Kerala High Court
Pattom Service Co-Operative Bank ... vs State Co-Operative Election ... on 28 May, 2024
Author: Devan Ramachandran
Bench: Devan Ramachandran
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
TUESDAY, THE 28TH DAY OF MAY 2024 / 7TH JYAISHTA, 1946
WP(C) NO. 18385 OF 2024
PETITIONER:
PATTOM SERVICE CO-OPERATIVE BANK LTD.T. 1318
KANNAMMOOLA, THIRUVANANTHAPURAM REPRESENTED
BY ITS PRESIDENT, PIN - 695011
BY ADVS.
B.S.SWATHI KUMAR
HARISANKAR N UNNI
RESPONDENTS:
1 STATE CO-OPERATIVE ELECTION COMMISSION
CO-BANK TOWERS, VIKAS BHAVAN, PALAYAM,
THIRUVANANTHAPURAM REPRESENTED BY ITS
SECRETARY, PIN - 695033
2 THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES
GENERAL, JAWAHAR SAHAKARANA BHAVAN, DPI JUNCTION,
JAGATHY, THIRUVANANTHAPURAM, PIN - 695014
3 THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES
(G), OFFICE OF THE ASSISTANT REGISTRAR OF
CO-OPERATIVE SOCIETIES, OOTTUKUZHY,
THIRUVANANTHAPURAM, PIN - 695001
4 STATE OF KERALA, REPRESENTED BY ITS SECRETARY,
CO-OPERATIVE (B) DEPARTMENT, SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
BY ADVS.
SRI. C.M.NAZAR FOR R1
SMT. MABLE C.KURIAN - SR. GP FOR R2 TO R4
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
28.05.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WPC 18385/24
2
JUDGMENT
The petitioner, which is a Co-operative Society, has
approached this Court, alleging that their resolution to conduct
fresh elections, as per Rule 35A(4) of the Kerala Co-operative
Societies Rules, is not being considered or acted upon by the 1 st
respondent - State Co-operative Election Commission, presumably
under the wrong impression that Exts.P3 and P4 Government
Orders would apply.
2. Sri.B.S.Swathi Kumar - learned counsel for the
petitioner, submitted that, though his client has challenged Exts.P3
and P4 by way of abundant caution, it is not really necessary in
this case, for the reason that the said orders would apply only in
the case of Societies, the terms of whose Managing Committees
would expire within a period of four months from 16.03.2024,
which is to mean on or before 15.07.2024. He pointed out that
the term of the Managing Committee of his client expires only on
19.07.2024; and therefore, that the Commission is obligated in law
to consider Ext.P1 resolution and Ext.P2 application and issue the
statutory notification, so as to lead to the conduct of election on
13.07.2024.
3. Sri.C.M.Nazar - learned Standing Counsel for the 1 st
respondent, in response, submitted that this Writ Petition is
premature and is an abuse of process because, his client has
enough power to consider Exts.P1 and P2 and take a final decision
thereon which, he said, will be done much prior to 13.07.2024.
4. Smt.Mable C. Kurian - learned Senior Government
Pleader, submitted that, since the petitioner is virtually giving up
the challenge to Exts.P3 and P4, she has no comment to make,
particularly when the same had been issued only for the purpose
of ensuring that no Society is put to prejudice because of the
ongoing Lok Sabha elections.
5. When I evaluate and consider the afore rival
submissions, prima facie and as is virtually admitted, the
impugned Government Orders, namely Exts.P3 and P4, may not
have any effect on the petitioner because the term of their
Managing Committee is to expire only on 19.07.2024. When this
factum is uncontested, obviously, it is for the Commission to take
a final decision on Exts.P1 and P2 and issue necessary
notifications, if found eligible, within the statutory time frames.
Since their learned Standing Counsel affirmed that this will be
done, I see no reason to keep this Writ Petition pending any
further on the files of this Court.
In the afore circumstances, recording the above submissions
of Sri.C.M.Nazar on behalf of the 1st respondent, I dispose of this
Writ Petition; with a consequential direction to its competent
Authority to take up Exts.P1 and P2 and dispose them of,
following due procedure, keeping in mind the statutory time
frames; thus culminating in appropriate proceedings, without any
avoidable delay. A final decision in this regard shall be taken not
later than 13.07.2024 and I record that it is conceded to by
Sri.C.M.Nazar on behalf of the 1st respondent.
Sd/-
RR DEVAN RAMACHANDRAN
JUDGE
APPENDIX OF WP(C) 18385/2024
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE RESOLUTION NO. 4 DATED
4-5-2024 OF THE PETITIONER.
Exhibit P2 TRUE COPY OF THE APPLICATION NO.
TVM/203/2024 DATED 8-5-2024 FILED BEFORE
THE 1ST RESPONDENT.
Exhibit P3 TRUE COPY OF THE CIRCULAR NO.
E(2)901/2024/SCEC DATED 20-3-2024 OF THE
1ST RESPONDENT.
Exhibit P4 TRUE COPY OF THE ORDER NO. G.O.(P)NO.
53/2024/CO-OP DATED 19-3-2024 OF THE 4TH
RESPONDENT.
