The court upheld the necessity of conducting elections for a co-operative society as per established rules, emphasizing that procedural irregularities do not impede ongoing democratic processes once initiated.

JUDGMENT

[WA Nos.267, 322, 397, 428 & 429of 2026]

Dated the 13^th day of February, 2026

K. Natarajan, J.

The above appeals are filed in challenging the common judgment dated 16.01.2026 passed by the learned single Judge of this Court in W.P.(C) No. 29819 of 2024 and other four connected writ petitions.

2. W.A. No. 397 of 2026 is filed by the 6th respondent in W.P.(C) No. 14526 of 2025; W.A. No. 267 of 2026 is filed by respondents 4 to 6 in W.P.(C) No. 29819 of 2024; and other three writ appeals are filed by respondents 4 to 6 in W.P.(C) No. 29819 of 2024, who are third parties to the writ petitions as against which the appeals arises. The parties and exhibits are referred to as in W.A. No. 267 of 2026.

3. Heard the arguments of the learned counsel for the appellants, the learned counsel appearing for the respondents, the learned Government Pleader, the learned Standing Counsel appearing for the respondent Bank and the learned Standing Counsel appearing for the State Co-operative Election Commission.

4. The case of the appellants are that respondents 1 to 7 were the Managing Committee members of the Vellarikundu Primary Co-operative Agricultural and Rural Development Bank Ltd., wherein the 8^th respondent was Joint Registrar, vide order dated 19.08.2024, who said to have removed the Managing Committee and appointed the appellants as Administrative Committee members for continuing the affairs of the alleged Bank.

5. Aggrieved by the order of removal dated 19.08.2024, respondents 1 to 7 in W.A. No.267 of 2026 approached this Court by filing W.P.(C) No. 29819 of 2024 and they were said to have obtained an interim order of status quo as on 02.09.2024. Subsequently, it is brought to the notice of the Court by respondent No.8, Joint Registrar of Co-operative Societies was that, prior to the passing of the order of status quo, the Administrative Committee appointed by the Joint Registrar have taken charge on 19.08.2024 itself. However, the interim order has been extended by the learned single Judge.

6. Subsequently, after the appearance of all the parties, the learned single Judge of this Court disposed of all the writ petitions, one of which was filed challenging the order disqualifying a member of the Managing Committee of the Bank. In another writ petition, the election declared by the Administrative Committee, as per Ext.P19 notification dated 07.01.2026, was challenged. Finally, the learned single Judge of this Court, after obtaining suggestions from the Superintendent of Police through the Government Pleader regarding fixing the venue and date of the election, directed that the election be conducted on 01.03.2026 after issuing a fresh notification in the place of Ext.P19 notification dated 07.01.2026 produced in W.P.(C) No. 1146 of 2026 and held that since both the committees have now resolved to conduct elections for the Management Committee, it is not necessary to pass any order in respect of validity of the order removing the Management Committee.

7. The suggestion for fixing the place of venue by the police has been challenged by the appellants mainly on the ground that it was done in violation of Rule 35A of the Kerala Co-operative Societies Rules , 1969 (hereinafter referred as ‘KCS Rules’). It is vehemently contented by the learned counsel for the appellants that though an interim order was passed by the learned single Judge on 02.09.2024, by the time, the Administrative Committee already took charge on 19.08.2024 and therefore, the suggestion of the place of election by the Court and fixing the venue