Kerala High Court
Sasikumar.S vs Kerala State Co-Operative Election ... on 30 September, 2024
Author: N.Nagaresh
Bench: N.Nagaresh
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
MONDAY, THE 30TH DAY OF SEPTEMBER 2024 / 8TH ASWINA, 1946
WP(C) NO. 19030 OF 2024
PETITIONERS:
1 SASIKUMAR.S
AGED 52 YEARS
S/O.SOMAN NADAR, S.S.NIVAS,
SAL JOSE NAGAR, BLANGAMURI,
NEYYATTINKARA, THIRUVANANTHAPURAM,
PIN - 695121
2 S.SHALIN
AGED 31 YEARS
S/O.SUNDARAN, SHALI BHAVAN,
KARIPRAKONAM, PERUMPAZHUTHOOR.P.O.,
NEYYATTINKARA,
THIRUVANANTHAPURAM, PIN - 695126
BY ADVS.
D.SAJEEV
LIGEY ANTONY
RESPONDENTS:
1 KERALA STATE CO-OPERATIVE ELECTION COMMISSION
3RD FLOOR,
CO-BANK TOWER, PALAYAM,
VIKAS BHAVAN.P.O., THIRUVANANTHAPURAM,
REPRESENTED BY ITS SECRETARY.,
PIN - 695033
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2 THE SECRETARY
KERALA KHADI AND VILLAGE INDUSTRIES BOARD,
KHADI GRAMA SOUBAGYA,
ATTUKAL SHOPPING COMPLEX, EAST FORT,
THIRUVANANTHAPURAM,
PIN - 695023
3 THE PROJECT OFFICER
DISTRICT KHADI AND VILLAGE INDUSTRIES BOARD,
KHADI MANDIRAM, MELATHUMELA,
VATTIYOORKAVU.P.O.,
THIRUVANANTHAPURAM, PIN - 695013
4 AMARAVILA CHUDUKAL ULPADAKA KRAYA VIKRAYA
SAHAKARANA SANGAM K.V.IND. (T) -3
AMARAVILA.P.O.,
NEYYATTINKARA, THIRUVANANTHAPURAM,
REPRESENTED BY ITS SECRETARY, PIN - 695122
5 THE PRESIDENT
AMARAVILA CHUDUKAL ULPADAKA KRAYA VIKRAYA
SAHAKARANA SANGAM - K.V.IND. (T)-3,
AMARAVILA.P.O.,
NEYYATTINKARA, THIRUVANANTHAPURAM,
PIN - 695122
6 AMARAVILA CHUDUKAL ULPADAKA KRAYA VIKRAYA
SAHAKARANA SANGAM K.V.IND. (T)-3
SALIM RAJ,
DIRECTOR BOARD MEMBER, AMARAVILA.P.O.,
NEYYATTINKARA,
THIRUVANANTHAPURAM,
PIN - 695122
7 C.SURESHKUMAR
DIRECTOR BOARD MEMBERS,
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AMARAVILA CHUDUKAL ULPADAKA KRAYA VIKRAYA
SAHAKARANA SANGAM K.V.IND. (T)-3,
AMARAVILA.P.O.,
NEYYATTINKARA, THIRUVANANTHAPURAM,
PIN - 695122
BY ADVS.
SRI.N.RAJAGOPALAN NAIR
SRI.SAYED MANSOOR BAFAKHY THANGAL
SRI.C.M.NAZAR
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 30.09.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
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JUDGMENT
Dated this the 30th day of September, 2024
The petitioners, who are members of Amaravila
Chudukal Ulpadaka Kraya Vikraya Sahakarana Sangam-
K.V.IND.(T)-3, have filed this writ petition seeking to
command the 2nd respondent-Secretary to the Kerala Khadi
and Village Industries Board to take appropriate steps to
supersede the Committee headed by the 5 th respondent,
where the present Managing Committee members cannot
constitute the required quorum for Managing Committee
meetings.
2. The petitioners would urge that the strength of the
Committee is seven and there were only five elected
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members. Two of them resigned, according to the
petitioners. The petitioners further sought to command
respondents 2 and 3 to consider Ext.P8 complaint and order
appropriate steps to appoint an Administrator in order to carry
out the day-to-day administration of the 4th respondent-
Society.
3. Standing Counsel entered appearance and
resisted the writ petition on behalf of respondents 4 to 6. The
5th respondent is the President of the Society. The President
of the Society, to whom any resignation letters are to be
tendered, has categorically stated before this Court that no
resignation letters from any of the five elected members have
been received by him.
4. Counsel for the petitioners, on the other hand,
would submit that two members have sent their resignations
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through registered post to the President.
5. I have heard the learned counsel for the petitioners
and respective learned Standing Counsel representing
respondents 1 to 6.
6. When the President of the Society categorically
states that he has not received any resignation letters from
the existing members, this Court find no reason to disbelieve
the statement of the 5th respondent-President. It is to be
noted that it is not the persons who have resigned from the
Managing Committee, who have filed this writ petition. Third
parties, who are members of the Society, claimed that two
Managing Committee members have resigned from the
Managing Committee. Such an argument at the instance of
the petitioners cannot be entertained.
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If the petitioners have any grievance in this regard, the
petitioners may either approach the Jurisdictional Registrar
concerned or invoke other remedies under the Kerala Co-
operative Societies Act, 1969. Granting liberty to the
petitioners to do so, the writ petition is disposed of.
Sd/-
N.NAGARESH
JUDGE
hmh
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APPENDIX OF WP(C) 19030/2024
PETITIONERS' EXHIBITS
Exhibit P1 TRUE COPY OF THE PROCEEDINGS NO.
KB280/2015/CO-OPERATION DATED
11.02.2021 OF THE 2ND RESPONDENT
Exhibit P2 TRUE COPY OF THE ELECTION NOTIFICATION
NO.E(2)5420/2021 DATED 28.12.2021
PUBLISHED BY THE 1ST RESPONDENT
Exhibit P3 TRUE COPY OF THE LETTER DATED
07.05.2022 ISSUED TO LISSYMOL.G
Exhibit P4 TRUE COPY OF THE RELEVANT PAGES OF THE
BYE-LAW OF THE 4TH RESPONDENT SOCIETY
Exhibit P5 TRUE COPY OF THE COMPLAINT FILED BY
THE PETITIONERS DATED 15.09.2023 TO
THE VIGILANCE AND ANTI-CORRUPTION
BUREAU, THIRUVANANTHAPURAM
Exhibit P6 TRUE COPY OF THE RESIGNATION LETTER
DATED 14.11.2023 SUBMITTED BY
SMT.BINDU.O TO THE 3RD RESPONDENT
Exhibit P7 TRUE COPY OF THE RESIGNATION LETTER
DATED 14.11.2023 SUBMITTED BY
SMT.LISSYMOL.G TO THE 3RD RESPONDENT
Exhibit P8 TRUE COPY OF THE COMPLAINT DATED
18.03.2024 FILED BY THE 1ST PETITIONER
BEFORE THE 1ST RESPONDENT
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Exhibit P9 TRUE COPY OF THE LETTER NO.
TP815/2018/CO-OPERATION TO THE 1ST
RESPONDENT
