Kerala High Court
Board Of Directors Of ... vs The State Co-Operative Election ... on 19 February, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SUNIL THOMAS
FRIDAY, THE 19TH DAY OF FEBRUARY 2021 / 30TH MAGHA,1942
WP(C).No.1476 OF 2021(H)
PETITIONER/S:
1 BOARD OF DIRECTORS OF THIRUVANANTHAPURAM
REGIONAL CO-OPERATIVE MILK PRODUCERS
UNION LTD.NO.T 177D, APCOS,
REPRESENTED BY CHAIRMAN, KSHEERA BHAVAN,
PATTTOM, THIRUVANANTHAPURAM.
2 THIRUVANANTHAPURAM REGIONAL
CO-OPERATIVE MILK PRODUCERS UNION
LTD.NO.T 177D,
APCOS, REPRESENTED BY MANAGING DIRECTOR,
KSHEERA BHAVAN, PATTOM, THIRUVANANTHAPURAM.
BY ADVS.
SRI.P.N.MOHANAN
SRI.C.P.SABARI
SMT.AMRUTHA SURESH
RESPONDENT/S:
1 THE STATE CO-OPERATIVE ELECTION COMMISSION
REPRESENTED BY CHIEF ELECTION COMMISSIONER, 3RD
FLOOR, CO-BANK TOWERS, PALAYAM, VIKAS BHAVAN P.O.,
THIRUVANANTHAPURAM-695033.
2 THE DIRECTOR,
OFFICE OF THE DIRECTOR OF DAIRY DEVELOPMENT
DEPARTMENT, PATTAM, THIRUVANANTHAPURAM-695004.
3 MANAGING COMMITTEE OF VADAKKEPUTHUVEEDU
SHEEROLPADAKA SAHAKARANA SANGAM
LTD.NO.T 100,
APCAOS, REPRESENTED BY PRESIDENT,
KAKKARAVILA, PLAMOOTTUKADA,
THIRUVANANTHAPURAM-695122.
4 ADDL.R4.K.R.MOHANAN PILLAI
AGED 65 YEARS, S/O.KUNHIRAMA KURUP, KOTTARA,
MEEYANNUR P.O., KOLLAM DISTRICT.
ADDL.R4 IMPLEADED AS PER ORDER DATED 01-02-2021 IN
IA 1/2021.
WP(C).No.1476 OF 2021(H)
2
5 ADDL.MANAGING COMMITTEE
VELLOORKONAM MILK PRODUCERS CO-OPERATIVE
SOCIETY LIMITED NO.T 165, (D) APCOS, KOOVALASSRY
P.O., THIRUVANANTHAPURAM-695 512.
ADDL.R5 IMPLEADED AS PER ORDER DATED 01-02-2021 IN
IA 2/2021.
R1 BY ADV. SRI.R.LAKSHMI NARAYAN
R2 BY SRI.RANJITH THAMPAN,ADDL.ADVOCATE GENER
R3 BY ADV. SRI.K.K.CHANDRAN PILLAI (SR.)
R3 BY ADV. SMT.S.AMBILY
R3 BY ADV. SHRI.MICKY THOMAS
R4 BY ADV. M.SASINDRAN
R5 BY ADV. SRI.R.T.PRADEEP
R5 BY ADV. SMT.M.BINDUDAS
R5 BY ADV. SRI.K.C.HARISH
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
16-02-2021, THE COURT ON 19-02-2021 DELIVERED THE FOLLOWING:
WP(C).No.1476 OF 2021(H)
3
JUDGMENT
W.P.(C) is filed by the petitioners challenging Ext.P8
order issued by the Election Commission for a direction
to conduct election to the union. While the W.P.(C) was
pending and heard in extenso, Government has
promulgated an Ordinance No.32/2021 published on
12.02.2021, and an administrator was appointed by
order dated 16.02.2021. Administrator took charge on
the same day. An affidavit is filed by the 2 nd petitioner as
IA.No.3 of 2021 along with the relevant documents. In
the light of the averments contained in IA.No.3 of 2021
and IA.No.4 of 2021, I feel that the Writ Petition cannot
now survive. Hence the Writ Petition is closed, reserving
the right of the petitioners herein to seek appropriate
relief in accordance with law.
Sd/-
SUNIL THOMAS, JUDGE
R.AV
WP(C).No.1476 OF 2021(H)
APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 A TRUE COPY OF THE SRO 693/2019 DATED
28.09.2019 OF THE GOVERNMENT OF
KERALA.
EXHIBIT P2 A TRUE COPY OF THE RELEVANT
PROVISION IN THE BYE-LAWS
INCORPORATING AMENDMENTS APPROVED
BY DIARY REGISTRAR UPTO 29.06.2018.
EXHIBIT P3 A TRUE COPY OF THE ELECTION
NOTIFICATION DATED 14.07.2015 ISSUED
BY THE ELECTION COMMISSION.
EXHIBIT P4 A TRUE COPY OF THE SRO NO.291/2020
DATED 24.04.2020 OF THE GOVERNMENT
OF KERALA.
EXHIBIT P5 A TRUE COPY OF THE RESOLUTION OF THE
MANAGING COMMITTEE DATED 18.12.2020
ALONG WITH COVERING LETTER DATED
21.12.2020, PROFORMA AND THE CHALAN.
EXHIBIT P6 A TRUE COPY OF THE LETTER DATED
13.01.2021 OF THE SECOND PETITIONER.
EXHIBIT P7 A TRUE COPY OF THE PETITION DATED
13.01.2021 OF THE SECOND PETITIONER
ADDRESSED TO THE SECOND RESPONDENT
ALONG WITH ACKNOWLEDGMENT OF HAND
DELIVERY BOOK.
EXHIBIT P8 A TRUE COPY OF THE ORDER DATED
12.01.2021 OF THE FIRST RESPONDENT.
EXHIBIT P9 TRUE COPIES OF THE ELECTORAL ROLL OF
4 DISTRICTS CONSISTING OF 923
MEMBERS.
EXHIBIT P10 A TRUE COPY OF THE LETTER DATED
04.05.2020 OF THE TRCMP UNION.
EXHIBIT P11 A TRUE COPY OF THE LETTER DATED
06.05.2020 OF THE DISTRICT COLLECTOR.
WP(C).No.1476 OF 2021(H)
EXHIBIT P12 A TRUE COPY OF THE CIRCULAR
RESOLUTION DATED 18.05.2020 OF THE
GENERAL BODY PUBLISHED IN THE NEWS
PAPERS AND THE RESULT THEREOF.
EXHIBIT P13 A TRUE COPY OF THE ORDER DATED
17.12.2020 OF THE SECOND RESPONDENT.
EXHIBIT P14 A TRUE COPY OF THE LETTER DATED
26.08.2020 OF THE SECOND PETITIONER.
EXHIBIT P15 A TRUE COPY OF THE 26.08.2020 OF THE
SECOND RESPONDENT.
EXHIBIT P16 A TRUE COPY OF THE 08.09.2020 OF THE
DISTRICT COLLECTOR.
EXHIBIT P17 A TRUE COPY OF THE JUDGMENT DATED
09.12.2020 IN W.P.(C)NO.25242/2020.
EXHIBIT P18 A TRUE COPY OF THE COMMUNICATION
DATED 15.10.2020 OF THE SECOND
RESPONDENT.
EXHIBIT P19 A TRUE COPY OF THE JUDGMENT DATED
08.01.2021 IN W.P.(C)NO.28376/2020.
EXHIBIT P20 A TRUE COPY OF THE PETITION DATED
16.12.2020 SUBMITTED BY THE THIRD
RESPONDENT.
EXHIBIT P21 A TRUE COPY OF THE LIQUIDATION
PROCEEDINGS DATED 04/04/2019 OF THE
OTTUPARA KUCS.
EXHIBIT P22 A TRUE COPY OF THE LIQUIDATION
PROCEEDINGS DATED 01/11/2018 OF THE
VADASSERIKKARA VADAKKU KUCS.
EXHIBIT P23 A TRUE COPY OF THE LIQUIDATION
PROCEEDINGS DATED 29/09/2018 OF THE
NEERATTUKAVU KUKKUDUMON KUCS.
EXHIBIT P24 A TRUE COPY OF THE LIQUIDATION
PROCEEDINGS DATED 29/09/2018 OF THE
ANGAMUZHI KUCS.
EXHIBIT P25 A TRUE COPY OF THE LIQUIDATION
PROCEEDINGS DATED 27/09/2018 OF THE
KUMARAMPERUR KUCS.
WP(C).No.1476 OF 2021(H)
EXHIBIT P26 A TRUE COPY OF THE ORDER DATED
07/03/2019 OF APPOINTING THE
LIQUIDATOR IN CHIRAVUR KUCS.
EXHIBIT P27 A TRUE COPY OF THE ORDER DATED
24/04/2018 APPOINTING THE
LIQUIDATOR IN NADATHURUTH KUCS.
EXHIBIT P28 A TRUE COPY OF THE ORDINANCE
NO.32/2021 PUBLISHED IN THE GAZETTE
DATED 12/2/2021
EXHIBIT P29 A TRUE COPY OF THE ORDER DATED
16/2/2021 THE SECOND RESPONDENT
RESPONDENT'S/S EXHIBITS NIL
