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2021 Supreme(Online)(KER) 7771
HIGH COURT OF KERALA
C.T.RAVIKUMAR, Murali Purushothaman, JJ
KOZHIKODE CITY POLICE EMPLOYEES CO-OPERATIVE SOCIETY LTD.NO.F 963 – Appellant
Versus
BALAJI – Respondent
WP(C)/15278/2020
SRI.M.SASINDRAN; P.C.SASIDHARAN; P.P.JACOB; SRI.GEORGE POONTHOTTAM (SR.)
The judgment reinforces the mandatory duty of administrative committees in cooperative societies to conduct timely elections as per statutory obligations, while directing recourse for grievances regarding membership to appropriate authorities.
Headnote:
Co-operative Societies - Managing Committee Elections - Kerala Co-operative Societies Act - [Sections: 16, 33] - The court interpreted provisions on elections and power of the Joint Registrar, emphasizing timely elections for managing committees as essential for the governance of cooperative societies, decisively mandating action for elections under Section 33.
Fact of the Case:
The managing committee of a cooperative society faced delays in conducting its elections due to disputes and allegations regarding the legality of actions taken by the Joint Registrar and the non-forwarding of election resolutions, leading to multiple writ petitions and appeals.
Finding of the Court:
The court determined that the administrative committee has a statutory duty to arrange for conducting elections, referencing the necessity of timely elections as paramount. It found the actions of the Joint Registrar and the administrative committee as obstructive and directed them to act to facilitate the elections.
Issues: The principal issues involved the legality of the Joint Registrar's actions regarding membership applications and the failure to conduct timely elections for the society's managing committee.
Ratio Decidendi: The court established that the administrative committee must fulfill its obligations under the Kerala Co-operative Societies Act to ensure elections are conducted promptly and that grievances regarding membership must be addressed through statutory channels instead of the courts.
Final Decision: The appeals were disposed of with directions for the administrative committee to arrange for elections within a specific timeframe.
JUDGMENT
Ravikumar, J.
W.A. Nos. 1601 of 2020 and 320 of 2021 are directed against the judgment dated 17.11.2021 in W.P.(C) No.23431 of 2020 and W.A. No.114 of 2021 is filed against the judgment in W.P.(C) No.515 of 2021 dated 08.01.2021. The captioned writ petitions are also connected to the issues involved in the appeals. In view of the intersic connection in the issues involved in the above matters they were heard jointly and they are being disposed by this common judgment. Hereafter in this judgment documents are referred to in the manner they are set forth in W.P.(C) No.515 of 2021 as most of the relevant documents are produced therein.
2. The appellant in W.A. No.114 of 2021 was the petitioner in W.P.(C) No.515 of 2021 and he was the honorary Secretary of the previous Managing Committee of the first respondent, the Kozhikode City Police Employees Co-operative society Ltd. No. F.963 (hereinafter referred to as “the Society” only). The Committee in which he was the honorary Secretary had assumed charge on 06.07.2015 for a period of
5 years, but its term got extended by six more months owing to the general extension of the term of Managing Committees of Co- operative Societies by six months taking note of the Covid-19 pandemic situation. The said extended term expired on 02.01.2021. Prior to the expiry of the term, as per resolution No.9 dated 07.10.2020 its Managing Committee decided to conduct election to new Managing Committee on 11.12.2020. The said resolution was forwarded to respondents 2 and 4 herein viz., respectively the Joint Registrar and Assistant Registrar, of Co-operative Societies (G), Kozhikode. It was withheld though it was to be forwarded, in accordance with the statutory mandate, to Kerala State Co-operative Election Commission and that led to the filing of W.P.(C) No.23431 of 2020. The said writ petition was closed as per Ext.P5 judgment dated 17.11.2020 holding that in view of the pendency of W.P.(C) No.15278 of 2020 filed challenging the direction issued by the Joint Registrar to 'the Society' on 16.03.2020 as relates grant of 'A' class membership, election could not be held. The Managing Committee of the Society passed a fresh resolution before expiry of its term and then filed W.A No.1601 of 2020 producing the said resolution fixing the date of election as 06.02.2021 as Annexure-1. In the said writ appeal this Court as per Ext.P7 issued direction to forward Annexure-1 to the State Co-operative Election Commission, making it clear that the said action and also consequential notifications, if any, would be subject to the result of the appeal and the appeal was ordered to be posted along with connected cases. Alleging that Annexure-1 resolution was forwarded with an endorsement 'not recommended' by the Joint Registrar and Assistant Registrar, of Co-operative Societies, Kozhikode to ensure non-issuance of election notification by the State Co-operative Election Commission and also pointing out the consequential non-issuance of election notification, C.O.(C) No.38 of 2021 is filed for willful disobedience with the directions in Ext.P7. Earlier, W.P.(C) No.28176 of 2020 was filed by the appellant in W.A. No.114 of 2021 praying for a direction to the Joint Registrar of Co- operative Societies, Kozhikode to appoint an Administrative Committee with City Police Commissioner and two members of the previous committee the term of which had expired on 02.01.2021. The said writ petition was disposed of as per Ext.P12 judgment with direction to consider the proposal of the appellant to appoint Administrative Committee with the City Police Commissioner and two other members if there are no other legal impediments. As per Ext.P14 order the Joint Registrar appointed an Administrative Committee of three members. Out of the three members two are only ordinary members of the Society.
3. It is challenging Ext.P14 order that W.P.(C) No.515 of 2021 was filed contending that appointment of two ordinary members of Society as member
