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2021 Supreme(Online)(KER) 41770
HIGH COURT OF KERALA
C.T.RAVIKUMAR, Murali Purushothaman, JJ
RATHEESH .T – Appellant
Versus
JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL) – Respondent
WP(C)/12789/2020
SRI.M.SASINDRAN, P.C.SASIDHARAN, P.P.JACOB, SRI.GEORGE POONTHOTTAM (SR.)
The judgment reinforces the imperative for co-operative societies to conduct elections promptly as per statutory obligations, highlighting the limitations on administrative committees in relation to elected bodies.
Headnote:
Election - Co-operative Societies - Kerala Co-operative Societies Act - Sections 16, 33 - The judgment discusses the interpretation of the Kerala Co-operative Societies Act regarding the conduct of elections, the authority of managing committees, and the roles of administrative bodies, affirming the statutory obligations to conduct timely elections.
Fact of the Case:
The case revolves around the election process for the Kozhikode City Police Employees Co-operative Society. Disputes emerged regarding the administration of the society and conduct of elections amidst challenges from managing committees and the actions of the Joint Registrar of Co-operative Societies.
Finding of the Court:
The court found that the administrative committee must facilitate the election of a new managing committee as mandated by the Kerala Co-operative Societies Act, emphasizing that earlier resolutions to conduct elections had to be upheld and acted upon.
Issues: The key issues pertained to the authority of the administrative committee to manage elections, the legality of actions taken by the Joint Registrar, and the proper resolution of eligibility for society membership.
Ratio Decidendi: The court held that the administrative committee has a statutory duty under Section 33(3) of the KCS Act to ensure timely elections and cannot withdraw appeals simply to prevent their conduct, reinforcing compliance with statutory mandates.
Final Decision: The court mandated the administrative committee to conduct elections within a specified 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
