JUDGMENT

Dated this the 20th day of December, 2023 The 1st petitioner is the President of Managing Committee of a Co-operative Society. The petitioners have filed this writ petition seeking to direct the 2nd respondent to recommend and forward Ext.P4 application along with Ext.P1 resolution and necessary particulars to the office of the 1st respondent-State Co-operative Election Commission forthwith and further to direct the 1st respondent to issue an election notification and conduct the election to the Committee of the 2nd petitioner-Society as per law, within a time frame as fixed by this Court.

2. The tenure of the present Managing Committee of the Co-operative Society is to expire on 09.01.2024. By a resolution passed on 06.10.2023, the Society proposing to hold election on 19.01.2024. As necessary steps are not taken to conduct the election, the petitioners have approached this Court. The writ petition was filed on

16.12.2023.

3. Standing Counsel representing the 1st respondent entered appearance and submitted that as the proposal was in violation of Rule 39(3) of the Kerala Co-operative Societies Rules, 1969, the application for holding of election has been rejected as per order No.E(2)7929/2023/S.C.E.C dated 19.12.2023. As the proposal was to hold election after the tenure of the present Managing Committee, the application ought to be necessarily rejected.

4. I have heard the learned counsel for the petitioners, the learned Standing Counsel representing the 1st respondent and the learned Government Pleader representing the 2nd respondent.

5. The Managing Committee passed a resolution to hold election on 19.01.2024. The proposal was to hold the election after the expiry of the tenure of the present Managing Committee. It is obviously in violation of Rules. It is in such circumstances that the State Election Commission has rejected the proposal as per order dated 19.12.2023.

6. Be that as it may, due to passage of time, now the election can be conducted only after the tenure of the present Managing Committee. In such circumstances, insisting for a resolution to be passed by the Committee again would only prolong the election process, which may not be in the interest of the members of the Society.

Taking into consideration the peculiar facts of the case, the writ petition is disposed of directing the 1st respondent- State Co-operative Election Commission to accept the proposal of the petitioners and to hold the election on 19.01.2024 itself. As the order of rejection dated 19.12.2023 has been passed during the pendency of the writ petition and taking into consideration the larger interest of the Society and its members, the communication dated 19.12.2023 of the Additional Registrar of the Election Commission is set aside to enable the 1st respondent to hold the election on 19.01.2024 itself.

Sd/-

N.NAGARESH JUDGE

hmh

APPENDIX OF WP(C) 42850/2023 PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE RESOLUTION NO 5 DATED 6.10.2023 TAKEN BY THE COMMITTEE OF THE SECOND PETITIONER SOCIETY Exhibit P2 A TRUE COPY OF THE LETTER OF PERMISSION DATED 12.12.2023 ISSUED BY THE VICE PRESIDENT OF THE KERALA HIGH COURT ADVOCATES ASSOCIATION TO THE SECOND PETITIONER SOCIETY.

Exhibit P3 A TRUE COPY OF THE REQUEST DATED

12.12.2023 SUBMITTED BY THE PETITIONERS TO THE STATE CO-OPERATIVE ELECTION COMMISSION Exhibit P4 A TRUE COPY OF THE PRINT OUT OF THE ONLINE APPLICATION HAVING NO. EKM/3716/2023 DATED 13.12.2023 SUBMITTED BY THE SECOND PETITIONER SOCIETY TO THE STATE CO-OPERATIVE ELECTION COMMISSION Exhibit P5 A TRUE COPY OF THE PAY IN SLIP HAVING GRN NO. KL027440537202324M DATED 12.12.2023 FOR PAYMENT OF RS. 2000 PAID BY THE SECOND PETITIONER AT SUB TREASURY, ERNAKULAM Exhibit P6 A TRUE COPY OF THE CIRCULAR NO. 12/2012 DATED 01.10.2012 ISSUED BY THE STATE CO-OPERATIVE ELECTION COMMISSION Exhibit P7 A TRUE COPY OF THE ORDER DATED

9.11.2023 IN W.P(C) NO.36863 &

37254/2023