Satheesh T.S vs The State Co-Operative Election ...
2023 Latest Caselaw 7318 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
                THE HONOURABLE MR. JUSTICE GOPINATH P.
        TUESDAY, THE 27TH DAY OF JUNE 2023 / 6TH ASHADHA, 1945
                       WP(C) NO. 10643 OF 2023
PETITIONER:

            SATHEESH T.S,
            AGED 48 YEARS,
            S/O.T.G.SREEDHARAN PILLAI, SREEVILASOM, EDAKKUNNAM P.O,
            PARATHODE, KANJIRAPPALLY, KOTTAYAM DISTRICT,
            PIN - 686 512.
            BY ADVS.
            T.R.HARIKUMAR
            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 JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES
            (GENERAL),KOTTAYAM, COLLECTORATE P.O,
            KOTTAYAM DISTRICT, PIN - 686 002.
    3       THE PARATHODE SERVICE CO-OPERATIVE BANK LTD. NO.3002,
            REPRESENTED BY ITS SECRETARY, HEAD OFFICE VELICHIYANI,
            KANJIRAPPALLY, KOTTAYAM DISTRICT, PIN - 686 512.
    4       THE ADMINISTRATIVE COMMITTEE OF THE PARATHODE SERVICE
            CO-OPERATIVE BANK LTD. NO.3002, REPRESENTED BY ITS
            CONVENER, HEAD OFFICE VELICHIYANI, KANJIRAPPALLY,
            KOTTAYAM DISTRICT, PIN - 686 512.
            BY ADVS.
            C.M.NAZAR
            Liji J Vadakkedom
            TOM E. JACOB(K/1144/2001)
            REXY ELIZABETH THOMAS(K/635/1995)
            ATHUL V. VADAKKEDOM(K/003544/2022)
            SRI.P.P.THAJUDHEEN, SPL.GP
     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
27.06.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 10643 OF 2023
                                     2

                               JUDGMENT

The petitioner has approached this Court seeking a direction to

the Administrative Committee of the Parathode Service Co-operative

Bank Limited to take the necessary resolution for conduct of elections

to the Managing Committee of that Society within a time frame to be

fixed by this Court.

2. The learned counsel appearing for the petitioner would

submit that the Society has been under the control of an Administrator

from 08.08.2022. It is submitted that thereafter, an Administrative

Committee (4th respondent) has been appointed and that

Administrative Committee is in the management of the Society

presently. It is submitted that the maximum period for which an

Administrator / Administrative Committee can continue in office is six

months, which can be extended for a further period of six months by

the Joint Registrar. It is submitted that even if the extended term of the

Administrative Committee is taken to account, the Administrative

Committee cannot continue beyond 07.08.2023.

3. The learned Government Pleader seeks time to file a

statement. However, considering the nature of the order that I propose WP(C) NO. 10643 OF 2023

to pass, I am of the opinion that writ petition need not be adjourned to

enable the learned Government Pleader to file a counter affidavit.

4. The 3rd respondent has filed a counter affidavit producing

therewith a copy of the order dated 02.02.2023 of the 2 nd respondent

extending the term of the Administrative Committee for a further

period of six months from 03.02.2023. This order shows that the term

of the Administrative Committee is till 03.08.2023.

5. Having regard to the provisions of Rule 35A(1) of the Kerala

Co-operative Societies Rules, 1969 ('the Rules' for short) and

considering the fact that it may not be possible to hold the election

before 03.08.2023, it is directed that the 4 th respondent shall pass the

necessary resolution for holding elections to the Managing Committee

of the 3rd respondent Society within a period of two weeks from today.

The resolution shall be passed in such a manner that the elections are

held at the earliest and in compliance with the timeline specified in the

Rules. The entire process of election shall be completed, at any rate,

within a period of three months after the date on which the resolution

is passed. It is clarified that the term of the Administrative Committee

can be further extended, in accordance with the law, to enable the

Administrative Committee to continue in the management of the WP(C) NO. 10643 OF 2023

society till a new managing committee is elected to office.

The writ petition will stand disposed of as above.

Sd/-

GOPINATH P.

JUDGE DK WP(C) NO. 10643 OF 2023

APPENDIX OF WP(C) 10643/2023

PETITIONER EXHIBITS Exhibit-P1 A TRUE COPY OF THE IDENTITY CARD OF THE PETITIONER ISSUED BY THE SOCIETY DATED 05-10-2019 Exhibit-P2 A TRUE COPY OF THE NEWS ITEM APPEARED IN THE MALAYALA MANORAMA DAILY DATED 09-08-

RESPONDENT EXHIBITS EXHIBIT R3(A) THE COPY OF THE ORDER DATED 2.2.2023 PASSED BY THE 2ND RESPONDENT