Kerala High Court
K.Johnson vs Joint Registrar Of Co-Operative ... on 7 November, 2024
Author: Anil K. Narendran
Bench: Anil K. Narendran
WA NO. 1807 OF 2024
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2024:KER:83158
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ANIL K. NARENDRAN
&
THE HONOURABLE MR. JUSTICE MURALEE KRISHNA S.
THURSDAY, THE 7 TH DAY OF NOVEMBER 2024/16TH KARTHIKA,
1946
WA NO. 1807 OF 2024
AGAINST THE JUDGMENT DATED 04.11.2024 IN
WP(C)NO.38620 OF 2024 OF HIGH COURT OF KERALA
APPELLANT:
K.JOHNSON, AGED 80 YEARS
S\O KUTTAN NADAR ,RESIDING AT
NELLIVILAYIL, VELLAPPALLY, NARUVAMOOD
P.O,THIRUVANANTHAPURAM PRESIDENT OF
NARUVAMOODU SERVICE CO-OPERATIVE BANK
LTD, NARUVAMOODU P.O.,
THIRUVANANTHAPURAM, PIN - 695528
BY ADVS.
P.N.MOHANAN
AMRUTHA SURESH
C.P.SABARI
GILROY ROZARIO
RESPONDENTS:
1 JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES
(G),
OFFICE OF THE JOINT REGISTRAR OF CO-
OPERATIVE SOCIETIES, JAGATHI,
THIRUVANANTHAPURAM, PIN - 695014
2 THE GOVERNMENT OF KERALA,
REPRESENTED BY SECRETARY TO GOVERNMENT,
CO-OPERATIVE DEPARTMENT, SECRETARIAT,
WA NO. 1807 OF 2024
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2024:KER:83158
THIRUVANANTHAPURAM, PIN - 695001
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 RETURNING OFFICER TO NARUVAMOODU SERVICE
CO-OPERATIVE BANK LTD
NARUVAMOODU P.O., THIRUVANANTHAPURAM
OFFICE OF THE (ASSISTANT REGISTRAR OF CO-
OPERATIVE SOCIETIES (G)), NEYYATTINKARA,
THIRUVANANTHAPURAM, PIN - 695121
OTHER PRESENT:
SRI. B. UNNIKRISHNA KAIMAL, SR. GP
THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON
07.11.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WA NO. 1807 OF 2024
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JUDGMENT
Anil K. Narendran, J.
The appellant filed W.P.(C)No.38620 of 2024, invoking the
writ jurisdiction of this Court under Article 226 of the
Constitution of India seeking a writ of mandamus commanding
the 4th respondent Returning Officer, Naruvamoodu Service Co-
operative Bank to accept his nomination being submitted on
08.11.2024, if it is otherwise in order; and a declaration that the
nomination submitted by the appellant is to be accepted
notwithstanding Ext.P5 order of surcharge, as it is not
implemented for the last three years, and the Committee is
continuing in office. The document marked as Ext.P10 is the
election notification dated 07.10.2024 issued by the 3 rd
respondent State Co-operative Election Commission to the
Managing Committee of Naruvamoodu Service Co-operative
Bank. As per Ext.P10 notification the submission of nomination is
scheduled on 08.11.2024 from 11.00 a.m. to 2.00 p.m. The
scrutiny of nomination is on 11.11.2024 from 11.00 a.m.
2. The learned Single Judge, by the impugned judgment
dated 04.11.2024, dismissed the writ petition on the ground that
the appellant, who is surcharged as per Ext.P5 order dated
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st
21.01.2021 of the 1 respondent Joint Registrar of Co-operative
Societies, is not entitled to the relief sought for.
3. Heard the learned Counsel for the appellant and also
the learned Senior Government Pleader for respondents 1 and 2.
4. The learned Counsel for the appellant would contend
that there is every likelihood of Ext.P5 order of surcharge being
interfered with in Ext.P7 appeal, which is now pending
consideration before the 1st respondent State, and hence the
learned Single Judge ought to have permitted the appellant to
submit nomination provisionally, subject to the outcome of
Ext.P7 appeal. In support of that argument, the learned counsel
placed reliance on the judgment of this Court in Vincent Y.R
and others v. Joint Registrar (General) of Co-operative
Societies and Others [ILR 2024 (1) Ker. 344], which stands
affirmed by a Division Bench.
6. The learned Senior Government Pleader would submit
that the appellant, in view of Ext.P5 order of surcharge, is
disqualified from contesting as a candidate in the election
pursuant to Ext.P10 notification dated 07.10.2024 issued by the
3rd respondent State Co-operative Election Commission and as
such, the learned Single Judge rightly dismissed the writ
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petition.
7. Admittedly, Ext.P5 order of surcharge is a
disqualification to the appellant to contest in the election, which
is scheduled to be held on 24.11.2024 pursuant to Ext.P10
notification dated 07.10.2024 issued by the 3 rd respondent State
Co-operative Election Commission. Instead of availing the
statutory remedy against Ext.P5 order of surcharge, the
appellant has chosen to approach this Court in a writ petition.
That writ petition was disposed by Ext.P6 judgment dated
09.07.2024, whereby the appellant is relegated to avail the
statutory remedy provided under Section 83(1)(e) of the Kerala
Co-operative Societies Act, 1969. It is thereafter that the
appellant filed an appeal before the 1 st respondent State, which
now stands posted to 14.11.2024 for consideration.
8. When the appellant is disqualified from contesting as
a candidate in the election scheduled on 24.11.2024 pursuant to
Ext.P10 notification issued by the 3rd respondent State Co-
operative Election Commission, on account of Ext.P5 order of
surcharge, he cannot seek a writ of mandamus commanding the
4th respondent Returning Officer to accept his nomination,
ignoring the disqualification in terms of Ext.P5 order; since no
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mandamus can be issued directing a statutory authority to do
something contrary to the statute.
9. In such circumstances, the learned Single Judge
cannot be found fault with in declining the relief sought for in the
writ petition.
This writ appeal fails and the same is accordingly
dismissed.
Sd/-
ANIL K. NARENDRAN,
JUDGE
sd/-
MURALEE KRISHNA S.,
JUDGE
Scl/
