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2026 Supreme(Online)(Ker) 34970

IN THE HIGH COURT OF KERALA AT ERNAKULAM

2026:KER:40952

WP(C) NO. 17575 OF 2020

THE HONOURABLE MR. JUSTICE GOPINATH P.

WEDNESDAY, THE 10TH DAY OF JUNE 2026 / 20TH JYAISHTA, 1948

PETITIONER/S:

K.R.PRASAD, AGED 58 YEARS

S/O T.V.RAGHAVAN PILLAI, KATTODIL MALAYIL,

ERAVIPEROOR P.O.THIRUVALLA,

PATHANAMTHITTA DISTRICT, PIN-689 542.

BY ADVS.

SHRI.T.R.HARIKUMAR

SRI.ARJUN RAGHAVAN

RESPONDENT/S:

1 THE DEPUTY DIRECTOR,DAIRY DEVELOPMENT DEPARTMENT,

PATHANAMTHITTA, PIN-689 645.

2 THE DAIRY EXTENSION OFFICER,

KOIPRAM , PULLAD P.O.PATHANAMTHITTA, PIN-689 548

3 THE ERAVIPEROOR CO-OPERATIVE DAIRY AND ALLIED

INDUSTRIES SOCIETY LTD NO 2076,

REPRESENTED BY ITS SECRETARY, ERAVIPEROOR P.O.

THIRUVALLA, PATHANAMTHITTA DISTRICT, PIN-689 542.

4 THE ADMINISTRATIVE COMMITTEE OF THE ERAVIPEROOR CO OPERATIVE DAIRY AND ALLIED INDUSTRIES SOCIETY

LTD NO 2076, REPRESENTED BY ITS CONVENER,

ERAVIPEROOR P.O. THIRUVALLA,

PATHANAMTHITTA DISTRICT, PIN-689 542.

5 THE STATE CO-OPERATIVE ELECTION COMMISSION,

REPRESENTED BY ITS SECRETARY,

THIRUVANANTHAPURAM, PIN-695 001.

ADDL. R6 THE PART-TIME ADMINISTRATOR,

ERAVIPEROOR CO-OPERATIVE DIARY AND ALLIED INDUSTRIES

SOCIETY LTD NO.2076,

ERAVIPEROOR P.O, THIRUVALLA,

PATHANAMTHITTA DISTRICT, PIN – 689 542

(SUO MOTU IMPLEADED AS PER ORDER DATED 10.06.2026)

BY ADVS.

GOVERNMENT PLEADER

SRI.V.M.KRISHNAKUMAR

SRI. D. AJITHKUMAR (SR: GP)

Advocates:
For the Appellants/Petitioners: T.R. Harikumar, Arjun Raghavan
For the Respondents: Government Pleader, V.M. Krishnakumar, D. Ajithkumar

A part-time administrator of a co-operative society is obligated to pass resolutions necessary to facilitate the conduct of elections for a new managing committee to ensure democratic governance of the society.

Headnote:The petitioner filed this writ petition expressing apprehension regarding the potential liquidation of a co-operative society by its Administrative Committee. The petitioner sought directions requiring the Committee to resolve to conduct elections for a new Managing Committee. The core issue centers on the management of a co-operative society whose administrative term has expired. The court observed that the original apprehension concerning liquidation no longer persisted as the society is currently under the management of a part-time administrator. The court determined that the administrator must initiate the democratic process by holding elections for the Managing Committee. The court directed the part-time administrator to pass the necessary resolution for conducting elections and to forward the same to the state election commission within a two-month period, strictly applicable provided a new committee is not already in office.

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10.06.2026, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

JUDGMENT

Petitioner is a member of the 3rd respondent Society. At the time of filing the writ petition, the Society was under the control of the 4th respondent - Administrative Committee. The petitioner has filed this writ petition apprehending that the 4th respondent- Administrative Committee may recommend for the liquidation of the 3rd respondent-Society. The petitioner also sought for a direction that the Administrative Committee may be directed to pass necessary resolution for holding elections to the Managing Committee of the 3rd respondent Society.

2. Learned counsel appearing for the petitioner submits that the term of the 4th respondent- Administrative Committee has expired and the Society is now managed by a part-time Administrator. It is submitted that the apprehension that the Administrative Committee may recommend for the liquidation of the 3rd respondent Society no longer subsists and all that remains is that the part-time Administrator must pass the necessary resolution for holding elections to the managing committee of the 3rd respondent Society.

3. Heard the learned Government Pleader also.

4. Having heard the learned counsel appearing for the petitioner and the learned Government Pleader appearing for the official respondents, I am of the view that this writ petition can be disposed of directing the part-time Administrator of the Eraviperoor Co-operative Dairy and allied Industries Society Ltd No.2076 to pass the necessary resolution for holding elections to the Managing Committee of the 3rd respondent Society and forward the same to the 5th respondent . The needful shall be done within a period of two months from the date of receipt of a certified copy of this judgment. It is made clear that this directions will apply only if elections have not been held and an elected Managing Committee is not in office.

In order to ensure effective implementation of the directions issued in this judgment, The Part-Time Administrator, Eraviperoor Co-operative Diary and Allied Industries Society Ltd No.2076, Eraviperoor P.O, Thiruvalla, Pathanamthitta District, Pin – 689 542 is suo motu impleaded as additional 6th respondent to the writ petition. Registry shall carry out necessary amendments to the cause title.

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