Koliyoor Service Co-Operative ... vs C.K. Vijayan
2022 Latest Caselaw 7959 Ker

                  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

                                   ---

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.

                             ---
  ALEXANDER THOMAS & SHOBA ANNAMMA EAPEN, JJ.
    ===================================
               WA No.543 of 2022
     [arising out of judgment in WP(C) No.4149/2022 dated 04.04.2022]
  =========================================
         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

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

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