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2022 Supreme(Online)(KER) 63437
HIGH COURT OF KERALA
V. G. Arun, J
JAYASREE O – Appellant
Versus
CHIEF ELECTION COMMISIONER, STATE CO-OPERATIVE ELECTION COMMISSION (SCEC) – Respondent
WP(C)/21364/2022
Membership rights in co-operative societies cannot be revoked without adhering to due process as stipulated in the governing Act and Rules.
Headnote:
Membership - Co-operative Societies - KCS Act, Sections 20; KCS Rules, Rules 16(1), 16(3), 16(4), 35A - The judgment discussed the conditions of membership, the scope of electoral officers, and the rights of members to participate in elections.
Fact of the Case:
The petitioners contested their removal from the final voters' list for a Society election, alleging the removal was unjustified as they had valid membership, while the respondents argued a lack of valid membership and residency requirements.
Finding of the Court:
The court concluded that the first petitioner's membership was not properly reinstated, while the second petitioner remained a member and had the right to vote, ruling against the removal of his name from the voters' list.
Issues: Whether the petitioners had valid membership and the authority of the electoral officer to remove their names from the voters' list.
Ratio Decidendi: The court found that actions regarding membership removal must adhere to the procedural safeguards under the KCS Act and Rules; absence of such adherence means individuals cannot be disqualified.
Final Decision: First petitioner's removal from the voters' list upheld, second petitioner's challenge upheld, allowing him to vote.
JUDGMENT
The petitioners are aggrieved by the non-inclusion of their names in the final voters’ list published in connection with the election to the Managing Committee of the fourth respondent Society. The averments in the writ petition are to the following effect;
The first petitioner was given membership in the fourth respondent Society on 29.9.1993. Subsequently, the first petitioner relinquished her membership, when she was appointed in the Society as Attender. The first petitioner retired from the Society as Chief Accountant on 31.5.2020. Thereafter, she applied for membership on 3.7.2020 and remitted the membership fees and share amount. On being granted membership, the first petitioner availed a loan from the Society, as evidenced by Exhibit P11 loan pass book. The second petitioner obtained membership on 29.9.1993 and his name was included at serial number No.3 in the membership register. The second petitioner was also the President of the Society for some time. Due to financial difficulties, the second petitioner sold his property and residential house situated within the area of operation of the Society. He is now staying in a rented house situated within the area of operation of the Bank and is conducting business in a shop taken on rent.
2. The next election to the Managing Committee of the Society is notified by Exhibit P1. The petitioner’s names were included in the preliminary voters’ list published on 15.6.2022. To the Surprise and dismay of the petitioners’, their names have been removed from the final voters’ list published on 26.06.2022. The petitioners are not aware of the reason for deletion of their names from the final voters’ list. No action, with notice to the petitioners, has so far been taken for removing them from the membership of the Society. The petitioners therefore seek an order, directing the second respondent to include their names in the final voters’ list and allow them to contest and vote in the election notified as per Exhibit P1.
3. Adv.D.Somasundaram, learned Counsel for the petitioners, submitted that, under Rule 35A of the KCS Rules, the Electoral Officer is conferred with only limited power, while considering objections raised against inclusion/removal of names from the final voters’ list. The inquiry by the Electoral Officer, should be confined to the question whether admission of that member was within 60 days of the date of election or the date of general body. In the guise of an inquiry under Rule 35A(4), the Electoral Officer cannot decide on the disqualifications falling under Rules 16(3) and (4) of the KCS Rules. The first petitioner having been admitted to membership and granted loan after retirement from the service of the Society and the second petitioner being a member all throughout, have every right to participate in the ensuing election. As such, there is no justification for removing the petitioners’ names from the final voters’ list. To bolster the contention, learned Counsel placed reliance on the decisions inMathew v. State of Kerala [ 1992 (2) KLT 60 ] andPorinchu v. Joint Registrar of Co-operative Socieites [ 2009 (4) KLT 105 ].
4. Adv.George Poonthottam, learned Senior Counsel, appear for the fourth respondent, as instructed by Adv. Sandeep R.N, made the following submissions;
Even though the first petitioner was a member earlier, she had relinquished the membership on being appointed as Attender. Immediately after retirement, the first petitioner applied for membership. Since the first petitioner had retired as Chief Accountant of the Bank, her request for membership was not considered by the Managing Committee. However, the first petitioner prevailed upon the employees of the bank, who were her subordinates and secured a loan of Rs.1 lakh on 20.11.2020. Later, on realising that the petitioner had not been granted membership, she remitted back the loan amount. The contention that the petitioner’s name was illegally removed from the final voters’ list is without sub
