Kerala High Court
The Managing Committee Of ... vs Joint Registrar Of Co-Operative ... on 5 June, 2024
Author: Devan Ramachandran
Bench: Devan Ramachandran
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
WEDNESDAY, THE 5TH DAY OF JUNE 2024 / 15TH JYAISHTA, 1946
WP(C) NO. 14708 OF 2024
PETITIONER:
THE MANAGING COMMITTEE OF CHEMPAZHANTHI
AGRICULTURAL IMPROVEMENT CO-OPERATIVE SOCIETY
LTD.NO.T.1750, CHEMPAZHANTHI P.O, THIRUVANANTHAPURAM,
REPRESENTED BY ITS PRESIDENT, JAYAKUMAR, AGED 59 YEARS,
S\O SEKHARA PILLAI,RESIDING AT PANKAJAM, INDIRAJI
NAGAR, ANIYOOR, CHEMPAZHANTHI P.O, THIRUVANANTHAPURAM.,
PIN - 695587
BY ADVS.
P.N.MOHANAN
C.P.SABARI
AMRUTHA SURESH
GILROY ROZARIO
RESPONDENTS:
1 JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (G)
OFFICE OF THE JOINT REGISTRAR OF CO-OPERATIVE
SOCIETIES, JAWAHAR SAHAKARANA BHAVAN,
POOJAPPURA,THIRUVANANTHAPURAM, PIN - 695012
2 THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES
THIRUVANANTHAPURAM, PIN - 695012
3 THE STATE CO-OPERATIVE ELECTION COMMISSION
REPRESENTED BY ELECTION COMMISSIONER, 3RD FLOOR,
CO-BANK TOWERS, PALAYAM, VIKAS BHAVAN P.O.,
THIRUVANANTHAPURAM, PIN - 695033
4 J.VALSALA KUMARI, THOPPUVILA PUTHENVEEDU,
POUDIKKONAM P.O, THIRUVANANTHAPURAM,
PIN - 695588
SRI.C.M.NAZAR - SC R3
SMT.C.S.SHEEJA - SR.GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
05.06.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WPC 14708/24
2
JUDGMENT
The limited plea of the petitioner, which is stated to be the
Managing Committee of a Co-operative Society, is that the 2 nd
respondent - Assistant Registrar be directed to forward Ext.P3
request preferred by them, to the 3rd respondent - State Co-
operative Election Commission, wherein, they have requested for
the conduct of election to the vacancies arisen in the said
Committee, on a particular date.
2. In response to the afore request of Sri.C.P.Sabari -
learned counsel for the petitioner, Smt.C.S.Sheeja - learned Senior
Government Pleader, submitted that Ext.P3 was found to be
suspicious because, there was a doubt whether the Managing
Committee had the quorum to adopt it. She added that the
controversy arose because, a question arose to whether the 4 th
respondent had resigned or otherwise. She submitted that, however,
now the said issue may not be relevant in view of Ext.P4 letter of
the Joint Registrar to the Assistant Registrar, that the 4th
respondent had appeared before him and stated that she had not
resigned; and hence that the latter is willing to forward Ext.P3 to
the 3rd respondent for appropriate action. She, however, prayed
that this Court may not make any affirmative declarations on any
of the rival contentions.
3. Sri.C.M.Nazar - learned Standing Counsel for the 3 rd
respondent-Election Commission, affirmed that his client is yet to
receive Ext.P3; and added that, as and when it is received, his
client will take necessary action thereon as per law.
Taking note of the afore submissions, I allow this Writ
Petition, directing the 2nd respondent to forward Ext.P3 request of
the petitioner to the 3rd respondent, within a period of one week
from the date of receipt of a copy of this judgment. As a necessary
corollary, the 3rd respondent will consider Ext.P3 as and when it is
received by them, following due procedure and after affording all
sides opportunities, as is statutorily required; thus culminating in an
appropriate order/necessary action thereon, without any avoidable
delay, but not later than one month thereafter.
Sd/-
RR DEVAN RAMACHANDRAN
JUDGE
APPENDIX OF WP(C) 14708/2024
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE RESOLUTION DATED
30.11.2023 OF THE MANAGING COMMITTEE
Exhibit P2 TRUE COPY OF THE RESOLUTION DATED
29.02.2024 OF THE MANAGING COMMITTEE
Exhibit P3 TRUE COPY OF THE RESOLUTION DATED
29.02.2024 ALONG WITH COVERING LETTER
DATED 07.03.2024 ADDRESSED TO THE
ELECTION COMMISSION THROUGH THE ASSISTANT
REGISTRAR
RESPONDENT EXHIBITS
EXHIBIT R2(A) TRUE PHOTOCOPY OF THE POSTAL RECEIPT
DATED 15/02/2024 WHICH STANDS PRODUCED BY
THE FOURTH RESPONDENT BEFORE THE UNIT
INSPECTOR
EXHIBIT R2(B) TRUE PHOTOCOPY OF THE RECORDED STATEMENT
OF Smt. VALSALAKUMARI J before the Unit
inspector, Sreekaryam
EXHIBIT R2(C) TRUE PHOTOCOPY OF THE RECORDED STATEMENT
OF Smt. Deepa S before the Unit
inspector, Sreekaryam
PETITIONER EXHIBITS
Exhibit P4 TRUE COPY OF THE ORDER DATED 14.05.2024
OF THE JOINT REGISTRAR
