The court established that electoral processes must be conducted democratically and any administrative appointments should not impede this right.

J U D G M E N T

~ ~ ~ ~ ~ ~ ~ ~ ~

The 1st petitioner is the Board of Directors of a Dairy Co-operative Society and the 2nd 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 3rd 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 3rd 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 existing Board of Directors could not be appointed as there were allegations against all the members of the Managing Committee of the Board.

4. The five year tenure of the existing Board was to expire on 25.10.2023. Therefore, the Board resolved to conduct election on 21.10.2023 and Ext.P1 election notification dated 08.09.2023 was issued by the State Co-operative Election Commission. When the polling commenced on 21.10.2023, it was noticed that there is serious anomaly in the ballot paper. The polling was therefore stopped at 10.30 am. The Co-operative State Election Commission also directed to stop the polling in view of the error in the ballot papers.

5. The petitioners would urge that the anomaly in the ballots were deliberately created so as to bring the administration of the Society under an Administrator of their choice. Election has to be held before expiry of the term of the existing Committee. In the said circumstances, the petitioners filed this writ petition seeking appointment of an Administrative Committee consisting of three members from the existing Board.

6. The counsel for the petitioners argued that the action of the respondents is malafide and is intended to please the ruling party. Rule 35A (e) and (n) mandates that polling shall not be interrupted for frivolous reasons. Stoppage of polling on 21.10.2023 would amount to abdication of statutory power by the respondents. In the circumstances, the 3rd respondent is bound to appoint an Administrative Committee of three persons from the existing Board till polling is resumed and held by the 2nd respondent.

7. The 3rd respondent-Deputy Director, Dairy Development Department filed a counter affidavit. The 3rd respondent states that in the election process, certain candidates requested the Returning officer to include the surname also in the ballot paper. On 21.10.2023, after commencement of the polling, one of the voters complained that the surname of the 10th contestant is included in the name of the 9th contestant. The polling was stopped temporarily and arrangements were made to recommence the poll after clearing the mistake in the ballot paper. After 1½ hours, new corrected ballot papers were received. When the Returning Officer tried to resume the polling, some of the candidates objected and demanded to stop the process. The Returning Officer, in consultation with the Kerala State Co-operative Election Commission, decided to stop the polling process.

8. The 3rd respondent submitted that as the tenure of the Managing Committee was only upto 24.10.2023 and as a new Committee cannot be constituted, the 3rd respondent appointed a part time Administrator on 21.10.2023 itself. But the appointee reported that he has some difficulties for taking charge. T