Kerala High Court
Kallada Ramesh vs State Co-Operative Election ... on 24 March, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SATHISH NINAN
THURSDAY, THE 24TH DAY OF MARCH 2022 / 3RD CHAITHRA, 1944
WP(C) NO. 10013 OF 2022
PETITIONER:
KALLADA RAMESH,RESIDING AT NIRAPPURAVILAYIL,
CHITTUMALA, EAST KALLADA, KOLLAM.
BY ADVS.P.N.MOHANAN
AMRUTHA SURESH
C.P.SABARI
GILROY ROZARIO
RESPONDENTS:
1 STATE CO-OPERATIVE ELECTION COMMISSION (SCEC)
REPRESENTED BY CHIEF ELECTION COMMISSIONER, 3RD
FLOOR, CO-BANK TOWERS, PALAYAM, VIKAS BHAVAN P O,
THIRUVANANTHAPURAM-695033.
2 THE STATE OF KERALA REPRESENTED BY SECRETARY TO
GOVERNMENT, DAIRY DEVELOPMENT DEPARTMENT,
SECRETARIAT, THIRUVANANTHAPURAM-695001.
3 RETURNING OFFICER TO THIRUVANANTHAPURAM
REGIONAL CO-OPERATIVE MILK PRODUCERS UNION LTD
NO.T 177 D APCOS, KSHEERA BHAVAN, PATTOM,
THIRUVANANTHAPURAM-695004, DEPUTY DIRECTOR, DAIRY
DEVELOPMENT DEPARTMENT, THIRUVANANTHAPURAM.
4 THIRUVANANTHAPURAM REGIONAL CO-OPERATIVE MIL
PRODUCERS UNION LTD NO. T 177 D APCOS
KSHEERA BHAVAN, PATTOM, THIRUVANANTHAPURAM-
695004, REPRESENTED BY MANAGING DIRECTOR.
5 ADDL.R5.BHASURANGAN.N,SOUGHT TO BE IMPLEADED
BY ADVS.R.T.PRADEEP
V.M.KRISHNAKUMAR
P.R.REENA
SR.G.P SRI. BIMAL.K.NATH
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 24.03.2022, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P(C) NO.10013 of 2022
2
JUDGMENT
The petitioner has approached this Court
challenging the rejection of his nomination to
contest the election scheduled to be held on
09.04.2022, to the Managing Committee of the 4 th
respondent Union.
2. The order of rejection was passed referring
to Section 28(6) of the Co-operative Societies Act as
amended in the year 2021. The said provision reads
thus:
"28. Appointment of committee.
...............................................
6) Notwithstanding anything contained in this Act or rules made
thereunder or bye-laws of a Regional Co-operative Milk
Producers' Union, or in any other laws, judgment or Decree or
orders of any Court or Tribunal for the time being in force, no
President of an Anand Pattern Milk Co-operative Society which is
a member of a Regional Co-operative Milk Producers' Union,
shall be eligible to hold office as a member of the Committee of
the Regional Co-operative Milk Producers' Union for more than
three terms or fifteen years whichever is higher.
Provided that the provisions of this sub-section shall not
apply to members of the committee of the Regional Co-operative
Milk Producers' Union holding office as such on the date of
commencement of the Kerala Co-operative Societies
(Amendment) Act, 2021 till the completion of their original term
W.P(C) NO.10013 of 2022
of five years:
Provided further that the provisions in the above proviso
shall not apply to the members of the committee whose tenure was
extended beyond their original term of five years."
3. The petitioner had been a member of the
managing committee for four terms extending to
twenty years. The petitioner claims that Section
28(6) would apply only if he continues in office for
further three terms or fifteen years.
4. Election is notified to be held on
09.04.2022. Law is well settled that, once the
election process has commenced, courts should be
loathe in interfering with the same. The remedy of
the petitioner is to file an Election Petition in
terms of Section 69 of the Co-operative Societies
Act.
Thus, leaving open the right of the petitioner
to avail the statutory remedy, the Writ Petition is
dismissed.
Sd/-
SATHISH NINAN, JUDGE
vdv
W.P(C) NO.10013 of 2022
APPENDIX OF WP(C) 10013/2022
PETITIONER EXHIBITS
Exhibit P1 A TRUE COPY OF THE ELECTION
NOTIFICATION DATED 04.03.2022
PUBLISHED BY THE ELECTION COMMISSION.
Exhibit P2 A TRUE COPY OF THE ACT.NO.34/2021
14.11.2021 PUBLISHED BY KERALA
GAZETTE.
Exhibit P3 A TRUE COPY OF THE WRITTEN SUBMISSION
DATED 22.03.2022 BEFORE THE RETURNING
OFFICER.
Exhibit P4 A TRUE COPY OF THE ORDER DATED
22.03.2022 OF THE RETURNING OFFICER.
