Searching Case Laws & Precedent on Legal Query.....!
Scanned Judgements…!
Searching Case Laws & Precedent on Legal Query.....!
Scanned Judgements…!
In community-driven initiatives like the Kudumbashree project in Kerala, Community Development Societies (CDS) play a vital role in empowering women through self-help groups. A key question often arises: CDS chairperson election—how does it work? Typically, the chairperson is not elected directly by all society members but by an elected governing body or board from among its members. This structure upholds principles of representative democracy, ensuring efficient management and leadership selection.
This blog post explores the legal framework, drawing from cooperative society bylaws, dairy federation examples, and Kerala High Court judgments on CDS elections. While this provides general insights, it is not legal advice—consult a qualified attorney for specific cases.
In cooperative societies, including CDS under schemes like Kudumbashree, the process emphasizes representative democracy. Members first elect a Board of Directors (or Governing Body), which then selects the chairperson from its ranks. This distinction is crucial: there is a lot of difference between election of delegates/representatives to constitute a body and selection of a person by the body from amongst the elected members to be the leader. Vipulbhai M. Chaudhary VS Gujarat Cooperative Milk Marketing Federation Ltd. - 2015 0 Supreme(SC) 477Yellappa VS Chief Secretary, Government Of Karnataka - 2022 0 Supreme(Kar) 915
The management and control vest in this representative body, making the chairperson the leader of the entire society, not just the board. Courts have reinforced this: the Chairperson elected by the Board of Directors is the Chairperson of the society and not of the Board of directors. Vipulbhai M. Chaudhary VS Gujarat Cooperative Milk Marketing Federation Ltd. - 2015 0 Supreme(SC) 477
For CDS, the governing body—elected from among CDS members—meets to elect the chairperson and vice-chairperson. As noted in Kerala High Court rulings, The Governing body of the CDS elected from among the 6 members of the CDS is to meet and elect the Chairperson and Vice-chairperson of the CDS. MINI JOSHI vs THE DISTRICT COLLECTOR, ERNAKULAM - 2018 Supreme(Online)(KER) 53474JANCY MARTIN vs DISTRICT COORDINATORRETURNING OFFICER - 2018 Supreme(Online)(KER) 4292
Elections must follow government-framed rules (e.g., Exhibit P1 rules), ensuring fairness. This mirrors broader cooperative bylaws where the board, including representatives like chairmen of affiliated units, elects the leader.
In analogous dairy federations, bylaws detail the process: The board—comprising chairmen of milk unions, registrar representatives, experts, and nominees—elects the chairperson for a fixed term, such as three years. The Chairperson of the Federation will be elected by the Board for the term of three years and he/she shall continue to hold his/her office till the new Chairperson is elected and takes over. Atulbhai Patel VS State of Gujarat - 2008 0 Supreme(Guj) 572VIPULBHAI M CHAUDHARY VS STATE OF GUJARAT - 2014 0 Supreme(Guj) 324
Key procedural rules include:- Election at the first board meeting after term expiry or vacancy.- Honorary position; immediate filling of vacancies for the remaining term.- Exclusions: Managing Directors cannot vote or contest. The Managing Director of the Federation shall not be entitled to vote and contest the election for the post of Chairperson. Atulbhai Patel VS State of Gujarat - 2008 0 Supreme(Guj) 572VIPULBHAI M CHAUDHARY VS STATE OF GUJARAT - 2014 0 Supreme(Guj) 324
For CDS, similar norms apply under Kudumbashree election rules. Elections, like those on 25.01.2018, must provide fair notice and due process. Cancellation without hearing candidates violates natural justice: Elections must follow due process and provide fair notice to candidates; cancellation of results without notice violates principles of natural justice. JANCY MARTIN vs DISTRICT COORDINATORRETURNING OFFICER - 2018 Supreme(Online)(KER) 4292
Courts emphasize adherence to these processes. If confidence lapses, the board can remove the chairperson democratically: If a person has been selected to an office through democratic process, and when that person loses the confidence of the representatives who selected him, those representatives should necessarily have a democratic right to remove such an office-bearer. Yellappa VS Chief Secretary, Government Of Karnataka - 2022 0 Supreme(Kar) 915
Kerala High Court cases highlight practical issues:- Due Process in CDS Elections: In one case, post-election objections led to cancellation without notice, which the court set aside, directing elected candidates to assume office. JANCY MARTIN vs DISTRICT COORDINATORRETURNING OFFICER - 2018 Supreme(Online)(KER) 4292- Timely Resolution of Complaints: Elected chairpersons must assume office pending complaint resolution to avoid governance disruptions. Authorities were directed to resolve disputes within two weeks. NISHA JOHN vs THE DISTRICT COLLECTOR - 2018 Supreme(Online)(KER) 15503- Access to Records: Newly elected CDS members have rights to essential documents for functioning; courts mandate prompt consideration of handover complaints. NISHA SOMAN Vs EXECUTIVE DIRECTOR, KUDUMBASHREE STATE MISSION, - 2020 Supreme(Online)(KER) 10948- Exhaust Administrative Remedies: Writs may not be maintainable if remedies like approaching the District Election Officer exist, especially near new elections. M A MUNEER vs BINDU KAILAS Advocate -SRI D AJITHKUMAR - 2017 Supreme(Online)(KER) 42394
Broader panchayat-related rulings reinforce board/internal elections over direct member votes, with reservations and rotations handled pre-election. State Of Kerala Represented By Chief Secretary VS Noufal Babu E. K. - 2020 Supreme(Ker) 872Dheeraj Kumar VS State of J&K - 2019 Supreme(J&K) 226
Recommendations for CDS:- Ensure governing body is duly elected first.- Convene meetings per rules (e.g., within three weeks in some contexts). State Of Kerala Represented By Chief Secretary VS Noufal Babu E. K. - 2020 Supreme(Ker) 872- Document everything to preempt disputes.- Adhere to natural justice: notice, hearings, timely resolutions.
Understanding these principles helps CDS members navigate elections smoothly. For tailored guidance, seek professional legal counsel, as rules may vary by bylaws or jurisdiction.
References:1. Vipulbhai M. Chaudhary VS Gujarat Cooperative Milk Marketing Federation Ltd. - 2015 0 Supreme(SC) 477 - Foundational cooperative election principles.2. Yellappa VS Chief Secretary, Government Of Karnataka - 2022 0 Supreme(Kar) 915 - Democratic removal rights.3. Atulbhai Patel VS State of Gujarat - 2008 0 Supreme(Guj) 572 & VIPULBHAI M CHAUDHARY VS STATE OF GUJARAT - 2014 0 Supreme(Guj) 324 - Federation bylaws.4. Various Kerala HC CDS cases (e.g., MINI JOSHI vs THE DISTRICT COLLECTOR, ERNAKULAM - 2018 Supreme(Online)(KER) 53474).
#CDSElection, #Kudumbashree, #ChairpersonElection
The Governing body of the CDS elected from among the 6 members of the CDS is to meet and elect the Chairperson and Vice-chairperson of the CDS. ... 2.It is submitted that an election as contemplated to the post of Chairperson and Vice-chairperson of the CDS was held on 25.01.2018. ... The Community Developmental Society (CDS for short) is to elect a Chairperson and Vice....
The Governing body of the CDS elected from among the members of the CDS is to meet and elect the Chairperson and Vice-chairperson of the CDS. ... The Community Developmental Society (CDS for short) is to elect a Chairperson and Vice chairperson. Exhibit P1 is the rules framed by the Government for the conduct of election to the said posts. ... 2.It is submitted that an election as contemplated to the post of #HL_....
It is stated that the election to the Chairperson and Vice Chairperson of the CDS is to be appointed in terms of the election rules, which were formulated by the Government by Ext.P2 Rules. ... Chairperson of CDS Cheranelloor Grama Panchayath by permitting the candidates from BPL Family to contest said election and further approve the election of the petitioner as Chairperson of p style="text-align ... The....
It is also stated that, petitioner was invited to participate in the East CDS election on 25.01.2018. However, due to some direction at the official level, petitioner was not allowed to participate in the election event of the East CDS. ... According to the petitioner, the election was smoothly conducted in which the petitioner is nominated as the Chairperson of the ADS, and the 4th respondent is elected as the Vice Chairperson of the ADS. ... However, the e....
EXHIBIT P5 A TRUE COPY OF THE REPLY MADE BY THE FORMER SECRETARY TO THE CDS CHAIRPERSON, KIZHAKKAMBALAM. ... EXHIBIT P6 A TRUE COPY OF THE REMINDER LETTER SEND TO MS.SARAMMA ANTONY AND MS.MARY THOMAS BY THE CDS CHAIRPERSON, KIZHAKKAMBALAM. ... EXHIBIT P4 A TRUE COPY OF THE WRITTEN COMPLAINT SUBMITTED BY THE NEWLY ELECTED REPRESENTATIVES OF THE UNIT BEFORE THE CDS CHAIRPERSON, KIIZHAKKAMBALAM DATED ... EXHIBIT P10 A TRUE COPY OF THE WRITTEN COMPLAINT SUBMITTED BY THE CDS#....
It is also stated that, petitioner was invited to participate in the East CDS election on 25.01.2018. However, due to some direction at the official level, petitioner was not allowed to participate in the election event of the East CDS. ... According to the petitioner, the election was smoothly conducted in which the petitioner is nominated as the Chairperson of the ADS, and the 4th respondent is elected as the Vice Chairperson of the ADS. ... However, the e....
in the Community Development Society, Kudumbashree, Perumanna Klari since 02.03.2010, is before this Court seeking to command the first respondent to permit the petitioner to participate in the election which is scheduled to be held on 26.12.2021 for electing the Chairperson for CDS, Perumanna Klari ... The petitioner has been holding the post of Chairperson of the CDS. In order to prevent the petitioner from contesting to the post again, certain persons colluded together with the higher officials and s....
WP(C) No.415 of 2015 is filed by the CDS Chairperson of the CDS, Kizhakkambalam Gramapanchayat against the illegalities perpetrated in the election. Obviously the petitioner is now W.P(C). ... MEMBER SECRETARY COMMUNITY DEVELOPMENT SOCIETY (CDS), KIZHAKKAMABALAM GRAMA PANCHAYAT - 683 562. 5. DISTRICT RETURNING OFFICER (ELECTION) KAKKANAD, ERNAKULAM. 6. ... ABRAHAM, AGED 47 YEARS, KOIKKARA HOUSE, KIZHAKKAMBALAM P.O., KIZHAKKAMBALAM AND CHAIRPERSON, COMMUNITY DEVELOPME....
(CDS) of Edathala Grama Panchayath. ... I notice that even though, initially, an interim order was passed by this Court interdicting the 6th respondent from acting as the Chairperson of the CDS and the other respondents from acting as officers of Kudumbasree Edathala Grama Panchayath, such order was vacated by a subsequent order, dated 18.08.2015 ... It appears from Ext.P13 that a person who is aggrieved by the election procedure, could approach the District Election Officer. Against the order of the D....
Till such time, the election to the chairperson of the east CDS shall be kept in West CDS and South CDS. ... DISTRICT COORDINATOR/RETURNING OFFICER, EAST CDS ELECTION, 25.1.2018, on which day a meeting was called and all delegates p style="position:absolute;white-space
The meeting to elect the Chairperson or Deputy Chairperson shall be convened within three weeks from the date of publication of the names of the elected Councillors, by the State Election Commission, on such date as may be fixed by the State Election Commission. Election of the Chairperson and Deputy Chairperson.
The Chairperson of Block Development Council shall be elected by the electoral college comprising Panches and Sarpanches of Halqa Panchayats falling within the Block. The election shall be held in such manner as may be prescribed.” Election of the chairperson of Block Development Council
The appellant, however, contested the election to the office of Chairperson, ZPP, Prakasam District as an “independent candidate” and cast his vote in his own favour and in favour of one Shri N. Balaji, an independent candidate for the office of Vice-Chairperson. He had contested this election as a candidate of Telugu Desam Party (in short “TDP”) for Prakasam District, Ongole. On 26.06.2014, the Election Commission for the State of Andhra Pradesh (in short “the State Election Commission”)-respondent No.3 herein issued orders directing various District Collectors including the Distr....
Out of the total number of offices of chairperson in the State, the Government shall, subject to such rules as may be prescribed, by notification reserve- (i) such number of offices to the scheduled Castes and Scheduled tribes as may be determined subject to the condition that the number of offices so reserved shall bear, as nearly as may be, the same proportion to the total number of offices to be filled in the State as the population of the Scheduled Castes or Scheduled tribes, as the case may be, in the municipalities of the State bears to the total population in the municipalities of the....
This court found no illegality in conducting any meeting by the Election Commission to elect Chairperson of the Municipality and passed an interim order on 16th December 2005, directing the Election Commission to convene yet another meeting for filling up the post of Chairperson for the Palakkad Municipality. Sanctioned strength of the Palakkad Municipality Council is 50. It states that the superintendence, direction of the preparation of electoral rolls, for, and the conduct of, all elections to the Municipalities shall vest in the State Election Commission. State Election Commiss....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
