Elections in co-operative societies must reflect valid eligibility based on lawful membership admissions to ensure fairness and legality.

JUDGMENT

[ WP(C).5145/2021, WP(C).5559/2021, WP(C).6048/2021 ]

These writ petitioners relate to the election proposed to be held on 25/3/2021 to the governing body of the Kerala State Legal Metrology licensees & Technicians Co-operative Society Ltd.( Hereinafter referred to as the “society: for short). The petitioners in W.P.(C) No.5145/2021 & 6048/2021 are the class A members of the Society. The first petitioner in W.P.(C)No. 6048/2021 is the petitioner in W.P.(C) No. 5145/2021. W.P. (C)No. 5559/2021 is filed by a B class member of the above society.

2. It is an admitted fact that the society is a miscellaneous society managed by the elected committee consisting of 13 members. As per the Constitution of the Committee, the membership is divided into three classes viz.A,B & C. A class members are persons who have licence of legal metrology ( manufacturing, sales and repairing). Employees who are working with the legal metrology licencees are entitled to get B class membership. The depositors and loanees can be become C class members, but they are not entitled to vote in the election and cannot contest as a candidate. However, they are entitled for the various benefits allotted to the members of the society. The area of operation of the society is within the entire State.

3. The last election to the managing committee was held on 21/7/2012. Since there were wide spread allegations of misappropriation and mismanagement, by judgment in W.P.(C)Nos.23399/2017 and 23443/2017 this Court had directed the appointment of an administrative committee. Accordingly, administrative committee was appointed on 21/7/2017 and since then, there is no elected managing committee.

4. According to the society, the then managing committee had granted A class membership to several persons who are not eligible to be granted membership as per the bye law of the society. Several B class members, were also included even without the knowledge of the A class members who are the employers of the B class members. Several members were allegedly admitted into membership on the basis of false certificates and there were considerable manipulations in the admision register also. The then President had availed huge amounts of loans in the name of other persons and paid the share value of ineligible A class members. An enquiry was conducted under section 65 of the Co- operative Societies Act and proceeding under section 68 were completed. A report was filed which was set aside by the Government and directed to conduct a fresh section 65 enquiry. Accordingly, the report was filed on 2/4/2019. In the earlier report as well in the present enquiry report, it was found that only 120 members are eligible to continue as A class members and only 48 persons are eligible to get B class membership. There was a separate list of A class members and B class members who are not eligible to get membership. The enquiry officer found that 49 members are not eligible to get A class membership and more than 439 members are also not eligible to be B class members. It was also found that the then existing managing committee has granted membership to persons who did not even remit the application fee and the share value.

5. The petitioner filed W.P.(C) No.19724/2017 for a direction to the registrar to consider Ext.P3 representation filed by him against the illegal and ineligible grant of membership by the then managing committee. This court by judgment disposed of it with a direction to the Registrar to consider Ext.P3 representation within six weeks. On the basis of Ext.P4, the enquiry officer also verified the records aunnd found that only 120 persons are eligible to continue as A class members. Some of the members included by the former President of the society, filed W.P.(C) No.16636/2019 and connected cases against the cancellation of the membership and by Ext.P5 judgment, this Court found that procedure was in order and dismissed the writ petition with a direction to conduct the election. T