Kerala High Court
K.T.Johnson vs The State Co-Operative Election ... on 20 February, 2024
Author: Amit Rawal
Bench: Amit Rawal
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE AMIT RAWAL
&
THE HONOURABLE MRS. JUSTICE C.S. SUDHA
TUESDAY, THE 20TH DAY OF FEBRUARY 2024 / 1ST PHALGUNA, 1945
WA NO. 295 OF 2022
AGAINST THE JUDGMENT IN WP(C) 23331/2021 OF HIGH COURT OF KERALA
APPELLANTS/PETITIONERS:
1 K.T.JOHNSON
AGED 64 YEARS
MEMBERSHIP NO.4329 (OLD NO.46213), CHALAKKUDY TALUK
PRIMARY CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT
BANK LTD.NO.R 1452, HEAD OFFICE, CHALAKKUDY, THRISSUR
DISTRICT, RESIDING AT KANDAMKULATHY HOUSE,
KANJIRAPPILLY, CHALAKKUDY, THRISSUR DISTRICT.
2 RANJITH KUMAR
MEMBERSHIP NO.1025(A) (OD NO.21185), CHALAKKUDY TALUK
PRIMARY CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT
BANK LTD.NO.R 1452, HEAD OFFICE, CHALAKKUDY, THRISSUR
DISTRICT, RESIDING AT KARIPPILLY HOUSE, MATTATHURKUNNU
P.O., KODAKARA, THRISSUR DISTRICT.
BY ADVS.
GEORGE POONTHOTTAM (SR.)
ARUN CHANDRAN
NISHA GEORGE
RESPONDENTS/RESPONDENTS:
1 THE STATE CO-OPERATIVE ELECTION COMMISSION
3RD FLOOR, CO-BANK TOWERS, VIKAS VHAVAN P.O.
THIRUVANANTHAPURAM-695 033, REPRESENTED BY ITS
SECRETARY.
2 THE ELECTORAL OFFICER
(THE ASSISTANT REGISTRAR (SC/ST) OF CO-OPERATIVE
SOCIETIES), CHALAKKUDY TALUK PRIMARY CO-OPERATIVE
AGRICULTURAL AND RURAL DEVELOPMENT BANK LTD. NO.R 1452,
HEAD OFFICE, CHALAKKUDY, THRISUSR DISTRICT-680 307.
3 THE RETURNING OFFICER
(KORATTY UNIT INSPECTOR), CHALAKKUDY TALUK PRIMARY CO-
OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK LTD.
NO.R 1452, HEAD OFFICE, CHALAKKUDY, THRISUSR DISTRICT-
680 307.
WA NO. 295 OF 2022
2
4 CHALAKKUDY TALUK PRIMARY CO-OPERATIVE AGRICULTURAL
AND RURAL DEVELOPMENT BANK LTD. NO.R 1452,
HEAD OFFICE, CHALAKKUDY, THRISUSR DISTRICT-680
307, REPRESENTED BY ITS SECRETARY.
5 LEKHA JOY.
D/O.JOY ANTONY, MEMBERSHIP NO.11520 (OLD NO.A
60243), BRAHMAKULATHU KUNNIKKURU, KORATTY, KINFRA
P.O., THRISSUR DISTRICT-680 380.
THIS WRIT APPEAL HAVING COME UP FOR HEARING ON
20.02.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WA NO. 295 OF 2022
3
JUDGMENT
Amit Rawal, J.
1. Appellants-petitioners being the member of the
Chalakkudy Taluk Primary Co-operative Agricultural and
Rural Development Bank Ltd assailed the election held on
14.11.2021 in view of the notification 8.10.2021, Ext.P2
have not been found to be successful before the Single
Bench on the ground of non availment of remedy under
Section 69.
2. The facts leading to the filing of the writ petition
was that the Chalakkudy Taluk Primary Co-operative
Agricultural and Rural Development Bank (Chalakkudy
PCARDB) was formed by bifurcating Irinjalakkuda Primary
Co-operative Agricultural and Rural Development Bank
(Irinjalakkuda PCARDB) by amending section 28 of the
Kerala Co-operative Societies Act in 2013. On 4.5.2015
draft scheme of bifurcation was approved. By the process
of bifurcation, members of erstwhile Irinjalakkuda Bank
alone could become members of the newly formed
WA NO. 295 OF 2022
Chalakkudy PCARDB as provided under Section 28(1E)(ii) of
the Act. The bifurcation was assailed in this court through
WP(C) No.15917 of 2015. This Court directed the Registrar
to place a draft scheme and pass appropriate orders. On
26.12.2015 Registrar passed the order approving the draft
scheme. Appeal was filed against the judgment of the
Single Bench which was affirmed and approved the scheme
of bifurcation. Election was scheduled to be held on
14.2.2016 but it was under challenge in WP(C) No.2501 of
2016.
3. As per the order of this Court dated 21.1.2016 the
authorities were directed to proceed with the election fixing
14.2.2016 as the date of poll with a rider that the result of
the election shall be declared only after obtaining orders
from this Court. Matter was taken up in writ appeal and
directions were issued to dispose of the writ petition.
Matter reached the Supreme Court and the directions was
issued by the Supreme Court to file a review petition; RP
No.867 of 2018 was filed. As against the order in RP an
SLP was filed. Supreme Court passed an order of status
WA NO. 295 OF 2022
quo and disposed of SLP with a direction to conduct
election as per law and permitted to raise objection before
finalizing the voters list. Election schedule was prepared
vide Ext.P1. Earlier the voters list of the Society contained
only 5923 members as per the provisions of Section 28(1E)
(ii) of the Act. However the interim committee appointed
during the bifurcation process inducted new members
containing 12971 members.
4. The grievance of the appellant, petitioner was that
the election could have been held for 5923 members as per
the plain and simple reading of the Section 28(1E)(ii) of the
Act and not for other voters and in support of the
contentions relied upon the judgment of the Supreme Court
in Joint Registrar of Co-operative Societies v. T.A Kuttappan
(2000 KHC 389).
5. On the other hand learned counsel for the
respondent Bank and Government Pleader supported the
findings of the learned Single Bench. The judgment in Joint
Registrar of Co-operative Society (supra) did not notice the
provisions of Rule 41 which empowered the internal
WA NO. 295 OF 2022
committee to exercise all the powers which are given to the
Committee in the process of bifurcation. The Appellants
have already lost the right of election petition that the
limitation is one month from the date of the objection which
cannot be enlarged in view of the law laid down by the
Supreme Court in Reji Thomas and Others v. State of Kerala
and Others (2018) 16 SCC 778.
6. We have heard the learned counsel for the parties
and appraised the paper book. Section 28(1E)(ii) of the
KCS Act reads as under:
28.Appointment of committee.-(1)The general body of a
society shall [constitute a committee, for a period [of] [five
years] in accordance with the bye-laws and entrust the
management of the affairs of the society to such committee;
xxxxx
(1E)The Special Officer so appointed shall ,-
(i)take into custody or bring under his control, the property,
effects and actionable claims to which the erstwhile society
is, or appears to be entitled to and shall take steps as may be
necessary or expedient to prevent loss or deterioration of or
damage to, such property, effects and claims;
(ii)take such steps for the bifurcation of area, assets and
liabilities of the society and also shall take steps to register
new society with the members of the society so bifurcated
and constitute the committee;
(iii)such bifurcation shall be completed within a period of one
year from the date of commencement of the Kerala Co-
operative Societies (Amendment) Ordinance, 2012 (9 of
2012).
WA NO. 295 OF 2022
7. No doubt, in the first blush, the argument of the
learned counsel for the petitioner by referring to the
expression 'members' would mean 'the members on
bifurcation' found attractive but at the same time, it is
noticed that initially, the members were 5923. Rule 41(4)
of the KCS Rules reads as under:
41. Procedure regarding the constitution of
committees of new societies in the case of a division of
a society.
xxxxxx
4) The interim committee of each of the new societies
shall, notwithstanding anything contained in these rules
or the bye-laws of the new society, exercise all the
powers conferred and discharge all the duties imposed
on the committee by the bye-laws of such new society.
8. In the cited judgment of Joint Registrar of
Co-operative Societies (supra) was a case where on a
supersession of a Society, an Administrator was appointed.
In such circumstances, it was held that an Administrator
cannot enroll members. There was no discussion or
reference to Rule 41. Learned Single Bench relegated the
appellant, petitioner to avail alternative remedy as provided
under Section 69 of the Co-operative Society Act. Remedy
under Section 69 of the Act can be availed within the
WA NO. 295 OF 2022
prescribed time period for challenging election. In view of
the ratio decidendi culled out in Reji Thomas and Others
(supra), time line if elapsed, cannot be extended. No
ground for interference is made out. Writ appeal is
dismissed.
Sd/-
AMIT RAWAL
JUDGE
Sd/-
sab C.S. SUDHA
JUDGE
