of the election, the Committee enrolled 954 members. The Managing committee in a meeting on 12.05.2022, enrolled 371 members remitting their share value by functioning the bank till 11:30 p.m. (midnight). Thereafter, the Managing Committee in a meeting on 21.05.2022, enrolled 583 members remitting their share value by functioning the bank till 12:30 p.m. (midnight). According to the petitioners, while admitting members, the Form 6B register is to be maintained after obtaining the signature or thumb impression of the concerned members. It is submitted that such details were not obtained in the case of 958 members thus enrolled. It is contended that Form 6B register is not seen maintained at the time of inclusion of above said persons as members on 12.05.2022 and 21.05.2022. It is the contention that the above action is to tilt the balance in the election due to the political change in Kottayam district on the death of Sri K.M.Mani., the mentor of Kerala Congress. It is submitted that only after verifying Form 6B can the voters be permitted to enter the polling station. The petitioners submit that they objected to the list prepared by the Managing Committee on the ground that the new members had not signed Form 6B register. The writ petition is preferred in the above circumstances.
2. The 2nd respondent has filed a counter affidavit. It is stated that on 12.5.2022, a meeting was held, 317 membership applications were approved, and the share amount was remitted. On 21.05.2022, 857 applications came in, recommended by various members of the Managing Committee, out of which 259 applications were kept aside as they did not comply with the bye-laws, and 15 applications were found defective. 583 applications were approved, and share amounts were remitted. It is submitted that on 24.5.2022, the resolution was forwarded to the Joint Registrar for announcing the election in compliance with Rule 35A(1). Six members of the Committee are stated to have submitted a letter dated 21.5.2022, on 24.5.2022, disapproving the decision dated 21.5.2022. The counter affidavit narrates the procedure that is followed while enrolling members. It is stated that Form 6B will be generated after the passing of the resolution on the membership application and the payment of the share value and that the signature of the concerned member will be received while the identity card is issued to such member in terms of Rule 16A or Rule 16B or Rule 35A(5) of Kerala Co-operative Societies Rules. It is further stated that identity cards can be issued on such request from the concerned member at any point in time till 2 days before the actual date of the election. It is contended that there is no mandate under any provision that voters who have not signed the 6B registers are not entitled to get enrolled in the voters’ list. The voters' list was placed before the committee meeting held on 16.6.2022 and was approved by the majority of members of the committee, excluding the nominated member.
3. Heard Sri P.N.Mohanan on behalf of the petitioner, Smt.Mable C.Kurian, Senior Government Pleader, Sri C.M.Nazar, Standing Counsel on behalf of respondents 3 and 4 and Sri Liji J.Vadakkedom on behalf of the 2nd respondent.
4. The first prayer made in the writ petition is for a direction to respondents 3 and 4 not to include persons admitted on 12.5.2022 and 21.5.2022 in the voters' list who have not signed in From 6B register to be maintained in the Bank. Even though the prayer is to remove persons who have been included in the voters' list, none of the said persons have been impleaded in this writ petition. The said prayer has to fail since the affected parties are not br
