This writ petition has been filed against the directions in

Ext.P5 order to the extent to which an Administrative Committee

has been appointed by the Joint Registrar of Co-operative

Societies to take over management of the 3^rd respondent - Co-

operative Bank. The petitioner alleges that the Society had been

under the charge of a Part - time Administrator from 2016, when

the elected Managing Committee of the Society had been

suspended and therefore, that when they were superseded

through Ext.P5 order, there was no requirement to change the

status quo and appoint an Administrative Committee, which they

say is, in any case, contrary to law because Ext.P5 has been

issued under Section 32 of the Kerala Co-operative Societies Act

(KCS Act for short) and not under Section 33 thereof.

2.

After saying so, the petitioner alleges that the

members of the Administrative Committee now appointed,

namely, respondents 5 to 7 herein, are active members of a

particular political dispensation and that the 6^th respondent is the

retired Assistant Secretary of the Bank, who they accuse of being

complicit in a collaborated effort of tampering the records and the

Voters' List. The petitioner, therefore, prays that Ext.P5 be set

aside to the extent to which, respondents 5 to 7 have been

constituted as an Administrative Committee and prays that

elections to the Managing Committee of the Society be

conducted, as has already been directed by this Court in the

judgment in W.P.(C)No.14712 of 2019.

3.

In answer to the afore submissions of

Sri.T.R.Harikumar - learned counsel for the petitioner, the learned

Senior Government Pleader Sri.Bimal K. Nath, submits that an

Administrative Committee was appointed to be in charge of the

affairs of the Society, solely because the Part-time Administrator

was constrained for time and had made a request that she be

discharged from such duties. The learned Senior Government

Pleader submits that further allegations of the petitioner against

respondents 5 to 7 are completely untenable and that merely

because, even if it is true, one of them is a member of a political

dispensation, it does not mean that he cannot be included in the

Administrative Committee, asserting that the allegations made in

the writ petition are extremely vague, nebulous and imprecise.

Sri.Bimal K. Nath, therefore, prays that these allegations be

repelled, adding that the Administrative Committee can be

directed to conduct elections at the quickest time in terms of the

directions of this Court in the judgment in W.P.(C)No.14712 of

2019.

4.

Sri.P.C.Sasidharan,

learned

standing

counsel

appearing for the Administrative Committee, submits that a

counter affidavit has been placed on record on behalf of his client,

wherein, they have denied all the allegations of the petitioner and

that the Committee has decided to tentatively hold the election on

27.10.2019, for which purpose, necessary resolution will be

adopted by them within that time. He says that this time frame is

required for the Committee because, the “Onam Market” is to be

held during the Onam season and conduct of elections during that

period would severely impact the income of the Society from it.

5.

I have considered the afore submissions as also the

materials available on record. It is without doubt that, on an

earlier occasion, I had delivered a judgment in W.P.(C)No.14712

of 2019, wherein the following directions had been given.

“Resultantly, I order this writ petition and direct the

Part-Time Administrator, now in charge of the affairs of

the 4^th respondent Society, to adopt the requisite

resolution for the conduct of elections to the Managing

Committee of the Society, within a period of 65 days from

the date of receipt of a copy of this judgment and he will

then route the said resolution, through proper channel, to

the Kerala State Co-operative Tribunal

forthwith

thereafter; which Authority, on