S.Manoharan vs State Co Operative Election ...
2021 Latest Caselaw 7874 Ker

W.P.(C) No.5236/2021              1

              IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

               THE HONOURABLE MR. JUSTICE SUNIL THOMAS

     MONDAY, THE 08TH DAY OF MARCH 2021 / 17TH PHALGUNA, 1942

                       WP(C).No.5236 OF 2021(D)


PETITIONER/S:

       1        S.MANOHARAN
                AGED 58 YEARS
                S/O. SADANANDAN,RESIDING AT SHOBHA MANDIRAM,
                KEEZHATTINGAL.P.O., CHIRAYINKEEZHU,
                THIRUVANANTHAPURAM DISTRICT,PIN-695 101 (MEMBERSHIP
                NO.1444)

       2        K.SHOBHA
                AGED 52 YEARS
                W/O. S.MANOHARAN, RESIDING AT SHOBHA MANDIRAM,
                KEEZHATTINGAL.P.O., CHIRAYINKEEZHU,
                THIRUVANANTHAPURAM DISTRICT,PIN-695 101 (MEMBERSHIP
                NO.1445)

       3        SINDHU.S.
                AGED 44 YEARS
                W/O. SUKUMARAN,RESIDING AT PALAVILA VEEDU,
                KEEZHATTINGAL.P.O., CHIRAYINKEEZHU,
                THIRUVANANTHAPURAM DISTRICT,PIN-695 101 (MEMBERSHIP
                NO.2345)

       4        SUNITHA.S.,
                AGED 45 YEARS
                W/O. ANI, RESIDING AT A.S.BHAVAN,
                KEEZHATTINGAL.P.O., CHIRAYINKEEZHU,
                THIRUVANANTHAPURAM DISTRICT,PIN-695 101 (MEMBERSHIP
                NO.2625)

       5        SINDHU.S.
                AGED 41 YEARS
                W/O. SARASEE, RESIDING AT POOVATHOORVILA VEEDU,
                KEEZHATTINGAL.P.O., CHIRAYINKEEZHU,
                THIRUVANANTHAPURAM DISTRICT,PIN-695 101 (MEMBERSHIP
                NO.2638)

       6        SASI.C.
                AGED 55 YEARS
                S/O. CHELLAPPAN, RESIDING AT KANNANKARA VEEDU,
                KEEZHATTINGAL.P.O., CHIRAYINKEEZHU,
 W.P.(C) No.5236/2021                2

               THIRUVANANTHAPURAM DISTRICT,PIN-695 101 (MEMBERSHIP
               NO.2650)

       7       SATHI.R.
               AGED 49 YEARS
               D/O. VISWANATHAN, RESIDING AT KANNANKARA VEEDU,
               KEEZHATTINGAL.P.O., CHIRAYINKEEZHU,
               THIRUVANANTHAPURAM DISTRICT,PIN-695 101 (MEMBERSHIP
               NO. 2637)

       8       SANTHOSH KUMAR
               AGED 36 YEARS
               S/O. BALAKRISHNAN, RESIDING AT CHARUVALA VEEDU,
               KEEZHATTINGAL.P.O., CHIRAYINKEEZHU,
               THIRUVANANTHAPURAM DISTRICT,PIN-695 101 (MEMBERSHIP
               NO.2739)

       9       SREDHARAN PILLAI
               AGED 77 YEARS
               S/O. SANKARAPILLAI, RESIDING AT BINEESH BHAVAN,
               KEEZHATTINGAL.P.O., CHIRAYINKEEZHU,
               THIRUVANANTHAPURAM DISTRICT,PIN-695 101 (MEMBERSHIP
               NO.2618)

       10      RAMA DEVI
               AGED 71 YEARS
               W/O. NARAYANAPILLAI, RESIDING AT VINEESH BHAVAN,
               KEEZHATTINGAL.P.O., CHIRAYINKEEZHU,
               THIRUVANANTHAPURAM DISTRICT,PIN-695 101 (MEMBERSHIP
               NO.2617)

               BY ADVS.
               SRI.J.R.PREM NAVAZ
               SHRI.SUMEEN S.

RESPONDENTS:

       1       STATE CO OPERATIVE ELECTION COMMISSION
               OFFICE AT 3RD FLOOR CO-BANK TOWERS, VIKAS BHAVAN
               P.O., THIRUVANANTHAPURAM DISTRICT,PIN-695 033

       2       ASSISTANT REGISTRAR GENERAL,
               CO-OPERATIVE SOCIETIES, CHIRAYINKEEZHU,
               THIRUVANANTHAPURAM DISTRICT,PIN-695 101

       3       JOINT REGISTRAR,
               CO-OPERATIVE SOCIETIES, CHIRAYINKEEZHU,
               THIRUVANANTHAPURAM DISTRICT,PIN-695 101

       4       KEEZHATTINGAL RURAL CO-OPERATIVE SOCIETY LTD,
               NO.1540,
 W.P.(C) No.5236/2021             3

               KEEZHATTINGAL P.O.,CHIRAYINKEEZHU,
               THIRUVANANTHAPURAM DISTRICT,PIN-695 101,REPRESENTED
               BY ITS SECRETARY

       5       THE SECRETARY,
               KEEZHATTINGAL RURAL CO-OPERATIVE SOCIETY LTD
               NO.1540, KEEZHATTINGAL P.O.,CHIRAYINKEEZHU,
               THIRUVANANTHAPURAM DISTRICT,PIN-695 101

               SENIOR GOVT.PLEADER BIMAL.K.NATH
               R4-5 BY ADV. SRI.T.R.HARIKUMAR
               R4-5 BY ADV. SRI.ARJUN RAGHAVAN

OTHER PRESENT:

               SRI.R.LAKSHMI NARAYAN,SR.GP BIMAL K NATH

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
08.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C) No.5236/2021                  4




                               JUDGMENT

Dated this the 8th day of March 2021

Petitioners are the members of the 4 th respondent Co-operative

Society. Notification was issued for the election to the Board of Directors

to be held on 14/3/2021. It seems that, the subscription to the share

capital was increased from Rs.50 to Rs.100/- by the 4th respondent.

Petitioner has not remitted the amount due, in the light of that decision. It

appears that, the decision to enhance the subscription to the share capital

was taken in the year 2016. It seems that in the voters list petitioners'

names were absent and due to the non compliance of Section 11 (2) of the

Act. A representation was submitted by the petitioners before the Assistant

Registrar General as Ext.P2, raising these grievances. Contending that

no decision was taken on Ext.P2 and requesting that the petitioners may

be permitted to vote in the meanwhile, petitioners have approached this

Court. It was also contended by the learned counsel for the petitioners that

enhancement of share capital was not intimated to the members

individually by separate notices and the petitioners did not get an

opportunity to challenge that. Decision.

2. Heard the learned counsel for the petitioners, learned standing

counsel for the first respondent- Election Commission, the learned standing

counsel for the Co-operative society and also the learned senior

Government Pleader.

3. Vehemently opposing the application, learned counsel for the

respondent society invited my attention to the decision of this Court in

Rajan K.S. v. Electoral Officer (Asst. Registrar of Coop. Societies

(General,Thaliikulam) 2009 (3) KHC 886) wherein the court held that a

reading of section 11 of the Act in the light of Rule 12 indicate that section

11 and the individual notices as as contemplated under section 11(2)

cannot have any relevance when the society enhances its share value. The

above decision answers the contention of the learned counsel for the

petitioners that they did not get an individual notice. Even otherwise, I am

not inclined to accept the contention of the petitioners that, the petitioners

were not aware of this amendment till now, since the amendment took

place long back in the year 2016.

4. Contention of the learned counsel for the petitioners regarding

removal from membership in the light of Rule 28A, learned standing

counsel for the society invited my attention to the decision reported in

Keecheri Service Co-operative Bank Ltd. No.668 and Another v.

Ramesh M.M.and Others(2020 (1) KHC 167). In this decision, the

Division Bench of this court declared that those members who were

admitted or had not paid the enhanced share value within 60 days of the

election, as originally notified, are not entitled to be included in the voters

list or eligible to exercise their franchise. The Division Bench had clarified

that non payment of the enhanced share value will have bearing on right

to vote and only a member who had paid the share capital prior to sixty

days of election, can be a qualified voter. The above decision answers the

second contention of the learned counsel for the petitioners.

5. It is true that the competent authority has not considered these

issues and the petitioners have not been given an opportunity of being

heard on Ext.P2. At this stage, I feel that consideration of Ext.P2 has

become only academic. Hence, I find no purpose in directing the authority

to consider and to pass appropriate orders on Ext.P2.

The writ petition fails and is accordingly dismissed.

Sd/-

SUNIL THOMAS

JUDGE

dpk

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 THE TRUE COPY OF THE ELECTION NOTIFICATION ISSUED BY THE 1ST RESPONDENT SCHEDULING THE ELECTION TO THE BOARD OF DIRECTORS OF THE 4TH RESPONDENT SOCIETY DATED 03.02.2021

EXHIBIT P2 THE TRUE COPY OF THE REPRESENTATION FILED BY THE PETITIONERS BEFORE THE 2ND RESPONDENT

EXHIBIT P3 THE TRUE COPY OF THE REPRESENTATION FILED BY THE PETITIONERS BEFORE THE 1ST RESPONDENT

EXHIBIT P4 THE TRUE COPY OF THE REPRESENTATION FILED BY THE PETITIONERS BEFORE THE 3RD RESPONDENT