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Santhosh P.K vs The State Co-Operative Election ...
2021 Latest Caselaw 9609 Ker

Citation : 2021 Latest Caselaw 9609 Ker
Judgement Date : 23 March, 2021

Kerala High Court
Santhosh P.K vs The State Co-Operative Election ... on 23 March, 2021
W.P.(C) Nos.5145/2021 & others      1

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                 PRESENT

               THE HONOURABLE MR. JUSTICE SUNIL THOMAS

     TUESDAY, THE 23RD DAY OF MARCH 2021 / 2ND CHAITHRA, 1943

                        WP(C).No.5145 OF 2021(P)


PETITIONER:

               SANTHOSH P.K.
               AGED 49 YEARS
               S/O.P.K.KUTTY, PARACKAL HOUSE, THODUPUZHA EAST
               P.O., KANJIRAMATTOM, IDUKKI DISTRICT

               BY ADVS.
               SRI.T.R.HARIKUMAR
               SRI.ARJUN RAGHAVAN

RESPONDENTS:

       1       THE STATE CO-OPERATIVE ELECTION COMMISSION
               REPRESENTED BY ITS SECRETARY, 3RD FLOOR, CO-BANK
               TOWERS, VIKAS BHAVAN.P.O., THIRUVANANTHAPURAM,PIN-
               695 033

       2       THE REGISTRAR OF CO-OPERATIVE SOCIETIES,
               THIRUVANANTHAPURAM-695 001

       3       THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES
               (GENERAL)
               IDUKKI, IDUKKI DISTRICT-685 603

       4       THE ELECTORAL OFFICER/ASSISTANT REGISTRAR OF CO-
               OPERATIVE SOCIETIES (GENERAL),
               THODUPUZHA, IDUKKI DISTRICT-685 584

       5       THE RETURNING OFFICER/(UNIT INSPECTOR,
               B UNIT, OFFICE OF THE ASSISTANT REGISTRAR OF CO-
               OPERATIVE SOCIETIES (GENERAL) THODUPUZHA, IDUKKI
               DISTRICT-685 584

       6       THE KERALA STATE LEGAL METROLOGY LICENSE AND
               TECHNICIANS CO-OPERATIVE SOCIETY LTD NO.4473,
               REPRESENTED BY ITS SECRETARY, OPP. CIVIL STATION,
               MARIYIL TOWER, THODUPUZHA IDUKKI DISTRICT, PIN-685
               584

       7       THE ADMINISTRATIVE COMMITTEE OF THE KERALA STATE
 W.P.(C) Nos.5145/2021 & others   2

               LEGAL METROLOGY LICENSEES AND
               TECHNICIANS CO-OPERATIVE SOCIETY LTD NO.4473,
               REPRESENTED BY ITS CONVENER, OPP. CIVIL STATION,
               MARIYIL TOWER, THODUPUZHA IDUKKI DISTRICT, PIN-685
               584

               R1 BY ADV. SRI.R.LAKSHMI NARAYAN
               R6-7 BY ADV. SRI.GEORGE POONTHOTTAM (SR.)
               R6-7 BY ADV. SMT.NISHA GEORGE
               GOVT.PLEADER HARISH

     THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 12-
03-2021, ALONG WITH WP(C).5559/2021(T), WP(C).6048/2021(E), THE
COURT ON 23-03-2021 DELIVERED THE FOLLOWING:
 W.P.(C) Nos.5145/2021 & others      3


               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                 PRESENT

               THE HONOURABLE MR. JUSTICE SUNIL THOMAS

     TUESDAY, THE 23RD DAY OF MARCH 2021 / 2ND CHAITHRA, 1943

                        WP(C).No.5559 OF 2021(T)


PETITIONER:

               ANTONY
               AGED 46 YEARS
               S/O ULHANNAN,
               PLAMOOTTIL HOUSE,
               PARATHODU P.O.,
               KOTTAYAM-686512.

               BY ADVS.
               SRI.P.I.GEORGEKUTTY
               SRI.T.KRISHNANUNNI (SR.)

RESPONDENTS:

       1       REGISTRAR OF CO-OPERATIVE SOCIETIES
               SAHAKARANA BHAVAN,
               VAZHUTHAKKAD, THIRUVANANTHAPURAM.

       2       THE KERALA STATE LEGAL METROLOGY LICENSIES AND
               TECHNICIANS,
               CO-OPERATIVE SOCIETY LIMITED NO. 4473, OPPOSITE
               CIVIL STATION, THODUPUZHA, IDUKKI DISTRICT-685584.
               REPRESENTED BY THE SECRETARY IN CHARGE.

       3       K.K.THOMAS
               KALAPPURACKAL HOUSE, PUTHUPARIYARAM P.O.,
               THODUPUZHA-685584.

       4       P.K. MOHANAN
               PARATHIL HOUSE, STAR NAGAR, CHEROOR P.O., THRISSUR-
               680008.

       5       PRADEEP KUMAR
               THUNDATHIL HOUSE,
               VAZHOOR P.O., KOTTAYAM-686144.

       6       ASSISTANT REGISTRAR GENERAL
               (CO-OPERATIVE DEPARTMENT), SAHAKARANA BHAVAN,
               THODUPUZHA-685584.
 W.P.(C) Nos.5145/2021 & others   4



       7       THE UNIT INSPECTOR,
               B.UNIT. ASSISTANT REGISTRAR GENERAL OFFICE,
               SAHAKARANA BHAVAN, THODUPUZHA-685584.

       8       KERALA STATE CO-OPERATIVE ELECTION COMMISSION
               THIRUVANANTHAPURAM.

               SRI.GEORGE POONTHOTTAM (SR)
               R2, R5 BY ADV. SMT.NISHA GEORGE
               R2, R5 BY ADV. SRI.VISHNU B.KURUP
                 GOVT.PLEADER SRI.K.P.HARISH

     THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 12-
03-2021, ALONG WITH WP(C).5145/2021(P), WP(C).6048/2021(E), THE
COURT ON 23-03-2021 DELIVERED THE FOLLOWING:
 W.P.(C) Nos.5145/2021 & others      5


               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                 PRESENT

               THE HONOURABLE MR. JUSTICE SUNIL THOMAS

     TUESDAY, THE 23RD DAY OF MARCH 2021 / 2ND CHAITHRA, 1943

                        WP(C).No.6048 OF 2021(E)


PETITIONERS:

       1       SANTHOSH.P.K
               AGED 49 YEARS
               S/O P.K. KUTTY,
               PARACKAL HOUSE,
               THODUPUZHA EAST P.O.,
               KANJIRAMATTOM,
               IDUKKI DISTRICT, PIN-685585.

       2       TOMY JOHN,
               AGED 60 YEARS
               S/O JOHN,
               KUNNUMMEL HOUSE, MUTHALAKODAM P.O., THODUPUZHA,
               IDUKKI DISTRICT, PIN-685605.

       3       SIBY GEORGE,
               AGED 52 YEARS
               S/O T.U. GEORGE, THEKKEKKARA HOUSE, EDAVETTY P.O.,
               THODUPUZHA,
               IDUKKI DISTRICT,
               PIN-685588.

       4       PAVITHRAN K.M,
               AGED 56 YEARS
               S/O NARAYANAN, KANJIRAMKALAYIL, ATHIRAMPUZHA.P.O.,
               KOTTAYAM DISTRICT, PIN-686562.

               BY ADVS.
               SRI.T.R.HARIKUMAR
               SRI.ARJUN RAGHAVAN

RESPONDENTS:

       1       THE STATE CO-OPERATIVE ELECTION COMMISSION
               REPRESENTED BY ITS SECRETARY, 3RD FLOOR, CO-BANK
               TOWERS,
               VIKAS BHAVAN P.O.,
               THIRUVANANTHAPURAM, PIN-695033.
 W.P.(C) Nos.5145/2021 & others   6

       2       TEH REGISTRAR OF CO-OPERATIVE SOCIETIES,
               JAWAHAR SAHAKARANA BHAVAN, DPI JUNCTION, THUCAUD
               P.O., THIRUVANANTHAPURAM-695014.

       3       THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES
               (GENERAL),
               IDUKKI,
               IDUKKI DISTRICT-685603.

       4       THE ELECTORAL OFFICER/ASSISTANT REGISTRAR OF CO-
               OPERATIVE SOCIETIES (GENERAL), THODUPUZHA,
               IDUKKI DISTRICT-685584.

       5       THE RETURNING OFFICER/UNIT INSPECTOR, B UNIT,
               OFFICE OF THE ASISTANT REGISTRAR OF
               CO-OPERATIVE SOCIETIES (GENERAL), THODUPUZHA,
               IDUKKI DISTRICT-685584.

       6       THE KERALA STATE LEGAL METROLOGY LICENSEES AND
               TECHNICIANS CO-OPERATIVE SOCIETY LTD NO. 4473,
               REPRESENTED BY ITS SECRETARY, OPP. CIVIL STATION,
               MARIYIL TOWER, THODUPUZHA, IDUKKI DISTRICT, PIN-
               685584.

       7       THE ADMINISTRATIVE COMMITTEE OF THE KERALA STATE
               LEGAL METROLOGY
               LICENSEES AND TECHNICIANS CO-OPERATIVE SOCIETY LTD,
               NO.4473, REPRESENTED BY ITS CONVENER, OPP. CIVIL
               STATION,
               MARIYIL TOWER, THODUPUZHA, IDUKKI DISTRICT, PIN-
               685584.

       8       ADDL.R8.ANTONY, S/O.ULAHANNAN, AGED 46 YEARS
               PLAMOOTTIL HOUSE,PARATHODU P.O.,KOTTAYAM - 686 512
               ( IMPLEADED AS PER ORDER IN IA NO.1/2021 DATED
               12/3/2021)

               R8 BY ADV. T.KRISHNANUNNI (SR.)
               R8 BY ADV. SRI.P.I.GEORGEKUTTY

OTHER PRESENT:
             SRI.GEORGE POONTHOTTAM (SR.),SR.GP K.P HARISH

     THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 12-
03-2021, ALONG WITH WP(C).5145/2021(P), WP(C).5559/2021(T), THE
COURT ON 23-03-2021 DELIVERED THE FOLLOWING:
 W.P.(C) Nos.5145/2021 & others        7




                                 JUDGMENT

[ WP(C).5145/2021, WP(C).5559/2021, WP(C).6048/2021 ]

These writ petitioners relate to the election proposed to be held on

25/3/2021 to the governing body of the Kerala State Legal Metrology

licensees & Technicians Co-operative Society Ltd.( Hereinafter referred to

as the "society: for short). The petitioners in W.P.(C) No.5145/2021 &

6048/2021 are the class A members of the Society. The first petitioner in

W.P.(C)No. 6048/2021 is the petitioner in W.P.(C) No. 5145/2021. W.P.

(C)No. 5559/2021 is filed by a B class member of the above society.

2. It is an admitted fact that the society is a miscellaneous society

managed by the elected committee consisting of 13 members. As per the

Constitution of the Committee, the membership is divided into three

classes viz.A,B & C. A class members are persons who have licence of

legal metrology ( manufacturing, sales and repairing). Employees who are

working with the legal metrology licencees are entitled to get B class

membership. The depositors and loanees can be become C class

members, but they are not entitled to vote in the election and cannot

contest as a candidate. However, they are entitled for the various benefits

allotted to the members of the society. The area of operation of the

society is within the entire State.

3. The last election to the managing committee was held on

21/7/2012. Since there were wide spread allegations of misappropriation

and mismanagement, by judgment in W.P.(C)Nos.23399/2017 and

23443/2017 this Court had directed the appointment of an administrative

committee. Accordingly, administrative committee was appointed on

21/7/2017 and since then, there is no elected managing committee.

4. According to the society, the then managing committee had

granted A class membership to several persons who are not eligible to be

granted membership as per the bye law of the society. Several B class

members, were also included even without the knowledge of the A class

members who are the employers of the B class members. Several

members were allegedly admitted into membership on the basis of false

certificates and there were considerable manipulations in the admision

register also. The then President had availed huge amounts of loans in the

name of other persons and paid the share value of ineligible A class

members. An enquiry was conducted under section 65 of the Co-

operative Societies Act and proceeding under section 68 were completed.

A report was filed which was set aside by the Government and directed to

conduct a fresh section 65 enquiry. Accordingly, the report was filed on

2/4/2019. In the earlier report as well in the present enquiry report, it was

found that only 120 members are eligible to continue as A class members

and only 48 persons are eligible to get B class membership. There was a

separate list of A class members and B class members who are not eligible

to get membership. The enquiry officer found that 49 members are not

eligible to get A class membership and more than 439 members are also

not eligible to be B class members. It was also found that the then existing

managing committee has granted membership to persons who did not

even remit the application fee and the share value.

5. The petitioner filed W.P.(C) No.19724/2017 for a direction to the

registrar to consider Ext.P3 representation filed by him against the illegal

and ineligible grant of membership by the then managing committee. This

court by judgment disposed of it with a direction to the Registrar to

consider Ext.P3 representation within six weeks. On the basis of Ext.P4,

the enquiry officer also verified the records aunnd found that only 120

persons are eligible to continue as A class members. Some of the

members included by the former President of the society, filed W.P.(C)

No.16636/2019 and connected cases against the cancellation of the

membership and by Ext.P5 judgment, this Court found that procedure was

in order and dismissed the writ petition with a direction to conduct the

election. The administrative committee was directed to pass resolution for

election within a period of one month.

6. Accordingly, the administrative committee forwarded the

resolution to conduct the election on 25/3/2021 and election commission

published the notification. On the basis of the notification, preliminary

voters list was published which contained the names of 169 persons as A

class members and 488 persons as B class members which is totally

against the finding in section 65 enquiry report. The final voters list has

been approved without much change.

7. Hence, the writ petition was filed, inter alia, contending that the

election procedure was improper and the membership list was manipulated

to ensure that the outcome of the election is engineered in favour of the

present administrative committee. Accordingly, the petitioner sought for a

direction in W.P(C) No.6048/2021 to remove the name of 49 ineligible A

class persons and 434 B class persons who were found ineligible as

members as per section 65 enquiry report. There was a further prayer to

remove the administrative committee whose term had expired and to

appoint a part time administrator.

8. W.P.(C) 5145/2021 was filed by the first petitioner in W.P.(C)

6048/2021. The prayer sought in this writ petition was to direct

respondent 1 to 4 to consider the objection to the preliminary voters list in

the light of finding in Section 65 enquiry report regarding the eligibility of

members to be included. In the above writ petition, counter affidavit was

filed by the society as well as by the 6 th and 7th respondents who are the

society and its administrative committee. The election commission also

filed a separate statement.

9. W.P.(C) No.5559/2021 was filed by another member of the society

who is a B class member seeking identical relief. Essentially, he had

contended that the administrative committee was thoroughly incompetent

to take any decision and their recommendation for conducting the election

itself was unsustainable. Hence, the petitioner in that writ petition sought

to quash Ext.P6 proclamation. It was directed that further reliefs were

sought including a direction for removing the first respondent to cancel the

membership of ineligible persons admitted during the administration of

first respondent in the second respondent society.

10. The society and one of its administrative committee member has

filed a counter statement in the above writ petition. The common

contention set up by the society in the writ petitions is that the decision was

properly taken in accordance with law. It was contended that new

members were admitted in accordance with law and a finding in an

enquiry under section 65 cannot be the basis for finalising the voters list.

It was contended that, once a person is admitted to the membership he

can be removed only by due process of law and there cannot be a removal

on the basis of an enquiry conducted under section 65 of the Co-

operative Societies Act.

11. Heard the learned counsel for the writ petitioners in W.P.(C)

No.6048/2021 and W.P.(C)No. 5145/2021, the senior counsel for Writ

Petitioner in W.P.(C)5559/2021, the learned senior counsel for the society

and the learned senior Government pleader for the State and the Registrar

of the Co-operative society.

12. The W.P(C)No.5559/2021 has also filed an impleading petition to

get himself impleaded as additional respondent No.8 in W.P.(C)

No.6048/2021.

13. The essential facts are not in dispute. The crux of the dispute

relates to the membership. The writ petitioner in W.P.(C) No.5145/2021

submitted that in the light of finalization of the list, the above writ petition

has become infructuous and he is pursuing only W.P.(C) No.6048/2021. In

that writ petition as well as W.P.(C) No.5559/2021, the petitioners have a

common contention that the membership list is highly inflated, several

ineligible members have been wrongly admitted and with this list, election

process will be a farce. It was contended that election process is liable to

be immediately interfered with. This was vehemently opposed by the

learned senior counsel on behalf of the society contending that all the

members were admitted in accordance with law.

14. A perusal of the common judgment of this court in W.P.(C) Nos.

18775/2019, 16636/2019 & 24673/2019 itself indicates that as per

resolution No.2 dated 13/2/2017 of the managing committee of the society,

various persons mentioned therein were granted membership in the

society. Subsequently, managing committee in its meeting dated

14/6/2017 itself resolved to cancel the membership granted on 13/2/2017.

15. It is also on record that though not in a proceeding directly related

to a membership, but in a collateral proceeding under section 65 of the

Co-operative societies Act, two registration in their separate reports,

consistently found that the several members were added through a wrong

procedure and by diverting the funds of the society itself. It was also

stated that several records were manipulated, members were added

interpolation committed and correction were done in the register.

Extensive enquiry was undertaken by the Registrar. Specific details of

such members who had been added are also seen in the report. Ultimately,

both the reports arrived at the conclusion that only 48 members are eligible

to get B class membership and 120 members are eligible to continue as A

class members. This virtually means that they are the only persons who

are entitled to vote. Other persons ineligible to vote. It is true that voters

list is to be prepared by the due procedure. Normally, the report of enquiry

cannot be the basis for the electoral role. However, the published

preliminary voters list cannot be accepted for the reasons mentioned

above. Hence, the list prepared in section 65 enquiry can be the basis of

preliminary voters list. However, for the purpose of deciding whether they

are eligible to vote, the reports under section 65 is specific, confining the

right to 120 person under A class and 48 persons under the B class

membership.

16. The Registrar of Co-operative Societies has filed a counter in

W.P.(C) 18775/2017 which is produced as Ext.P6 in W.P.(C) No.

6048/2021. In that it was stated one of the petitioners in that writ petition

was a member who was facing surcharge proceedings. That petitioner

had been frequently approaching this court for avoiding the proceedings

under section 65 and to take control of the society. It was also stated that

petitioner has to repay lakhs of rupees due to the society by way of

advance direct and indirect loans. It was stated that, most of the ex

managing committee members are facing section 68 surcharge

proceedings. Section 65 enquiry proved that so many fake members were

admitted in the society under the leadership of the petitioner in that writ

petition, Sri.K.K.Thomas. It was also found that under the leadership of the

above said persons, many documents were forged, including board

meeting of the resolution to capture the control of the society. It was also

found by the enquiry that more than 200 members were admitted in the

society without paying their share amount and admission fees which are

against the Cooperative Societies Act & Rules and bye laws. The share

amount and admission fees were paid by debiting a loan amount. Section

65 enquiry report also revealed the misappropriation of the society funds

for personal business of the writ petitioner in that writ petition.

17. The above counter affidavit filed by the register clearly shows

that there were wide spread manipulations in the admission of members.

One of the crucial document relied on by the writ petitioner in W.P.(C) No.

6048/2021 as Ext.P12, a letter given by one K.N.Pavithran who was a A

class member of the society. He was the member of the managing

committee of the erstwhile managing committee. It was stated that

misusing his licence, the former president Sri.K.K.Thomas had admitted 9

members in the B class. He had asserted that those persons were not

employed under him and he had requested for cancellation of the

membership of those members and had given a written request to the

enquiry officer under section 65..

18. These materials brought on record clearly indicate that

preliminary voters list published by the election commission, pursuant to

election notification contains several persons who are ineligible and who

have been wrongly and falsely included in the members list with mala

fide motives. Evidently, in the light of such wide spread allegations,

conducting of the election with such a large number of doubtful persons in

the list cannot be accepted. Having considered this, I have no doubt in my

mind that with this preliminary and final list , free and fair election will not

be possible. Since the election stands fixed to 25/3/2021, the notification

to the extent of fixing the election on 25/3/2021 is liable to be quashed.

Election is liable to be deferred. Consequently, W.P(C) No. 6048/2021

and W.P(C) No.5559/2021 are liable to be allowed as follows:

1). The Election notification to the extent of fixing the election on

25/3/2021 shall stand quashed. Election is hence liable to be deferred.

2). The administrative Committee shall, within a period of three

weeks from the date of receipt of a copy of this judgment, recommend a

fresh date for conducting the election in accordance with law.

3). Fresh election shall be conducted on the basis of a fresh electoral

list. The preliminary voters list shall be based on 120 A class members

who are found to be eligible in section 65 enquiry and 48 persons who are

eligible to get B class membership. Those other persons who are able to

establish that they have been validly admitted will be entitled to seek for

correction of the preliminary voters list. The election shall be on the basis

of the above preliminary voters list. This fact shall be notified in the fresh

election notification. The election commission shall conduit the election, as

expeditiously as possible, taking into consideration the fact that election

to the managing committee was lastly conducted in the year 2017.

W.P.(C) No.6048/2021 & 5559/2021 are allowed as above. W.P.(C)

No.5145/2021 stands closed as infructuous.

Sd/-

SUNIL THOMAS

JUDGE

dpk

APPENDIX OF WP(C) 5145/2021 PETITIONER'S/S EXHIBITS:

EXHIBIT P1               A TRUE COPY OF THE RELEVANT PAGES OF THE
                         BYLAWS OF THE 6TH RESPONDENT SOCIETY

EXHIBIT P2               A TRUE COPY OF THE RELEVANT PAGES OF THE
                         SECTION 65 ENQUIRY REPORT

EXHIBIT P3               A TRUE COPY OF THE JUDGMENT DATED
                         14.06.2017 IN WPC NO.19724 OF 2017

EXHIBIT P4               A TRUE COPY OF THE ORDER NO.M.T.(4)
                         31709/2017 DATED 27.09.2017 ISSUED BY THE
                         2ND RESPONDENT

EXHIBIT P5               A TRUE COPY OF THE JUDGMENT DATED
                         02.12.2020 IN WPC NO.16636 OF 2019 AND
                         CONNECTED CASES

EXHIBIT P6               A TRUE COPY OF THE COUNTER AFFIDAVIT DATED
                         05.02.2020, FILED BY THE 3RD RESPONDENT IN
                         WPC NO.18775 OF 2019

EXHIBIT P7               A TRUE COPY OF THE NOTIFICATION
                         NO.01/165/2021/E(10/S.C.E.C.DATED
                         28.01.2021 ISSUED BY THE 1ST RESPONDENT

EXHIBIT P8               A TRUE COPY OF THE PRELIMINARY VOTERS LIST
                         PUBLISHED BY THE ELECTORAL OFFICER DATED
                         22.02.2021

EXHIBIT P9               A TRUE COPY OF THE REPRESENTATION FILED BY
                         THE PETITIONER BEFORE THE ELECTION
                         COMMISSION DATED 23.02.2021

EXHIBIT P10              A TRUE COPY OF THE REPRESENTATION FILED BY
                         THE PETITIONER BEFORE THE ELECTION
                         COMMISSION DATED 23.02.2021

EXHIBIT P11              A TRUE COPY OF THE COMMUNICATION DATED
                         13.02.2020 ISSUED BY THE 2ND RESPONDENT

EXHIBIT P12              A TRUE COPY OF THE REPRESENTATION FILED BY
                         THE A AND B CLASS MEMBERS BEFORE THE 1ST
                         RESPONDENT DATED 11.02.2021

ANNEXURE R1 (A): COPY OF PROCEEDINGS ISSUED BY ELECTORAL OFFICER DATED 2/3/2021

APPENDIX OF WP(C) 5559/2021 PETITIONER'S/S EXHIBITS:

EXHIBIT P1 THE TRUE COPY OF THE BYELAWS OF SOCIETY.

EXHIBIT P2 THE TRUE COPY OF THE MINUTES OF MEETING AS OF 14.06.2017.

EXHIBIT P3 THE TRUE COPY OF THE ORDER OF THE REGISTRAR OF CO-OPERATIVE SOCIETY DATED 31.10.2018.

EXHIBIT P4 THE NAMES OF THE PERSONS INDUCTED IN EXT.P2.

EXHIBIT P5 THE COPY OF THE ORDER OF THIS HON'BLE COURT IN WPC NOS.23399 AND 23443 OF 2017 DATED 19/7/2017.

EXHIBIT P6 THE TRUE COPY OF THE PROCLAMATION RELEASED IN NEWS PAPER DATED 15.2.2021.

EXHIBIT P7 THE TRUE COPY OF THE OBJECTION SUBMITTED BY THE 3RD RESPONDENT DATED 25/2/2021.

EXHIBIT P8               THE TRUE COPY OF THE ORDER OF 1ST
                         RESPONDENT DATED 1.7.2019.

EXHIBIT P9               THE TRUE COPY OF THE ANSWER UNDER RTI ACT
                         DATED 3.12.2020.

EXHIBIT P10              THE TRUE COPY OF THE COMPLAINT SUBMITTED BY
                         V.M. PRATHAPAN DATED NIL.

EXHIBIT R2 (A: COPY OF THE G.O.(P) NO.5/2021/CO-OP DATED 7/1/2021.

EXHIBIT R2 (B): COPY OF THE RELEVANT PAGES OF THE RESOLUTION PASSED BY THE ADMIISTRATAIVE COMITEE OF THE SOCIETY DATED 20/1/2021.

APPENDIX OF WP(C) 6048/2021 PETITIONER'S/S EXHIBITS:

EXHIBIT P1 A TRUE COPY OF THE RELEVANT PAGES OF THE BYELAWS OF THE 6TH RESPONDENT SOCIETY.

EXHIBIT P2 A TRUE COPY OF THE RELEVANT PAGES OF THE SECTION 65 ENQUIRY REPORT.

EXHIBIT P3               A TRUE COPY OF THE JUDGMENT DATED
                         14.06.2017 IN WPC NO.19724 OF 2017.

EXHIBIT P4               A TRUE COPY OF THE ORDER NO M.T(4)3179/2017
                         DATED 27/09/2017 ISSUED BY THE 2ND
                         RESPONDENT.

EXHIBIT P5               A TRUE COPY OF THE JUDGMENT DATED
                         01.12.2020 IN WPC NO.16636 OF 2019 AND
                         CONNECTED CASES.

EXHIBIT P6               A TRUE COPY OF THE COUNTER AFFIDAVIT DATED
                         05.02.2020, FILED BY THE 3RD RESPONDENT IN
                         WPC NO. 18775 OF 2019.

EXHIBIT P7               A TRUE COPY OF THE NOTIFICATION NO.

01/165/2021/E(1)/S.C.E.C DATED 28/01.2021 ISSUED BY THE 1ST RESPONDENT.

EXHIBIT P8 A TRUE COPY OF THE REPRESENTATION FILED BY THE 1ST PETITIONER BEFORE THE ELECTION COMMISSION DATED 23.02.2021.

EXHIBIT P9 A TRUE COPY OF THE REPRESENTATION FILED BY TH4E 1ST PETITIONER BEFORE THE ELECTORAL OFFICER DATED 23.02.2021.

EXHIBIT P10 A TRUE COPY OF THE REPRESENTATION FILED BY THE 2ND PETITIONER BEFORE THE ELECTORAL OFFICER DATED 25/02.2021.

EXHIBIT P11 A TRUE COPY OF THE REPRESENTATION FILED BY THE 3RD PETITIONER BEFORE THE ELECTORAL OFFICER DATED 25/02.2021.

EXHIBIT P12 A TRUE COPY OF THE REPRESENTATION FILED BY THE 4TH PETITIONER BEFORE THE ELECTORAL OFFICER DATED 24/02.2021.

EXHIBIT P13 A TRUE COPY OF THE COMMUNICATION DATED 13.02.2020 ISSUED BY THE 2ND RESPONDENT.

EXHIBIT P14 A TRUE COPY OF THE FINAL VOTERS LIST PUBLISHED BY THE ELECTORAL OFFICER.

EXHIBIT P15 A TRUE COPY OF THE G.O(P) NO.5/2021/CO-OP DATED 07.01.2021.

EXT.R8(A): DETAILS OF THE ADMISSION OF PERSONS TO THE SOCIETY IN COLLABORATION WITH THE ASSISTANT REGISTRAR DATED NIL.

EXT.R8(B): COPY OF THE COMPLAINT BY KURIAKOSE DATED 25/4/2017

EXT.R8(C): COPY OF PAGES 84 TO 89 OF THE MINUTES BOOK OF THE SOCIETY DTAED 13/2/2017

EXT.R8(D): COPY OF THE POSTAL RECEIPTS DATED 24/6/2017

EXT.R8(E): COPY OF THE ORDER PASSED BY THE REGISTRAR DATED 31/10/2018

EXT.R8 (F): DETAILS OF THE ADMIISTRATION COMMITTEES DATED NIL.

EXT.R8 (G): COPY OF THE PROCEEDINGS OF THE KERALA LEGAL METROLOGY CONTROLLER DATED 19/8/2013

EXT.R8(H): COPY OF PAGES 47 AND 48 OF THE 65 ENQUIRY

EXT.R8(I) : COPY OF THE MINUTES OF THE SOCIETY DATED 20/1/2021

EXT.R8 (J) COPY OF THE REQUEST ADE BY K.K.THOMAS DATED 21/1/2021.

 
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