IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
&
THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN
Wednesday, the 29th day of June 2022 / 8th Ashadha, 1944
WA NO. 543 OF 2022
AGAINST JUDGMENT DATED 04-04-2022 IN WP(C) 4149/2022 OF THIS COURT
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APPELLANTS/FIRST & SECOND RESPONDENTS:
1. KOLIYOOR SERVICE CO-OPERATIVE SOCIETY LTD NO 2665, KOLIYOOR,
MUTTAKKAD P. O., THIRUVANANTHAPURAM DISTRICT, PIN-695523,
REPRESENTED BY ITS SECRETARY.
2. THE ADMINISTRATIVE COMMITTEE IN THE KALIYOOR SERVICE CO-OPERATIVE
SOCIETY LTD, 2665. KOLIYOOR, MUTTAKKAD P O, PIN-695523,
THIRUVANANTHAPURAM DISTRICT, REPRESENTED BY ITS SECRETARY.BY
ADV.SMT.I.VINAYAKUMARI
RESPONDENT/PETITIONER & RESPONDENTS 3,4,5 & 6:
1. C.K. VIJAYAN., AGED 61 YEARS, S/O CHELLAPPAN NADAR, MEMBER NO.8275,
KOLIYOOR SERVICE CO-OPERATIVE SOCIETY LTD NO.2665, RESIDING AT S. R
NIVAS, POONKULAM, VELLAYANI POST, THIRUVANANTHAPURAM-695522.
2. THE REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL) , OFFICE OF THE
REGISTRAR OF CO-OPERATIVE SOCIETIES, THIRUVANANTHAPURAM-695014.
3. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL), JAWAHAR
SAHAKARNA BHAVAN, JAGATHY, THIRUVANANTHAPURAM-695014.
4. THE STATE CO-OPERATIVE ELECTION COMMISSION , CO-BANK TOWERS,
PALAYAM, THIRUVANANTHAPURAM-695033.
5. THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL),
OOTTUKUZHI, THIRUVANANTHAPURAM-695001.
BY ADV.SRI.SADCHITH P.KURUP FOR R1
SENIOR GOVERNMENT PLEADER SRI.T.K.VIPINDAS FOR R2,R3 & R5
STANDING COUNSEL SRI.C.M.NAZAR FOR R4
Prayer for interim relief in the Writ Appeal stating that in the
circumstances stated in the appeal memorandum, the High Court be pleased
to stay the operation and implementation of the Judgment dated 04.04.2022
in WP(C) No.4149/2022, pending this Writ Appeal.
This Writ Appeal coming on for orders on 29/06/2022 upon perusing
the appeal memorandum, the court on the same day passed the following:
P.T.O.
EXT.P7:TRUE COPY OF THE AMENDED ELECTION NOTIFICATION
DATED 25.10.2016.
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ALEXANDER THOMAS & SHOBA ANNAMMA EAPEN, JJ.
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WA No.543 of 2022
[arising out of judgment in WP(C) No.4149/2022 dated 04.04.2022]
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Dated this the 29th day of June, 2022
ORDER
Sri.C.M Nazar, learned Standing Counsel for the State Co- operative Election Commission appearing for respondent no.4 and Sri.T.K.Vipindas, learned Senior Government Pleader appearing for respondents 2,3 and 5 submits that short time may be granted to enable them to get instructions from the respective parties. In that regard, Electoral officer as well as the Election Commissioner and the Departmental authorities will furnish instructions as to whether pursuant to Ext.P7 notification dated 25.10.2016, the provisional voters list was published and if so, when and also whether final voters list was also published and if so, when. So also all the parties concerned will furnish instructions and apprise this Court as to the impact of SRO No.643/2016 dated 15.10.2016, whereby it has been inter-alia ordered by the State Government in exercise of Powers under Section 101 of the KCS Act that all the Co-Operative Societies which are affected by Section 16A(1) and Section 19A of the KCS Act will stand exempted for a further period of one year, one month and 14 days from 01.01.2016, presumably from the rigor of those provisions etc. This we say so, as the WA No.543 of 2022 2 said SRO No.643/2016 has been published in the gazette of Kerala on 18.10.2016, whereas Ext.P7 election notification has been published only later on 25.10.2016. Later, we are also told that Section 16A and 19A of the KCS Act, (which were earlier introduced in the statute book on 14.02.2013) and enforced with effect from 31.03.2015 have been subsequently deleted from the statute book with effect from 10.04.2017. Hence both sides should apprise this Court as to whether election process said to have been commenced on the basis of Ext.P7 dated 25.10.2016 and later stopped, could be started from the stage where it has stopped and also as to whether the voters list is to be published with reference to the norms based on Section 16A, 19A read with Rule 18A or only on the basis of subsequent amendment thereto, whereby the said provisions have been deleted from the statute book as above. Further, the parties would also submit that this appeal may be listed with WP(C) Nos.34941/2016 and 35617/2016 as the issues are inexplicably connected and as interim stay of the above election process has also been granted in WP(C)No.34941/2016 etc.
2. Smt. I Vinayakumari, learned Standing Counsel appearing for the appellant submits that the appellants apprehend institution of contempt proceedings by the writ petitioner for enforcement of the WA No.543 of 2022 3 impugned judgment and that this Court may pass necessary ad-interim protective measures. Sri.Sadchith P. Kurup, learned Counsel appearing for R1 herein (writ petitioner) submits on the basis of instructions that his party will not institute contempt of Court proceedings arising out of the impugned judgment in the WP(C), during the pendency of this appeal and that this Court may dispose of the appeal without any further delay. The above said undertaking made on behalf of the writ petitioner is recorded.
List this appeal along with WP(C) Nos.34941/2016 and 35617/2016 on 08.07.2022.
Handover to both sides.
Sd/-
ALEXANDER THOMAS JUDGE Sd/-
SHOBA ANNAMMA EAPEN JUDGE Nsd 29-06-2022 /True Copy/ Assistant Registrar