Kerala High Court
Viswanathan Nair K.S vs S.H.Jayakesan on 28 June, 2024
Author: Anil K. Narendran
Bench: Anil K. Narendran
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ANIL K. NARENDRAN
FRIDAY, THE 28TH DAY OF JUNE 2024 / 7TH ASHADHA, 1946
CON.CASE(C) NO. 597 OF 2019
AGAINST THE JUDGMENT DATED 05.02.2019 IN WP(C) NO.38631 OF
2018 OF HIGH COURT OF KERALA
PETITIONER/PETITIONER IN WPC:
VISWANATHAN NAIR K.S.
AGED 63 YEARS
S/O. SANKARA KURUP, KONNAKOTTU HOUSE, MEKKOZHOOR
P.O, PATHANAMTHITTA.
BY ADVS.
D.KISHORE
SMT.MINI GOPINATH
SMT.MEERA GOPINATH
SRI.R.MURALEEKRISHNAN (MALAKKARA)
RESPONDENT/RESPONDENTS 2 AND 4 IN THE WP(C):
1 S.H.JAYAKESAN(AGE AND FATHER'S NAME NOT KNOWN TO
THE PETITIONER)
CHIEF CO-OPERATIVE ELECTION COMMISSIONER, 4TH
FLOOR,CO-BANK TOWERS, VIKAS BHAVAN P.O,
THIRUVANANTHAPURAM-695033.
2 KHALIFULLAH KHAN(AGE AND FATHER'S NAME NOT KNOWN
TO THE PETITIONER)
PRESIDING OFFICER,(UNIT INSPECTOR, CO-OPERATIVE
SOCIETIES, VALLIKKODE UNIT), MEKKOZHOOR SERVICE
CO-OPERATIVE BANK (LTD.NO.1191) MEKKOZHOOR P.O,
PATHANAMTHITTA DISTRICT, PIN-689648.
BY ADVS.
SRI.R.LAKSHMI NARAYAN
2
Cont.Case (C)No.597 of 2019
OTHER PRESENT:
SR.GP - SRI. S. RAJMOHAN
THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP FOR
ADMISSION ON 28.06.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
3
Cont.Case (C)No.597 of 2019
JUDGMENT
The petitioner has filed this contempt case alleging wilful
disobedience of the directions contained in Annexure-I judgment
of this Court dated 05.02.2019 in W.P.(C)No.38631 of 2018,
whereby, Exts.P4 notice and P7 order were set aside. The
operative portion of the said judgment reads thus:
"In such circumstances, conclusion is irresistible that
Exts.P4 notice and P7 order cannot be sustained in law, as
they are issued absolutely without any authority of law.
Exts.P4 notice and P7 order are accordingly set aside.
Therefore, it is for the 2 nd respondent State Co-operative
Election Commission and also to the 4 th respondent, who is
the Presiding Officer for the election to the post of
President and Vice President, to proceed further with that
process in terms of the order dated 17.10.2018, so as to
ensure that the elected Managing Committee of the 1st
respondent Society takes charge, replacing the
Administrative Committee, without any delay. The 2 nd and
the 4th respondents shall do the needful, within two weeks
from the date of receipt of a certified copy of this
judgment."
2. Annexure-I judgment was under challenge before the
Division Bench in W.A.No.678 of 2019. The judgment of the
Division Bench in that writ appeal was under challenge before
the Apex Court in S.L.P.(C)No.6236 of 2019.
3. Today, when this matter is taken up for consideration,
the learned counsel for the petitioner would submit that S.L.P.
(C)No.6236 of 2019 has already been disposed of, relegating the
petitioner to approach the Co-operative Arbitration Court, as
provided under sub-section (1) of Section 69 read with clause (c)
of sub-section (2) of Section 69 of the Kerala Co-operative
Societies Act, 1969. The 7 th respondent in the writ petition has
already approached the Co-operative Arbitration Court and that
matter is now pending consideration.
Recording the aforesaid submission made by the learned
counsel for the petitioner, this Contempt of Court Case is closed.
Sd/-
ANIL K. NARENDRAN,
JUDGE
rp/28/6
APPENDIX OF CON.CASE(C) 597/2019
PETITIONER ANNEXURES
ANNEXURE TRUE COPY OF THE JUDGMENT DATED 5.2.2019 IN WPC
I NO.38631 OF 2018 OF THIS HONOURABLE COURT.
ANNEXURE TRUE COPY OF THE NOTICE DATED 21.02.2019 ISSUED
II BY THE 2ND RESPONDENT.
ANNEXURE TRUE COPY OF THE ORDER DATED 22.02.2019 IN WRIT
III APPEAL NO.678/2019 OF THIS HONOURALE COURT.
ANNEXURE TRUE COPY OF THE NOTICE DATED 25.02.2019 ISSUED
IV BY THE 2ND RESPONDENT.
ANNEXURE TRUE COPY OF THE ORDER DATED 1.3.2019 IN
V SLP(C)6236/2019 OF THE HONOURABLE SUPREME COURT.
ANNEXURE TRUE COPY OF THE AFFIDAVIT DATED 21.02.2019
VI ISSUED BY THE 2ND RESPONDENT.
ANNEXURE TRUE COPY OF THE POSTAL ACKNOWLEDGEMENT RECEIPT
VI(A) EVIDENCING THE DISPATCH OF ANNEXURE-VI.
ANNEXURE TRUE COPY OF THE PETITION FOR CLARIFICATION
VII FILED BY THE APPELLANT AS IA 1/2019 IN WA
ANNEXURE TRUE COPY OF THE APPLICATON FILED BY THE 1ST
VIII RESPONDENT IN SLP(C)6236/2019 BEFORE THE
HONOURABLE SUPREME COURT.
RESPONDENT'S EXHIBITS
ANNEXURE A TRUE COPY OF THE NOTICE DATED 22.03.2019
R2(A)
ANNEXURE A TRUE COPYO F THE LETTER
R2(B) NO.E(1)7688/2019/S.C.E.C DATED 22.03.2019 ISSUED
BY THE STATE CO-OPERATIVE ELECTION COMMISSION TO
THE ASSISTANT REGISTRAR OF CO-OPERATIVE
SOCIETIES (GENERAL) KONNI
ANNEXURE THE TRUE COPY OF THE LETTER DATED 22.03.2019
R1(A)
ANNEXURE THE PHOTOCOPY OF THE LETTER DATED 27.03.2019 OF
R1(B) THE ASSISTANT REGISTRAR, CO-OPERATIVE SOCIETIES
(GENERAL), KONNI
