Shibily Sahib vs Joint Registrar Of Co-Operative ...
2024 Latest Caselaw 5722 Ker

Kerala High Court

Shibily Sahib vs Joint Registrar Of Co-Operative ... 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. 92 OF 2022

         AGAINST THE JUDGMENT IN WP(C) 260/2022 OF HIGH COURT OF KERALA


APPELLANTS/PETITIONERS :


     1       SHIBILY SAHIB
             AGED 64 YEARS
             VICE PRESIDENT, THODUPUZHA PRIMARY CO-OPERATIVE AGRICULTURAL RURAL
             DEVELOPMENT BANK LTD NO. 4388, THODUPUZHA, IDUKKI DISTRICT -
             685581, RESIDING AT VADAKKAYELMEDA HOUSE, MUTHALAKODAM P.O,
             KARIKODE VILLAGE, THODUPUZHA TALUK, IDUKKI DISTRICT.

     2       P J AVIRA.
             MEMBER, BOARD OF DIRECTORS, THODUPUZHA PRIMARY CO-OPERATIVE
             AGRICULTURAL RURAL DEVELOPMENT BANK LTD NO. 4388, THODUPUZHA,
             IDUKKI DISTRICT - 685581, RESIDING AT PAIMPILLIL HOUSE, KARIMKUNNAM
             P.O, THODUPUZHA TALUK, IDUKKI DISTRICT.

     3       T M SALIM
             MEMBER , BOARD OF DIRECTORS, THODUPUZHA PRIMARY CO-OPERATIVE
             AGRICULTURAL RURAL DEVELOPMENT BANK LTD NO. 4388, THODUPUZHA,
             IDUKKI DISTRICT - 685581,, RESIDING AT THAIPARAMBIL HOUSE,
             MUTHALAKODAM P.O, KARIKODE VILLAGE, THODUPUZHA TALUK, IDUKKI
             DISTRICT.

     4       N I BENNY
             MEMBER , BOARD OF DIRECTORS, THODUPUZHA PRIMARY CO-OPERATIVE
             AGRICULTURAL RURAL DEVELOPMENT BANK LTD NO. 4388, THODUPUZHA,
             IDUKKI DISTRICT - 685581, RESIDING AT NADACKAL HOUSE, VENGALLOR
             P.O, THODUPUZHA VILLAGE, THODUPUZHA TALUK, IDUKKI DISTRICT.

     5       LAISAMMA SASI
             MEMBER , BOARD OF DIRECTORS, THODUPUZHA PRIMARY CO-OPERATIVE
             AGRICULTURAL RURAL DEVELOPMENT BANK LTD NO. 4388, THODUPUZHA,
             IDUKKI DISTRICT - 685581, RESIDING AT KUNNUMEL HOUSE, VANNAPPURAM
             P.O, VANNAPPURAM VILLAGE, THODUPUZHA TALUK, IDUKKI DISTRICT.

     6       K M SALIM
             MEMBER , BOARD OF DIRECTORS, THODUPUZHA PRIMARY CO-OPERATIVE
             AGRICULTURAL RURAL DEVELOPMENT BANK LTD NO. 4388, THODUPUZHA,
             IDUKKI DISTRICT - 685581, RESIDING AT KUNNEL HOUSE, MUTHALAKODAM
             P.O, KARIKODE VILLAGE, THODUPUZHA TALUK, IDUKKI DISTRICT.

     7       PUSHPAKUMARI P D.
             MEMBER , BOARD OF DIRECTORS, THODUPUZHA PRIMARY CO-OPERATIVE
             AGRICULTURAL RURAL DEVELOPMENT BANK LTD NO. 4388, THODUPUZHA,
             IDUKKI DISTRICT - 685581, RESIDING AT PAYIPPATTU HOUSE, EDADDU P.O,
             ELAPPALLY VILLAGE, THODUPUZHA TALUK, IDUKKI DISTRICT.
 WA NO. 92 OF 2022 and conctd. cases
                                          2

     8       MARIYAMMA BENNY.
             MEMBER , BOARD OF DIRECTORS, THODUPUZHA PRIMARY CO-OPERATIVE
             AGRICULTURAL RURAL DEVELOPMENT BANK LTD NO. 4388, THODUPUZHA,
             IDUKKI DISTRICT - 685581, RESIDING AT THOTTUPATTU HOUSE,
             VANDAMATTOM, KODIKULAM VILLAGE, THODUPUZHA TALUK, IDUKKI
             DISTRICT.

             BY ADVS.
             GEORGE POONTHOTTAM (SR.)
             NISHA GEORGE



RESPONDENTS/RESPONDENTS:

 1       JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES
         PAINAVU, IDUKKI-685603.

 2       THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL),
         OFFICE OF THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES,
         THODUPUZHA, IDUKKI DISTRICT - 685581.

 3       STATE CO-OPERATIVE ELECTION COMMISSION (SCEC)
         3RD FLOOR, CO BANK TOWERS, VIKAS BHAVAN P.O, THIRUVANANTHAPURAM,
         PIN CODE - 695033, REPRESENTED BY ITS SECRETARY.

 4       THODUPUZHA PRIMARY CO-OPERATIVE AGRICULTURAL RURAL DEVELOPMENT
         BANK LTD
         NO. 4388, THODUPUZHA, IDUKKI DISTRICT - 685581, REPRESENTED BY ITS
         SECRETARY.




             BY ADVS.
             LAKSHMI NARAYANAN
             P.V.BABY
             M.SASINDRAN



OTHER PRESENT:

             sr gp SRI BIMAL K NATH


      THIS WRIT APPEAL HAVING COME UP FOR HEARING ON 20.02.2024, ALONG WITH

WP(C).260/2022, 15659/2022 AND CONNECTED CASES, THE COURT ON THE SAME DAY

DELIVERED THE FOLLOWING:
 WA NO. 92 OF 2022 and conctd. cases
                                          3


                  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
                            WP(C) NO. 260 OF 2022


PETITIONERS:
      1      SHIBILY SAHIB
             AGED 64 YEARS
             VICE PRESIDENT, THODUPUZHA PRIMACY CO-OPERATIVE AGRICULTURAL
             RURAL DEVELOPMENT BANK LTD NO. 4388, THODUPUZHA, IDUKKI
             DISTRICT - 685581, RESIDING AT VADAKKAYELMEDA HOUSE,
             MUTHALAKODAM P.O, KARIKODE VILLAGE, THODUPUZHA TALUK, IDUKKI
             DISTRICT.

     2      P.J. AVIRA
            MEMBER, BOARD OF DIRECTORS, THODUPUZHA PRIMACY CO-OPERATIVE
            AGRICULTURAL RURAL DEVELOPMENT BANK LTD NO. 4388, THODUPUZHA,
            IDUKKI DISTRICT - 685581, RESIDING AT PAIMPILLIL HOUSE,
            KARIMKUNNAM P.O, THODUPUZHA TALUK, IDUKKI DISTRICT.

     3      T.M. SALIM
            MEMBER , BOARD OF DIRECTORS, THODUPUZHA PRIMACY CO-OPERATIVE
            AGRICULTURAL RURAL DEVELOPMENT BANK LTD NO. 4388, THODUPUZHA,
            IDUKKI DISTRICT - 685581,, RESIDING AT THAIPARAMBIL HOUSE,
            MUTHALAKODAM P.O, KARIKODE VILLAGE, THODUPUZHA TALUK, IDUKKI
            DISTRICT.

     4      N.I. BENNY
            MEMBER , BOARD OF DIRECTORS, THODUPUZHA PRIMACY CO-OPERATIVE
            AGRICULTURAL RURAL DEVELOPMENT BANK LTD NO. 4388, THODUPUZHA,
            IDUKKI DISTRICT - 685581, RESIDING AT NADACKAL HOUSE,
            VENGALLOR P.O, THODUPUZHA VILLAGE, THODUPUZHA TALUK, IDUKKI
            DISTRICT.


     5      LAISAMMA SASI
            MEMBER , BOARD OF DIRECTORS, THODUPUZHA PRIMACY CO-OPERATIVE
            AGRICULTURAL RURAL DEVELOPMENT BANK LTD NO. 4388, THODUPUZHA,
            IDUKKI DISTRICT - 685581, RESIDING AT KUNNUMEL HOUSE,
            VANNAPPURAM P.O, VANNAPPURAM VILLAGE, THODUPUZHA TALUK, IDUKKI
            DISTRICT.
     6      K.M. SALIM
            MEMBER , BOARD OF DIRECTORS, THODUPUZHA PRIMACY CO-OPERATIVE
            AGRICULTURAL RURAL DEVELOPMENT BANK LTD NO. 4388, THODUPUZHA,
            IDUKKI DISTRICT - 685581, RESIDING AT KUNNEL HOUSE,
            MUTHALAKODAM P.O, KARIKODE VILLAGE, THODUPUZHA TALUK, IDUKKI
            DISTRICT.
 WA NO. 92 OF 2022 and conctd. cases
                                         4



     7      PUSHAPAKUMAR P.D
            MEMBER , BOARD OF DIRECTORS, THODUPUZHA PRIMACY CO-OPERATIVE
            AGRICULTURAL RURAL DEVELOPMENT BANK LTD NO. 4388, THODUPUZHA,
            IDUKKI DISTRICT - 685581, RESIDING AT PAYIPPATTU HOUSE, EDADDU
            P.O, ELAPPALLY VILLAGE, THODUPUZHA TALUK, IDUKKI DISTRICT.

     8      MARIYAMMA BENNY
            MEMBER , BOARD OF DIRECTORS, THODUPUZHA PRIMACY CO-OPERATIVE
            AGRICULTURAL RURAL DEVELOPMENT BANK LTD NO. 4388, THODUPUZHA,
            IDUKKI DISTRICT - 685581, RESIDING AT THOTTUPATTU HOUSE,
            VANDAMATTOM, KODIKULAM VILLAGE, THODUPUZHA TALUK, IDUKKI
            DISTRICT.

            BY ADV GEORGE POONTHOTTAM (SR.)



RESPONDENTS:
      1      JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES
             (GENERAL), PAINAVU, IDUKKI - 685603.

     2      THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL)
            OFFICE OF THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES,
            THODUPUZHA, IDUKKI DISTRICT - 685581.

     3      THE STATE COOPERATIVE ELECTION COMMISSION
            3RD FLOOR, CO BANK TOWERS, VIKAS BHAVAN P.O,
            THIRUVANANTHAPURAM, PIN CODE - 695033, REPRESENTED BY ITS
            SECRETARY.
     4      THODUPUZHA PRIMARY CO-OPERATIVE AGRICULTURAL RURAL DEVELOPMENT
            BANK LTD,
            NO. 4388, THODUPUZHA, IDUKKI DISTRICT - 685581, REPRESENTED BY
            ITS SECRETARY.

            BY ADV P.V.BABY


      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR HEARING ON 20.02.2024,

ALONG WITH WA.92/2022 AND CONNECTED CASES, THE COURT ON THE SAME DAY

DELIVERED THE FOLLOWING:
 WA NO. 92 OF 2022 and conctd. cases
                                     5



              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
                      WP(C) NO. 15659 OF 2022
PETITIONER:

          SHIBILY SAHIB
          AGED 64 YEARS
          MEMBER AND CANDIDATE, THODUPUZHA PRIMARY CO-
          OPERATIVE AGRICULTURAL RURAL DEVELOPMENT BANK LTD
          NO.4388, THODUPUZHA, IDUKKI DISTRICT-685 581,
          RESIDING AT VADAKKAYELMEDA HOUSE, MUTHALAKODAM P.O.,
          KARIKODE VILLAGE, THODUPUZHA TALUK, IDUKKI DISTRICT

          BY ADVS.
          GEORGE POONTHOTTAM (SR.)
          NISHA GEORGE



RESPONDENT/S:

    1     THE RETURNING OFFICER
          THODUPUZHA PRIMARY CO-OPERATIVE AGRICULTURAL RURAL
          DEVELOPMENT BANK LTD NO.4388, THODUPUZHA, IDUKKI
          DISTRICT-685 581.

    2     THE DEPUTY SUPERINTENDENT OF POLICE,
          THODUPUZHA, IDUKKI DISTRICT-685 584

    3     THE CIRCLE INSPECTOR OF POLICE,
          THODUPUZHA, IDUKKI DISTRICT-685 584

    4     PROF.K.I.ANTONY,
          MEMBER AND CANDIDATE, THODUPUZHA PRIMARY CO-
          OPERATIVE AGRICULTURAL RURAL DEVELOPMENT BANK LTD
          NO.4388, THODUPUZHA, IDUKKI DISTRICT-685 581
 WA NO. 92 OF 2022 and conctd. cases
                                      6



    5     THODUPUZHA PRIMARY CO-OPERATIVE AGRICULTURAL RURAL
          DEVELOPMENT BANK LTD
          NO.4388, THODUPUZHA, IDUKKI DISTRICT-685 581,
          REPRESENTED BY ITS SECRETARY.

    6     THE DIRECTOR GENERAL OF POLICE,
          THIRUVANANTHAPURAM.

    7     THE DISTRICT SUPERINTENDENT OF POLICE, IDUKKI.
          ARE SUO-MOTU IMPLEADED AS PER ORDER DATED 16.06.2022
          IN WP(C) 15659/2022.

          R6 and r7 are impleaded as per order dated 16.6.2022
          in WPC

         BY ADVS.
         ADVOCATE GENERAL OFFICE KERALA
         ADVOCATE GENERAL(AG-1)
         SRI.P.P.THAJUDEEN, SPL.GOVERNMENT PLEADER(GP-34)




     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR HEARING ON
20.02.2024,   ALONG   WITH   WA.92/2022   AND   CONNECTED   CASES,   THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WA NO. 92 OF 2022 and conctd. cases
                                            7


                 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
                          WP(C) NO. 22736 OF 2022
PETITIONER:

               BABY JOSEPH
               AGED 62 YEARS
               S/O.P.T.JOSEPH, PAZHAYIDATHU HOUSE, ANCHERI POST, ALAKKODE,
               THODUPUZHA, IDUKKI DISTRICT - 685 585.

               BY ADVS.
               M.SASINDRAN
               P.SHAHEED


RESPONDENTS:

     1         THE STATE CO-OPERATIVE ELECTION COMMISSION
               THIRUVANANTHAPURAM - 695 001.

     2         THE ELECTORAL OFFICER
               (ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL),
               THODUPUZHA), THODUPUZHA PRIMARY CO-OPERATIVE AGRICULTURAL AND
               RURAL DEVELOPMENT BANK LTD., THODUPUZHA, IDUKKI DISTRICT, PIN -
               685 584.

     3         THE RETURNING OFFICER
               (THE UNIT INSPECTOR, OFFICE OF THE ASSISTANT REGISTRAR OF CO-
               OPERATIVE SOCIETIES (GENERAL), THODUPUZHA PRIMARY CO-OPERATIVE
               AGRICULTURAL AND RURAL DEVELOPMENT BANK LTD., THODUPUZHA,
               IDUKKI DISTRICT, PIN - 685 584.

     4         THODUPUZHA PRIMARY CO-OPERATIVE AGRICULTURAL AND RURAL
               DEVELOPMENT BANK LTD.
               THODUPUZHA, IDUKKI DISTRICT, PIN - 685 584 REPRESENTED BY ITS
               SECRETARY.

     5         THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL)
               IDUKKI - 685 001.

     6         STATE OF KERALA
               REPRESENTED BY ITS SECRETARY TO GOVERNMENT CO-OPERATIVE
               DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM - 695 001.

      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR HEARING ON 20.02.2024,
ALONG WITH WA.92/2022 AND CONNECTED CASES, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
 WA NO. 92 OF 2022 and conctd. cases
                                  8

                         JUDGMENT

Amit Rawal, J.

Learned Senior counsel Sri. George Poonthottam submits

that the writ appeal and writ petitions may be ordered to be

closed. Ordered accordingly.

Sd/-

AMIT RAWAL JUDGE

Sd/-

sab                                   C.S. SUDHA
                                         JUDGE

WA NO. 92 OF 2022 and conctd. cases

APPENDIX OF WP(C) 260/2022

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE RESOLUTION DATED

ADOPTED BY THE 4TH RESPONDENT BANK.

Exhibit P2 TRUE COPY OF THE COMMUNICATION DATED 15.12.2021 ISSUED BY THE 2ND RESPONDENT TO THE 4TH RESPONDENT SOCIETY.

Exhibit P3 TRUE COPY OF THE COMMUNICATION NO.E(1)5205/2021/S.C.E.C. DATED 24.12.2021 ISSUED BY THE 3RD RESPONDENT. WA NO. 92 OF 2022 and conctd. cases

APPENDIX OF WP(C) 15659/2022 PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE ORDER PASSED BY THE DIVISION BRANCH OF THIS COURT ON 15TH MARCH 2022 IN WA NO.92 OF 2022

Exhibit P2 TRUE COPY OF THE ELECTION NOTIFICATION NO.E (2) 5205/2021/S.C.E.C. DATED 01.04.2022 ISSUED BY THE STATE CO- OPERATIVE ELECTION COMMISSION

Annexure-I Copy of the letter from Returning Officer informing the situation to the Joint Registrar (General), Idukki

Exhibit P3 TRUE COPY OF THE REQUEST GIVEN BY THE PETITIONER AND OTHERS TO THE RETURNING OFFICER DATED 07.05.2022

Annexure-II Copy of the letter from SHO, Thodupuzha Police Station, to the Returning Officer

Annexure-III Copy of the letter from Returning Officer informing the postponing of the election to the Kerala State Co-operative Chief Election Commissioner

Annexure-IV Letter handed over by the candidates to the Advocate Commissioner

Annexure-II Copy of the letter from SHO, Thodupuzha Police Station, to the Returning Officer

Annexure-III Copy of the letter from Returning Officer informing the postponing of the election to the Kerala State Co-operative Chief Election Commissioner

Annexure-IV Letter handed over by the candidates to the Advocate Commissioner

Annexure-I Copy of the letter from Returning Officer informing the situation to the Joint WA NO. 92 OF 2022 and conctd. cases

Registrar (General), Idukki WA NO. 92 OF 2022 and conctd. cases

APPENDIX OF WP(C) 22736/2022

PETITIONER EXHIBITS

Exhibit P1 A TRUE COPY OF THE ORDER DATED 10/01/2022 IN WP(C) NO.260 OF 2022.

Exhibit P2 A TRUE COPY OF THE ORDER DATED 15/03/2022 IN W.A.1992 OF 2022.

Exhibit P3 A TRUE COPY OF THE ORDER DATED 16/06/2022, DIRECTING TO PROCEED WITH THE PROCESS OF ELECTION.

Exhibit P4 A TRUE COPY OF THE NOTIFICATION DATED 05/0/2022 SCHEDULING THE POLLING TO 17/07/2022

Exhibit P5 A TRUE COPY OF THE FIR IN CRIME NO.757 OF 2022, OF THODUPUZHA POLICE STATION.

Exhibit P6 A TRUE COPY OF THE REMAND APPLICATION SUBMITTED BY THE POLICE IN THE JUDICIAL FIRST CLASS MAGISTRATE COURT, THODUPUZHA.

Exhibit P7 A TRUE COPY OF THE LIST OF MODEL BALLOT PAPER.

Exhibit P8 A TRUE COPY OF THE LETTER DATED 06/07/2022 SUBMITTED BY THE SECRETARY OF THE SOCIETY TO THE SUPERINTENDENT OF POLICE.

Exhibit P9 A TRUE COPY OF THE LETTER DATED 24/12/2021 ISSUED BY THE STATE CO-OPERATIVE ELECTION COMMISSION, TO THE JOINT REGISTRAR OF CO- OPERATIVE SOCIETIES.

WA NO. 92 OF 2022 and conctd. cases

PETITIONER ANNEXURES

Annexure A1 TRUE COPY OF THE JUDGMENT IN W A NO.1746/2019 DATED 17.01.2020 PASSED BY THIS HONOURABLE COURT.

RESPONDENT ANNEXURES

Annexure A1 Copy of Communication No B2/12165/2022/ER Dated 18/07/2022

Annexure A2 Copy Of Communication No U5- 105245/2022/PHQ dated 29/08/2022