IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE N.NAGARESH THURSDAY, THE 23^RD DAY OF NOVEMBER 2023/2ND AGRAHAYANA, 1945 WP(C) NO. 35193 OF 2023 PETITIONERS:

1 BOARD OF DIRECTORS OF OACHIRAKSHEEROLPADAKA CO-OPERATIVE SOCIETY LTD. NO.Q16 (D)

OACHIRA P.O., PIN-690526, REPRESENTED BY ITS PRESIDENT P.D.SIVASANKARA PILLAI, RESIDING AT CHENGALAPPALLIL, MEMANA, OACHIRA P.O., PIN – 690526.

2 R.MADHUSOODANAN AGED 59 YEARS SREESAILAM, VAYANAKAM, NJAKKANAL P.O., OACHIRA, PIN – 690533.

BY ADV D.SOMASUNDARAM RESPONDENTS:

1 STATE CO-OPERATIVE ELECTION COMMISSIONER OFFICE OF STATE CO-OPERATIVE ELECTION COMMISSION, THIRUVANANTHAPURAM, PIN – 695001.

2 OACHIRA B UNIT DAIRY FARM INSTRUCTOR O/O.OACHIRA DAIRY EXTENSION OFFICER, OACHIRA, KOLLAM, PIN – 690526.

3 DEPUTY DIRECTOR DAIRY DEVELOPMENT DEPARTMENT, KOLLAM, PIN – 691572.

ADDL R4 SHEEBA RAJU@ SHOBHA CHERUVILLIL D/O VASAVAN, "VASAVA BHAVANAM"

VALIYAKULANGARA, OACHIRA.P.O, KOLLAM – 690526.

ADDL R5 SUDHA, D/O LAKSHMANAN, "SUBASH BHAVANAM"

VAVVAKAVU.PO, OACHIRA, KOLLAM – 690528.

ADDL R6 SINDHU. K D/O KAMALAKSHI, "MEENATHERIL" CHANGANKULANGRA, OACHIRA.P.O, KOLLAM-690526.

ADDL R7 K.K. PURUSHOTHAMAPRASAD S/O P. BALAKRISHNA PILLAI, "THYKOOTTATHIL" MEMANA, OACHIRA.P.O, KOLLAM – 690526.

ADDL R8 MURALEEDHARAN R, S/O RAGHAVAN, "VAZHUVELIL" OACHIRA.P.O, KOLLAM – 690526.

[ADDITIONAL RESPONDENTS 4 TO 8 ARE IMPLEADED AS PER ORDER DATED 23.11.2023 IN I.A.NO.1 OF

2023]

BY ADVS.

SRI.C.M.NAZAR, STANDING COUNSEL SRI.P.P.THAJUDEEN, SPECIAL GOVERNMENT PLEADER SRI.HARISH KUMAR THIS WRIT PETITION HAVING COME UP FOR ADMISSION ON

23.11.2023, ALONG WITH CON.CASE(C).2538/2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE N.NAGARESH THURSDAY, THE 23^RD DAY OF NOVEMBER 2023/2ND AGRAHAYANA, 1945 CON.CASE(C) NO. 2538 OF 2023 AGAINST THE ORDER IN WP(C).35193/2023 OF HIGH COURT OF KERALA PETITIONER/2ND WRIT PETITIONER:

R. MADHUSOODANAN AGED 59 YEARS, S/O N RAMAKRISHNA KURUP, RESIDING AT SREESAILAM, VAYANAKAM, NJAKKANAL POST OFFICE, OACHIRA, KOLLAM DISTRICT, PIN – 690533.

BY ADVS.

ARUN CHANDRAN D.SOMASUNDARAM RESPONDENT/3RD RESPONDENT:

NISHA B.S.

[AGE AND FATHER'S NAME NOT KNOWN TO THE PETITIONER] DEPUTY DIRECTOR, DEPARTMENT OF DAIRY DEVELOPMENT, KOLLAM DISTRICT, PIN – 691572.

BY ADV.SRI.P.P.THAJUDEEN, SPECIAL GOVERNMENT PLEADER THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP FOR ADMISSION ON 23.11.2023, ALONG WITH WP(C).35193/2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

N. NAGARESH, J.

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W.P.(C) No.35193 of 2023 and Contempt of Court Case (C) No.2538 of 2023 `````````````````````````````````````````````````````````````

Dated this the 23<sup>rd</sup> day of November, 2023

J U D G M E N T

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The 1<sup>st</sup> petitioner is the Board of Directors of a Dairy Co-operative Society and the 2<sup>nd</sup> petitioner is its member. There are only 173 members in the Society. The petitioners have approached this Court seeking to direct respondents 1 and 2 to complete the election started as per Ext.P1 Notification from the stage at which it was stopped. The petitioners also sought for an interim direction to the 3<sup>rd</sup> respondent to constitute an administrative committee of three persons from the existing Board of Directors of the Society until election is held by respondents 1 and 2.

2. When the writ petition came up for admission, this Court passed an interim order directing the 3<sup>rd</sup> respondent to constitute an Administrative Committee consisting of three members of the present Managing Committee against whom there is no allegation or statutory proceedings.

3. The petitioners filed Contempt of Court Case No.2538/2023 on 06.11.2023 stating that the respondents have not appointed an Administrative Committee in compliance of the interim order. The respondents would submit that they have appointed a Dairy Farm Instructor as Part Time Administrator. An Administrative Committee consisting of three members of the exis