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Kerala High Court
P.K.Rajendran vs The Returning Officer on 15 December, 2025
2025:KER:96497
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE GOPINATH P.
MONDAY, THE 15TH DAY OF DECEMBER 2025 / 24TH AGRAHAYANA, 1947
WP(C) NO. 12974 OF 2025
PETITIONER:
1 P.K.RAJENDRAN,
AGED 77 YEARS,
(MEMBERSHIP NO.240), S/O.KELU, KELANTHUDI HOUSE,
PALAZHI, P.O.GURUVAYURAPPAN COLLEGE, KOZHIKODE
DISTRICT, PIN - 673014.
2 T.T. GEORGE,
AGED 75 YEARS,
(MEMBERSHIP NO.548), S/O.GEORGE, THADATHIL HOUSE,
PALAZHI, P.O.GURUVAYURAPPAN COLLEGE, KOZHIKODE
DISTRICT, PIN - 673014.
3 E.P. MOHANDAS,
AGED 66 YEARS,
(MEMBERSHIP NO.544), S/O.VELAYUDHAN, EDAVAZHIPURATH
HOUSE, PALAZHI, P.O.GURUVAYURAPPAN COLLEGE, KOZHIKODE
DISTRICT, PIN - 673014.
4 MARIYUMMA,
AGED 71 YEARS,
(MEMBERSHIP NO.455), W/O.AALI HAJI, CHAPOKKIL HOUSE,
PALAZHI, P.O.GURUVAYURAPPAN COLLEGE, KOZHIKODE
DISTRICT, PIN - 673014.
BY ADVS.
SHRI.T.R.HARIKUMAR
SMT.NAYANZA FERIN C.P.
RESPONDENTS:
1 THE RETURNING OFFICER,
(DIARY FARM INSPECTOR -2, THODANNUR), PALAZHI
KSHEEROLPADAKA SAHAKARANA SANGAM LTD. NO.D 66, (D)
APCOS, GURUVAYURAPPAN COLLEGE P.O., PALAZHI, KOZHIKODE
DISTRICT, PIN - 673014.
WP(C) NO. 12974 OF 2025
2
2025:KER:96497
2 THE ELECTORAL OFFICER
(DAIRY EXTENSION OFFICER, KOZHIKODE), PALAZHI
KSHEEROLPADAKA SAHAKARANA SANGAM LTD. NO.D 66, (D)
APCOS, GURUVAYURAPPAN COLLEGE P.O., PALAZHI,
KOZHIKODE DISTRICT, PIN - 673014.
3 THE STATE CO-OPERATIVE ELECTION COMMISSION,
REPRESENTED BY ITS SECRETARY, 3RD FLOOR, CO-BANK
TOWERS,VIKAS BHAVAN P.O., THIRUVANANTHAPURAM,
PIN - 695033.
4 THE PALAZHI KSHEEROLPADAKA SAHAKARANA SANGAM LTD.
NO.D 66, (D) APCOS, REPRESENTED BY ITS SECRETARY,
GURUVAYURAPPAN COLLEGE P.O., PALAZHI, KOZHIKODE
DISTRICT, PIN - 673014.
5 THE ADMINISTRATIVE COMMITTEE,
PALAZHI KSHEEROLPADAKA SAHAKARANA SANGAM LTD. NO.D
66, (D) APCOS, REPRESENTED BY ITS CONVENER,
GURUVAYURAPPAN COLLEGE P.O., PALAZHI, KOZHIKODE
DISTRICT, PIN - 673014.
6 THE DEPUTY DIRECTOR,
DAIRY DEVELOPMENT OFFICE, CIVIL STATION P.O.,
KOZHIKODE DISTRICT, PIN - 673020.
7 ADDL.R7: THE PART TIME ADMINISTRATOR,
THE PALAZHI KSHEEROLPADAKA SAHAKARANA SANGAM LTD.
NO.D 66, (D) APCOS,
GURUVAYURAPPAN COLLEGE P.O., PALAZHI,
KOZHIKODE DISTRICT, PIN - 673014.
ADDL.R7 IS SUO MOTU IMPLEADED AS PER ORDER DATED
15.12.2025 IN W.P(C)NO.12974/2025
BY ADVS.
SHRI.PRASHANTH KUMAR G.C.
SRI.R.SUDHISH
SMT.M.MANJU
SRI. C.M NAZAR (SC)
SMT. SILPA N.P (GP)
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
15.12.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) NO. 12974 OF 2025
3
2025:KER:96497
JUDGMENT
The petitioners are members of the 4 th respondent Society.
The 4th respondent is a Anand Pattern Co-operative Society which has
been functional from 1960. Pursuant to an election held on 25.03.2025
to the Managing Committee of the 4th respondent Society, six persons
including the petitioners were elected. The Managing Committee of the
4th respondent Society consists of nine members and there were no
candidates to contest for the remaining three posts. Immediately after
the election, two of the elected candidates submitted their resignation,
as a result of which, the Managing Committee could not function for
lack of quorum.
2. The 6th respondent proceeded to appoint an
administrative committee consisting of persons, who according to the
petitioners, were not even on the voters list of the 4th respondent
Society, prompting the petitioners to approach this Court by filing the
above writ petition. On 28.03.2025, this Court found that the 6 th
respondent had not exercised his jurisdiction to appoint an
Administrative Committee in a proper manner and in accordance with
the law laid down by this Court in Gopakumaran Nair T v.
Rassalpuram Ksheerolpadaka Sahakarana Sangam Ltd. [2024 KHC
1150] and also in the judgment of this Court in W.P(C)No.905 of 2014
WP(C) NO. 12974 OF 2025
2025:KER:96497
and therefore, directed that the Part Time Administrator, who was in
charge of the affairs of the Society, immediately prior to the holding of
the election, shall continue in office. Accordingly, the Part Time
Administrator, who was in office immediately prior to the holding of
election on 25.03.2025 is presently administering the affairs of the 4 th
respondent Society.
3. Having heard the learned counsel appearing for the
petitioners, the learned Government Pleader appearing for the official
respondents and Sri.C.M.Nazar, the learned counsel appearing for the
State Co-operative Election Commission and the learned counsel
appearing for the 5th respondent, I am of the opinion that in the facts
and circumstances of this case, the proper course of action would be to
direct the additional 7th respondent to pass the necessary resolution for
holding fresh elections to the Managing Committee of the 4 th
respondent Society and further directing the State Co-operative
Election Commission to take steps to hold the elections without undue
delay.
Accordingly, this writ petition will stand disposed of directing
the additional 7th respondent to pass the necessary resolution for
holding elections to the Managing Committee of the 4th respondent
Society, within a period of one month from the date of receipt of a
WP(C) NO. 12974 OF 2025
2025:KER:96497
certified copy of this judgment and to forward the same to the State
Co-operative Election Commission. The State Co-operative Election
Commission shall thereafter take steps to hold elections to the
Managing Committee of the 4th respondent Society without any further
delay and in a manner that the elections can be conducted at the
earliest strictly in compliance with the statutory rules. It is made clear
that the interim arrangement whereby the Part Time Administrator
holding office immediately prior to the holding of the election on
25.03.2025 was directed to continue in Administration of the 4 th
respondent Society will continue till the elections are held in the
manner directed above.
The writ petition is ordered accordingly.
Sd/-
GOPINATH P.
JUDGE
DK
WP(C) NO. 12974 OF 2025
2025:KER:96497
APPENDIX OF WP(C) NO. 12974 OF 2025
PETITIONER EXHIBITS
Exhibit-P1 A TRUE COPY OF THE NOTIFICATION
NO.E(1)3664/2024/S.C.E.C DATED 06-09-2024
ISSUED BY THE 3RD RESPONDENT
Exhibit-P2 A TRUE COPY OF THE COMMUNICATION
NO.E(1)3664/ 2024/S.C.E.C DATED 04-10-
2024 ISSUED BY THE 3RD RESPONDENT
Exhibit-P3 A TRUE COPY OF THE ORDER
NO.DDKZD/698/2024-CC DATED 17-10-2024
ISSUED BY THE 4TH RESPONDENT
Exhibit-P4 A TRUE COPY OF THE INTERIM ORDER DATED
16-01-2025 IN WP(C) NO.40234 OF 2024
Exhibit-P5 A TRUE COPY OF THE ELECTION NOTIFICATION
NO.E(1)415/2025/S.C.E.C DATED 05-02-2025
Exhibit-P5(a) A TRUE COPY OF THE VOTERS LIST DATED 03-
03-2025 ALONG WITH TYPED COPY
Exhibit-P6 A TRUE COPY OF THE JUDGEMENT DATED 11-02-
2025 IN WP(C) NO.40234 OF 2024
Exhibit-P7 A TRUE COPY OF THE JUDGEMENT DATED 24-03-
2025 IN WP(C) NO.11772 OF 2025
Exhibit-P8 A TRUE COPY OF THE PROCEEDINGS OF THE 1ST
RESPONDENT DATED 26-03-2025
Exhibit-P9 A TRUE COPY OF THE REPRESENTATION DATED
NIL SUBMITTED BY PETITIONERS BEFORE THE
1ST RESPONDENT
Exhibit-P9(a) A TRUE COPY OF THE REPRESENTATION DATED
26-03-2025 SUBMITTED BY THE 1ST
PETITIONER BEFORE THE 6TH RESPONDENT,
WITH THE ACKNOWLEDGEMENT OF THE 6TH
RESPONDENT
Exhibit P10 A TRUE COPY OF THE ORDER BEARING NUMBER
DDKZD/698/2024-CC DATED 26-03-2025
