Kerala High Court
T.S .Sajeesh vs The State Co-Operative Election ... on 21 September, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SATHISH NINAN
THURSDAY, THE 21ST DAY OF SEPTEMBER 2023 / 30TH BHADRA, 1945
WP(C) NO. 25543 OF 2023
PETITIONERS:
1 T.S.SAJEESH, AGED 47 YEARS, S/O.SASIDHARAN,
THEVARKKATTIL,AAMALA,THRIKKARIYOOR P.O, ERNAKULAM DISTRICT,
PIN-686692 (MEMBER NO: 5084),PINDIMANA SERVICE CO-OPERATIVE
BANK LTD.NO.E- 25,CHELAD P O, KOTHAMANGALAM,ERNAKULAM
DISTRICT, PIN 6860681.
2 S.K.IBRAHIM,AGED 65 YEARS,S/O.KUNJUBHAVA SAITHUKUDIYIL HOUSE,
THRIKKARIYOOR P.O, ERNAKULAM DISTRICT, PIN-686692 (MEMBER NO.
2043) PINDIMANA SERVICE CO-OPERATIVE BANK LTD.NO.E-25,CHELAD
P O, KOTHAMANGALAM,ERNAKULAM DISTRICT-PIN 6860681.
3 P.A.KUNJAPPAN,AGED 85 YEARS,S/O.AYYAPPAN, PAYYANA HOUSE,
PINDIMANA P.O.,ERNAKULAM DISTRICT, PIN-686692 (MEMBERNO.766),
PINDIMANA SERVICE CO-OPERATIVE BANK LTD.NO.E-25,CHELAD P O,
KOTHAMANGALAM,ERNAKULAM DISTRICT PIN - 6860681.
4 M.N.SIVAN, AGED 68 YEARS, S/O.NARAYAN, MARIYELIL HOUSE,
THRIKKARIYOOR P.O, ERNAKULAM DISTRICT, PIN-686692 (MEMBER
NO.1261), PINDIMANA SERVICE CO-OPERATIVE BANK LTD.NO.E-
25,CHELAD P O, KOTHAMANGALAM,ERNAKULAM DISTRICT, PIN -
686692.
BY ADVS.
RESHMA E.
O.MINCY
ANAKHA KRISHNA
RESPONDENTS:
1 THE STATE CO-OPERATIVE ELECTION COMMISSION, OFFICE OF THE
STATE CO-OPERATIVE ELECTION COMMISSION,VIKAS
BHAVN,THIRUVANANTHAPURAM, PIN - 695033
2 THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES
(GENERAL),OFFICE OF THE JOINT REGISTRAR OF CO-OPERATIVE
SOCIETIES (GENERAL),COLLECTORATE, CIVIL STATION, KAKKANADU,
ERNAKULAM DISTRICT, PIN - 682030
WP(C) NO. 25543 OF 2023 -2-
3 THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES
(GENERAL),OFFICE OF THE ASSISTANT REGISTRAR OF CO-OPERATIVE
SOCIETIES, KOTHAMANGLAM, ERNAKULAM DISTRICT, PIN - 686691.
4 THE RETURNING OFFICER, THE PINDIMANA SERVICE CO-OPERATIVE
BANK LTD.NO.E-25,CHELAD P O, KOTHAMANGALAM,ERNAKULAM
DISTRICT, PIN - 686068.
5 PINDIMANA SERVICE CO-OPERATIVE BANK LTD. NO.E-25,CHELAD P O,
KOTHAMANGALAM,ERNAKULAM DISTRICT REPRESENTED BY ITS
SECRETARY, PIN - 686068
6 THE UNIT INSPECTOR, KOTHAMANGALAM UNIT AND THE INQUIRY
OFFICER, OFFICE OF THE ASSISTANT REGISTRAR OF CO-OPERATIVE
SOCIETIES KOTHAMANGLAM,ERNAKULAM DISTRICT, PIN - 686691.
7 THE MANAGING COMMMITTEE, PINDIMANA SERVICE CO-OPERATIVE BANK
LTD. NO.E25, CHELAD P O, KOTHAMANGALAM,ERNAKULAM DISTRICT
REPRESENTED BY ITS PRESIDENT.
BY ADVS.
NISHA GEORGE
ANSHIN K.K
GEORGE POONTHOTTAM (SR.)
SMT.MABLE C. KURIAN, SR. GOVT. PLEADER,
SRI.C.M.NAZAR, SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
21.09.2023, ALONG WITH WP(C).27156/2023, 27388/2023, THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SATHISH NINAN
THURSDAY, THE 21ST DAY OF SEPTEMBER 2023 / 30TH BHADRA, 1945
WP(C) NO. 27156 OF 2023
PETITIONERS:
1 C.K.MADHAVAN, AGED 51 YEARS, S/O.KUNJAN, KOZHIKKARA HOUSE,
CHEMMANAD, MALIPPARA P.O, ERNAKULAM DISTRICT, PIN - 686692.
(MEMBER NO. 1015),PINDIMANA SERVICE COOPERATIVE BANK LTD.
NO.E-25, CHELAD P O, KOTHAMANGALAM,ERNAKULAM DISTRICT, PIN -
686681.
2 NIBI KUTTAPPAN,AGED 42 YEARS,S/O. I.V.KUTTAPPAN,IKKERA HOUSE,
CHELOD P.O, ERNAKULAM DISTRICT, PIN - 686681 (MEMBER NO.
6388) PINDIMANA SERVICE COOPERATIVE BANK LTD.NO.E-25,CHELAD
P O, KOTHAMANGALAM,ERNAKULAM DISTRICT, PIN - 686681.
3 AMAL K SAJU, AGED 28 YEARS,S/O.SAJU K A,KOZHIKKARA HOUSE,
PINDIMANA P O., ERNAKULAM DISTRICT, PIN - 686692. (MEMBER NO.
6754),PINDIMANA SERVICE COOPERATIVE BANK LTD.NO.E-25,CHELAD
P O, KOTHAMANGALAM,ERNAKULAM DISTRICT, PIN - 686681.
4 ANEESH THANKAPPAN, AGED 39 YEARS,S/O.P V THANKAPPAN,POKKAT
HOUSE MALIPPARA P O., ERNAKULAM DISTRICT, PIN - 686692.
(MEMBER NO. 4143) PINDIMANA SERVICE COOPERATIVE BANK
LTD.NO.E-25,CHELAD P O, KOTHAMANGALAM,ERNAKULAM DISTRICT, PIN
- 686681.
5 LEENA DIVAKARAN,AGED 56 YEARS,S/O.P B DIVAKARAN,
PLAMKOOTTATHIL HOUSE, THRIKKARIYOOR P O. ERNAKULAM DISTRICT,
PIN - 686692. (MEMBER NO. 4567),PINDIMANA SERVICE COOPERATIVE
BANK LTD.NO.E-25,CHELAD P O, KOTHAMANGALAM,ERNAKULAM
DISTRICT, PIN - 686681.
6 LENIN SAHADEVAN,AGED 37 YEARS,S/O. SAHADEVAN,INJAPPILLIL
HOUSE, PINDIMANA P O. ERNAKULAM DISTRICT, PIN - 6860681.
(MEMBER NO. 4281) PINDIMANA SERVICE COOPERATIVE BANK
LTD.NO.E-25,CHELAD P O, KOTHAMANGALAM,ERNAKULAM DISTRICT,
PIN - 686681
BY ADVS.
RESHMA E.
O.MINCY
ANAKHA KRISHNA
WP(C) NO. 27156 OF 2023 -2-
RESPONDENTS:
1 THE STATE COOPERATIVE ELECTION COMMISSION, REPRESENTED BY ITS
SECRETARY, THIRUVANANTHAPURAM, PIN - 695033
2 THE ELECTORAL OFFICER/ASSISTANT REGISTRAR OF COOPERATIVE
SOCIETIES,OFFICE OF THE ASSISTANT REGISTRAR OF COOPERATIVE
SOCIETIES (GENERAL),KOTHAMANGLAM, ERNAKULAM DISTRICT, PIN -
686691.
3 THE JOINT REGISTRAR OF COOPERATIVE SOCIETIES (GENERAL),OFFICE
OF THE JOINT REGISTRAR OF COOPERATIVE SOCIETIES
GENERAL,COLLECTORATE, CIVIL STATION, KAKKANADU, ERNAKULAM
DISTRICT, PIN - 682030.
4 RETURNING OFFICER/UNIT INSPECTOR, OFFICE OF THE ASSISTANT
REGISTRAR OF COOPERATIVE SOCIETIES (GENERAL),KOTHAMANGLAM,
ERNAKULAM DISTRICT, PIN - 686691.
5 PINDIMANA SERVICE COOPERATIVE BANK LTD.NO.E-25, CHELAD P O,
KOTHAMANGALAM,ERNAKULAM DISTRICT REPRESENTED BY ITS
SECRETARY.
6 THE MANAGING COMMMITTEE, PINDIMANA SERVICE COOPERATIVE BANK
LTD.NO.E-25,CHELAD P O, KOTHAMANGALAM,ERNAKULAM DISTRICT
REPRESENTED BY ITS PRESIDENT.
BY ADVS.
NISHA GEORGE
GEORGE POONTHOTTAM (SR.)
KAVYA VARMA M. M.
SRI.C.M.NAZAR, SC
SMT.RESMI THOMAS, GOVT. PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
21.09.2023, ALONG WITH WP(C).25543/2023 AND CONNECTED CASES, THE COURT ON
THE SAME DAY DELIVERED THE FOLLOWING:
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SATHISH NINAN
THURSDAY, THE 21ST DAY OF SEPTEMBER 2023 / 30TH BHADRA, 1945
WP(C) NO. 27388 OF 2023
PETITIONERS:
1 THE MANAGING COMMITTEE, PINDIMANA SERVICE CO-OPERATIVE BANK
LIMITED NO. E 25, CHELAD POST, ERNAKULAM DISTRICT-686692,
REPRESENTED BY THE PRESIDENT.
2 THE SECRETARY, PINDIMANA SERVICE CO-OPERATIVE BANK LIMITED
NO. E 25, CHELAD POST, ERNAKULAM DISTRICT, PIN - 686692.
BY ADVS.
NISHA GEORGE
GEORGE POONTHOTTAM (SR.)
KAVYA VARMA M. M.
RESPONDENTS:
1 THE STATE CO-OPERATIVE ELECTION COMMISSION, 3RD FLOOR, CO
BANK TOWERS, VIKAS BHAVAN P.O., THIRUVANANTHAPURAM, PIN
CODE:-695033, REPRESENTED BY ITS COMMISSIONER.
2 THE ASSISTANT REGISTRAR (GENERAL) OF CO-OPERATIVE SOCIETIES,
KOTHAMANGALAM, ERNAKULAM DISTRICT, ELECTORAL OFFICER,
PINDIMANA SERVICE CO-OPERATIVE BANK LIMITED NO. E 25, CHELAD
POST, ERNAKULAM DISTRICT, PIN - 686692.
3 THE RETURNING OFFICER, PINDIMANA SERVICE CO-OPERATIVE BANK
LIMITED NO. E 25, CHELAD POST, ERNAKULAM DISTRICT, PIN -
686692.
4 RANJITH P. RAJ, UNIT INSPECTOR, KOTTAPPADI UNIT, RETURNING
OFFICER, PINDIMANA SERVICE CO-OPERATIVE BANK LIMITED NO. E
25, CHELAD POST, ERNAKULAM DISTRICT, PIN - 686692.
SRI.C.M.NAZAR, SC
SMT.RESMI THOMAS, GOVT. PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
21.09.2023, ALONG WITH WP(C).25543/2023 AND CONNECTED CASES, THE COURT ON
THE SAME DAY DELIVERED THE FOLLOWING:
SATHISH NINAN, J.
= = = = = = = = = = = = = = = = = =
W.P.(C) Nos.25543, 27156 & 27388 of 2023
= = = = = = = = = = = = = = = = = =
Dated this the 21st day of September, 2023
J U D G M E N T
The subject matter involved in these writ petitions
is the election to the Managing Committee of the
Pindimana Service Co-operative Bank Ltd.
2. The term of the Committee is to expire on
27.10.2023. The Election Commission notified election to
be held on 03.09.2023. Such notification was
subsequently cancelled from the stage of publication of
the final voters list.
3. W.P.(c) No.25543 of 2023 is filed by few members
challenging the election notification and seeking
postponement of the election, alleging irregularities in
the Form-6B register. W.P.(c) No.27156/2023 is filed by
few members to postpone the election and for permission
to remit the enhanced share value, to enable them to
take part in the election. The Managing Committee
WP(C) Nos.25543, 27156 &
27388 of 2023
presently in office has filed W.P.(c) No.27388/2023
challenging cancellation of election originally
notified.
4. I have heard the learned counsel on either side.
5. On 03.07.2023, the Managing Committee resolved
to conduct election to the Committee on 03.09.2023. The
same was forwarded by the Joint Registrar to the
Election Commission. The Election Commission issued
notification dated 26.07.2023, notifying the election to
be held on 03.09.2023. The process of election was to
commence on 31.07.2023 which was the date fixed for
publication of the draft voters list.
6. In W.P.(c) Nos.25543 of 2023 and 27156 of 2023
the allegation is that the Form-6B Register is
incomplete and that there are various irregularities
therein. They relied on a communication by the Secretary
of the Society to the Assistant Registrar who is the
returning officer, which is marked as Ext.P6 in
WP(C) Nos.25543, 27156 &
27388 of 2023
W.P(c).25543 of 2023. The content of the letter is that
the Form-6B Register is incomplete. They also referred
to Ext.P7(a) in the same writ petition, which is a
communication by the Electoral Officer-Assistant
Registrar to the Election Commission, wherein also the
same irregularity is pointed out.
7. As per the election notification, the time fixed
for submitting objections to the draft voters list was
from 31.07.2023 to 07.08.2023. The date fixed for
consideration of the objections was 08.08.2023, and the
date for publication of the voters list was 10.08.2023.
It appears that Sri.Sajeesh T.S.(the 1 st petitioner in
W.P(c). 25543/2023) and others submitted objections to
the draft voters list alleging that hundreds of
ineligible members have been included in the list by
giving false address. Ext.P5 produced in W.P.(c)
No.27388/2023 is a copy of such complaint. Referring to
such complaint, the electoral officer-Assistant
WP(C) Nos.25543, 27156 &
27388 of 2023
Registrar called for explanations from the Secretary of
the Society. The explanations were required to be
submitted by 5.00 p.m. on 09.08.2023, the date for
publication of final list being on 10.08.2023.
8. On 09.08.2023, the Election Commission,
referring to the communication of the Electoral
Officer/Assistant Registrar dated 08.08.2023 rescheduled
the date fixed for publication of the final voters list
from 10.08.2023 to 14.08.2023. The reason stated therein
is that, the electoral officer sought more time for
considering the objections to the draft voters list.
9. Thereafter on 16.08.2023, the Election
Commission issued a notification cancelling the
extension made on 09.08.2023 and the stages of election
to follow therefrom, as contained in the election
notification dated 26.07.2023. This is stated to enable
consideration of the objections to the voters list and
for publication of the final voters list.
WP(C) Nos.25543, 27156 &
27388 of 2023
10. The objections filed to the voters list is
produced as Ext.P5 in W.P.(C) No.27388/2023. The
objections stated therein reads thus :-
"_lp. Akn. c-Pn-kv-{SmÀ ap-¼msI, Xm-sg t]-sc-gp-Xn
H-¸n-«n-cn-¡p-ó-hÀ t_m-[n-¸n-¡p-ó ]-cm-Xn. ]n-ï-na-\ kÀ-
Æo-kv k-lI-c-W _m-¦nð Cu h-cpó sk-]v-äw-_À
amkw 3þmw Xob-Xn C-e-£³ \-S-¯p-hm³ C-e-£³
I-½o-j³ A-\p-hm-Zw sIm-Sp-¯-Xm-bn A-dn-bpóp.
thm-«À ]-«n-I-bnð _m-¦nsâ ss_tem A-\p-k-cn-¨v ]pd-
sa \n-óv \q-dp-I-W-¡n-\v thm-«À-am-sc hym-P A-{U- Ênepw
Ø-ew hn-äp hÀ-j-§-fm-bn Xma-kw am-dn-b-hcpw hn-hm-lw
I-gn-¨-b-¨-hcpw hn-tZi-¯v tPm-en-¡v t]m-b-hcpw Iq-Sm-sX
C-c-« Aw-K-Xz-ap-Å-hcpw {]-kn-²o-I-cn¨ thm-t«-gv-kv en-kv-
änð I-S-óp-Iq-Sn-bn-«pï-v. b-YmÀ° thm-«-h-Im-i-anñm-
¯ \n-ch-[n B-fpI-sf thm-«À ]-«n-I-bnð Im-Wm³ I-gn-
bpw. C-Xv kw-_-Ôn-¨v ]-e ]-cm-Xn-Ifpw _lp. sP. BÀ.
F. BÀ F-ón-hÀ-¡-b-¨n-«pïv. AÀ-l-X-bnñm-¯ ap-gp-
h³ B-fp-I-sfbpw thm-«À-]-«n-I-bnð \nópw H-gn-hm-¡n
Ip-ä-aä thm-«À-]«n-I {]-kn-²o-I-cn-¨n-t« C-e-£³ \-S-¯m-
hq F-óv _lp. A-[n-Im-cn-I-tfm-Sv A-`yÀ-°n-¡póp."
WP(C) Nos.25543, 27156 &
27388 of 2023
The same is accompanied by a list of voters. Noticeably,
the allegations are not specific. It does not refer to
any particular person or persons. The allegations are
broadly and widely couched. But for alleging that the
voters list suffers from inclusion of persons with dual
membership, false address etc., no details or
specifications are provided. In Vijayakumar v. Joint Registrar
1996 (1) KLT 285, a Division Bench of this Court held that
the objections to the draft voters list are to be
specific, definite and pinpointed against a member. The
Division Bench held thus:-
".....But, he can do so only if the objections are specific and
definite against each individual member which can be
subjected to verification with reliable materials that may be
made available to him by the objections and the authorities of
the Society. He is not expected to make a roving enquiry.
17. It is he who is to be satisfied about the correctness
or otherwise of the objections. He cannot simply forward the
objections to the authorities of the society for their
verification. If, however, the objections are general or vague
WP(C) Nos.25543, 27156 &
27388 of 2023
in nature or appear to be prima facie baseless, the Returning
Officer is not bound to make any enquiry. ....."
Noticeably what Ext.P5 calls for is a roving enquiry,
which as held by the Division Bench, is not expected or
permissible.
12. The other contention against the draft voters
list is the irregularity in the Form-6B register. The
objections with regard to the same is evident from
Ext.P6 in W.P.(c) No.25543/2023 which is the
communication from the Secretary of the Bank to the
Assistant Registrar/Returning Officer. The contents
thereof reads thus:-
"
To
Assistant Registrar,
Kothamangalam.
Sir,
_m¦n-se 14/07/2023 h-sc-bp-Å Im-e-b-f-hnð
sa-¼À-jn-¸v sIm-Sp-¯-Xn-sâ 6B ]cn-tim-[n-¨-t¸mÄ hn-hn-
WP(C) Nos.25543, 27156 &
27388 of 2023
[-Im-c-W-§-fmð (t^m-t«m, H-¸v) 2017 h-sc-bp-Å 141þm-fw
sa-¼À-jn-¸p-I-fnð 6B complete Añ."
Going by that communication, through the verification of
the register up to the period 14.07.2023, it was noticed
that the details with regard to 141 members enrolled up
to the year 2017, is not complete. Election to the
Managing Committee was earlier held on 28.10.2018. There
is no material to find that any objection was raised to
the said election with reference to the incompleteness
of the Form-6B register. Even if there was any
incompleteness, there is nothing to indicate that any
objection was raised thereafter or that the same was
sought to be rectified or corrected. It is only when
fresh elections were notified to be held on 03.09.2023
that the issue is sought to be raked up.
13. As noticed first above, the term of the
Committee is to expire on 27.10.2023. Once the election
WP(C) Nos.25543, 27156 &
27388 of 2023
process had commenced, unless there are compelling
reasons, it is not liable to be interfered with. Both
the grounds urged to interdict the process of election
are not justifiable or sustainable.
14. Now I proceed to consider the prayer for
permission to pay the enhanced share value to enable
such persons to participate in the election. Admittedly,
the by-law was amended in the year 2019 enhancing the
share value from ` 10/- to ` 50/-. Such amendment is not
under challenge. The prayer is made when the election
process has already commenced. Except for the allegation
that there was no sufficient publication of the
amendment as required under the Statute, there is no
case that they were unaware of the enhancement of the
share value. So also, no such grievance is seen voiced
in any of the documents produced. In terms of Rule 28 of
the Co-operative Societies Rules, a member who has not
paid the share value shall not have voting right. The
WP(C) Nos.25543, 27156 &
27388 of 2023
non-inclusion in the voters list, of members who had not
paid the enhanced share value is in accordance with law
and cannot be faulted. Of course, as held by a division
bench of this Court in Keecheri Service Co-operative Bank Ltd. &
another v. Ramesh. M. 2020 (1) KHC 167, the non payment of the
enhanced share value will not affect the membership
unless it was cancelled. But, he cannot be a voter. In
terms of Rule 35A(4), to be a voter he must be a
qualified member 60 days prior to the date fixed for
polling. There is no justification in the petitioners
having moved when elections are notified to seek for
postponement of the election and seek permission for
payment of the deficit share value and notify the
election to be held on a date 60 days thereafter. The
prayer is only to be declined.
15. On the findings as above, the election
proceedings is to continue. Since the proceedings were
interfered with at the stage of publication of the final
WP(C) Nos.25543, 27156 &
27388 of 2023
voters list, the election proceedings are to be
continued from that stage; that being the stage at which
it was stopped. (See Madhavan Namboothiri v. Kamaran 1992 (2)
KLT 567 (DB). The proceedings for election was
postponed/cancelled from the stage of Serial No.6 in
Ext.P2. The proceedings are to be commenced/continued
from that stage itself. The Managing Committee is to
adopt resolution fixing a date for election.
16. Resultantly, :-
(i) Ext.P6 order of the State Co-operative
Election Commission interfering with the
election notification dated 26.07.2023 is
quashed.
(ii) The Managing Committee of the Society
shall adopt a resolution fixing the date
for election and have the same forwarded to
the Election Commission through the Joint
Registrar.
WP(C) Nos.25543, 27156 &
27388 of 2023
(iii) The Election Commission shall cause
proceedings for election to be continued
from the stage at which it was stopped by
interfering with the election notification
dated 26.07.2023. It is clarified that
further proceedings are to commence from
publishing the final voters list as
mentioned in Sl. No.6 in the election
notification dated 26.07.2023.
(iv) W.P.(c)Nos.25543/2023 and 27156/2023 are
dismissed, and W.P.(c)No.27388/2023 is
allowed as above.
Sd/-
SATHISH NINAN
JUDGE
kns/-
//True Copy//
P.S. to Judge
APPENDIX OF WP(C) 27156/2023
PETITIONER EXHIBITS
EXHIBIT P1 THE TRUE COPY OF IDENTITY CARD ISSUED TO THE
1ST PETITIONER
EXHIBIT P1(A) THE TRUE COPY OF THE IDENTITY CARD OF THE 2ND
PETITIONER
EXHIBIT PI(B) THE TRUE COPY OF THE IDENTITY CARD OF THE 3RD
PETITIONER
EXHIBIT P1 (C) THE TRUE COPY OF THE IDENTITY CARD OF THE 4TH
PETITIONER
EXHIBIT P1(D) THE TRUE COPY OF THE IDENTITY CARD OF THE 5TH
PETITIONER
EXHIBIT P1(E) THE TRUE COPY OF THE IDENTITY CARD OF THE 6TH
PETITIONER
EXHIBIT P2 THE TRUE COPY OF THE ORDER NO.0/33/19 DATED
04.05.2019, THE AMENDED BYE LAW AND THE
CERTIFICATE OF REGISTRATION OF AMENDED BYE
LAW OBTAINED THROUGH RIGHT TO INFORMATION ACT
EXHIBIT P3 THE TRUE COPY OF THE ELECTION NOTIFICATION
DATED 26.07.2023 PUBLISHED BY THE 1ST
RESPONDENT
EXHIBIT P4 THE TRUE COPY OF THE COMPLAINT DATED
07.08.2023 SUBMITTED BY PETITIONERS 1 TO 3
ALONG WITH 2 OTHER MEMBERS OF THE 5TH
RESPONDENT BANK TO THE BANK SECRETARY
EXHIBIT P4 (A) THE TRUE COPY OF THE COVERING LETTER DATED
08.08.2023 SUBMITTED BY THE PETITIONER 1 TO 3
TO THE 2ND RESPONDENT
EXHIBIT P5 THE TRUE COPY OF THE COMPLAINT DATED
07.08.2023 SUBMITTED BY THE 3 TO 6
PETITIONERS HEREIN TO THE 2ND RESPONDENT
EXHIBIT P6 THE TRUE COPY OF THE COMPLAINT DATED
07.08.2023 SUBMITTED BY THE 3 TO 6
PETITIONERS HEREIN TO THE 3RD RESPONDENT
EXHIBIT P7 THE TRUE COPY OF THE LETTER DATED 02.08.2023
SENT BY THE 5TH RESPONDENT SECRETARY TO THE
3RD RESPONDENT ASSISTANT REGISTRAR ALONG WITH
THE LIST OF 58 MEMBERS TO BE REMOVED FROM THE
PRELIMINARY VOTERS LIST AND THE LIST OF 40
MEMBERS TO BE INCLUDED IN THE PRELIMINARY
VOTERS LIST RECEIVED UNDER RTI ACT 2005
EXHIBIT P8 THE TRUE COPY OF THE LETTER DATED 08.08.2023
SENT BY THE 2ND RESPONDENT ASSISTANT
REGISTRAR TO THE 1ST RESPONDENT ELECTION
COMMISSION
EXHIBIT P9 THE TRUE COPY OF THE AMENDED ELECTION
NOTIFICATION DATED 09.08.2023 PUBLISHED BY
THE 1ST RESPONDENT ELECTION COMMISSION
EXHIBIT P9 (A) THE TRUE COPY OF THE LETTER DATED 09.08.2023
SUBMITTED BY THE 6TH RESPONDENT TO THE 2ND
RESPONDENT
EXHIBIT P10 THE TRUE COPY OF THE RELEVANT PAGES OF SHARE
STATEMENT DURING THE PERIOD FROM 01.04.2022
TO 03.07.2023 TO SHOW CERTAIN MEMBER'S SHARE
HAS BEEN ENHANCED EVEN AFTER THE TIME PERIOD
STIPULATED IN THE EXT.P1 AMENDED BYLAW
EXHIBIT P11 THE TRUE COPY OF THE NOTIFICATION NO.E (2)
4558/2023/SCEC, THIRUVANATHAUPARAM DATED
16.08.2023
RESPONDENT EXHIBITS
EXHIBIT-R6(A) TRUE COPY OF THE JUDGMENT DATED 23.07.2020 IN
W.P.(C) NO. 7277 OF 2020 PASSED BY THIS
HON'BLE COURT.
EXHIBIT-R6(B) TRUE COPY OF THE INTERIM ORDER IN W.P.(C)
7906 OF 2023 DATED 07.03.2023 PASSED BY THIS
HON'BLE COURT
EXHIBIT-R6(C) TRUE COPY OF THE INTERIM ORDER IN W.P.(C)
25695 OF 2021 DATED 18.11.2021 PASSED BY THIS
HON'BLE COURT.
EXHIBIT-R6(D) TRUE COPY OF THE ANNUAL GENERAL BODY NOTICE
PUBLISHED IN A VERNACULAR DAILY NAMELY KERALA
KAUMUDI ON 01.12.2018 POINTING OUT THE AGENDA
TO AMEND THE BYE LAW OF THE SOCIETY
EXHIBIT-R6(E) TRUE COPY OF THE ANNUAL GENERAL BODY NOTICE
PUBLISHED IN A VERNACULAR DAILY NAMELY
VEEKSHANAM ON 01.12.2018 POINTING OUT THE
AGENDA TO AMEND THE BYE LAW OF THE SOCIETY
EXHIBIT-R6(F) TRUE COPY OF THE MINUTES OF THE MANAGING
COMMITTEE CONVENED ON 21.12.2018.
EXHIBIT-R6(G) TRUE COPY OF THE REGISTRATION CERTIFICATE
DATED 04.05.2019 ALONG WITH THE AMENDED BYE
LAW ISSUED BY THE 2ND RESPONDENT.
EXHIBIT-R6(H) TRUE COPY OF THE AMENDED BYE-LAW PUBLISHED IN
VEEKSHANAM DAILY ON 07.08.2019
EXHIBIT-R6(I) TRUE COPY OF THE AMENDED BYE LAW PUBLISHED IN
KERALA KAUMUDI DAILY ON 13.08.2019
EXHIBIT-R6(J) TRUE COPY OF THE ANNUAL GENERAL BODY MEETING
NOTICE OF 2020-2021 FINANCIAL YEAR
EXHIBIT-R6(K) TRUE COPY OF THE ANNUAL GENERAL BODY MEETING
NOTICE OF 2021-2022 FINANCIAL YEAR
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APPENDIX OF WP(C) 27388/2023
PETITIONER EXHIBITS
EXHIBIT -P1 TRUE COPY OF THE JUDGMENT DATED 23.07.2020 IN
W.P.(C) 7277 OF 2020 PASSED BY THIS HON'BLE
COURT
EXHIBIT-P2 TRUE COPY OF THE ELECTION NOTIFICATION
BEARING NO.01/1298/ 2023/E(2) S.C.E.C DATED
26.07.2023 ISSUED BY THE 1ST RESPONDENT
ELECTION COMMISSION
EXHIBIT -P3 TRUE COPY OF THE COMMUNICATION NO.ARGKGM/
243/2023-U1(2) DATED 08.08.2023 ISSUED BY THE
ASSISTANT REGISTRAR OF CO-OPERATIVE
SOCIETIES, KOTHAMANGALAM, WITH ENCLOSURES,
EXHIBIT-P4 TRUE COPY OF THE NOTIFICATION BEARING NO.
E(2)4558/ 2023/S.C.E.C DATED 09.08.2023
ISSUED BY THE 1ST RESPONDENT ELECTION
COMMISSION
EXHIBIT-P5 TRUE COPY OF THE COMPLAINT DATED NIL
SUBMITTED BY THE MEMBERS OF THE SOCIETY ALONG
WITH RELEVANT PAGES OF THE LIST OF VOTERS
EXHIBIT-P6 TRUE COPY OF THE ORDER BEARING NO.
E(2)4558/2023/S.C.E.C DATED 16.08.2023 ISSUED
BY THE 1ST RESPONDENT ELECTION COMMISSION.
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APPENDIX OF WP(C) 25543/2023
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF IDENTITY CARD ISSUED TO THE 1ST
PETITIONER
EXHIBIT P2 TRUE COPY OF IDENTITY CARD ISSUED TO THE 2ND
PETITIONER
EXHIBIT P3 TRUE COPY OF IDENTITY CARD ISSUED TO THE 3RD
PETITIONER
EXHIBIT P4 TRUE COPY OF IDENTITY CARD ISSUED TO THE 4TH
PETITIONER
EXHIBIT P5 TRUE COPY OF THE RESOLUTION PASSED BY THE
MANAGING COMMITTEE DATED 03.07.2023 RECEIVED
BY THE 2ND PETITIONER UNDER RTI ACT 2005
EXHIBIT P6 TRUE COPY OF THE UNDATED LETTER SENT BY THE
5TH RESPONDENT SECRETARY TO THE 3RD
RESPONDENT ASSISTANT REGISTRAR RECEIVED BY
THE 2ND PETITIONER UNDER RTI ACT 2005,
EXHIBIT P7 TRUE COPY OF THE RTI REPLY DATED 19.07.2023
RECEIVED BY THE 2ND PETITIONER UNDER RTI ACT
2005 FROM THE OFFICE OF THE 3RD RESPONDENT
ASSISTANT REGISTRAR
EXHIBIT P7(A) TRUE COPY OF THE LETTER DATED 24.07.2023 BY
THE 3RD RESPONDENT ASSISTANT REGISTRAR TO THE
1ST RESPONDENT ELECTION COMMISSION RECEIVED
BY THE PETITIONER UNDER RTI ACT
EXHIBIT P7(B) TRUE COPY OF THE CIRCULAR NO.4/2013 DATED
27.06.2013 ISSUED BY THE 1ST RESPONDENT
ELECTION COMMISSION
EXHIBIT P8 TRUE COPY OF THE ELECTION NOTIFICATION DATED
26.07.2023 PUBLISHED BY THE 1ST RESPONDENT
EXHIBIT P9 TRUE COPY OF THE INQUIRY REPORT DATED
02.02.2022 SUBMITTED BY THE 5TH RESPONDENT
EXHIBIT 10 TRUE COPY OF THE INQUIRY REPORT DATED
19.09.2022 RECEIVED UNDER RTI ACT, SUBMITTED
BY THE 5TH RESPONDENT
EXHIBIT P11 TRUE COPY OF INTERIM ORDER DATED 03.08.2022
IN WP (C) 24802 OF 2022
EXHIBIT P12 TRUE COPY OF THE REPRESENTATION DATED
22.07.2023 SUBMITTED BY THE 1ST PETITIONER TO
2ND RESPONDENT JOINT REGISTRAR
EXHIBIT P13 TRUE COPY OF THE REQUEST LETTER DATED
22.07.2023 SUBMITTED BY THE 2ND PETITIONER
EXHIBIT P14 TRUE COPY OF THE LETTER DATED 10.07.2023 BY
THE 2ND PETITIONER TO THE 1ST RESPONDENT
ELECTION COMMISSION
EXHIBIT P15 TRUE COPY OF THE REQUEST LETTER DATED
27.07.2023 SUBMITTED BY THE 2ND PETITIONER TO
THE 1ST RESPONDENT
EXHIBIT P16 TRUE COPY OF THE NOTIFICATION NO.E (2)
4558/2023/SCEC, THIRUVANATHAUPARAM DATED
16.08.2023
RESPONDENT EXHIBITS
EXHIBIT-R7(A) TRUE COPY OF THE JUDGMENT DATED 23.07.2020 IN
W.P.(C) NO. 7277 OF 2020 PASSED BY THIS
HON'BLE COURT.
EXHIBIT-R7(B) TRUE COPY OF THE INTERIM ORDER IN W.P.(C)
7906 OF 2023 DATED 07.03.2023 PASSED BY THIS
HON'BLE COURT
EXHIBIT-R7(C) TRUE COPY OF THE INTERIM ORDER IN W.P.(C)
25695 OF 2021 DATED 18.11.2021 PASSED BY THIS
HON'BLE COURT
EXHIBIT-R7(D) TRUE COPY OF THE ANNUAL GENERAL BODY NOTICE
PUBLISHED IN A VERNACULAR DAILY NAMELY KERALA
KAUMUDI ON 01.12.2018 POINTING OUT THE AGENDA
TO AMEND THE BYE LAW OF THE SOCIETY.
EXHIBIT-R7(E) TRUE COPY OF THE ANNUAL GENERAL BODY NOTICE
PUBLISHED IN A VERNACULAR DAILY NAMELY
VEEKSHANAM ON 01.12.2018 POINTING OUT THE
AGENDA TO AMEND THE BYE LAW OF THE SOCIETY
EXHIBIT-R7(K) TRUE COPY OF THE ANNUAL GENERAL BODY MEETING
NOTICE OF 2021-2022 FINANCIAL YEAR
EXHIBIT-R7(J) TRUE COPY OF THE ANNUAL GENERAL BODY MEETING
NOTICE OF 2020-2021 FINANCIAL YEAR
EXHIBIT-R7(G) TRUE COPY OF THE REGISTRATION CERTIFICATE
DATED 04.05.2019 ALONG WITH THE AMENDED BYE
LAW ISSUED BY THE 2ND RESPONDENT
EXHIBIT-R7(F) TRUE COPY OF THE MINUTES OF THE MANAGING
COMMITTEE CONVENED ON 21.12.2018
EXHIBIT-R7(I) TRUE COPY OF THE AMENDED BYE LAW PUBLISHED IN
KERALA KAUMUDI DAILY ON 13.08.2019
EXHIBIT-R7(H) TRUE COPY OF THE AMENDED BYE-LAW PUBLISHED IN
VEEKSHANAM DAILY ON 07.08.2019
PETITIONER EXHIBITS
EXHIBIT P11 THE TRUE COPY OF THE LETTER DATED 02.03.2023
SENT BY THE 5TH RESPONDENT SECRETARY TO THE
3RD RESPONDENT
EXHIBIT P12 THE TRUE COPY THE RELEVANT PAGES OF SHARE
STATEMENT DURING THE PERIOD 01.04.2023 TO
03.07.2023
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