Kerala High Court

V.M. Chandran vs The State Co-Operative Election ... on 17 February, 2025

Author: Murali Purushothaman

Bench: Murali Purushothaman

W.P(C) 45303-24           :1:



                                               2025:KER:12937
            IN THE HIGH COURT OF KERALA AT ERNAKULAM

                            PRESENT

         THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN

 MONDAY, THE 17TH DAY OF FEBRUARY 2025 / 28TH MAGHA, 1946

                    WP(C) NO. 45303 OF 2024

PETITIONER:

            V.M. CHANDRAN, AGED 62 YEARS
            S/O. KANARAN, VADAKKEMUYYOTTCHALIL,
            VATTOLI P.O., KAKKATTIL,
            KOZHIKKODE DISTRICT, PIN - 673507


            BY ADVS.
            NISHA GEORGE
            GEORGE POONTHOTTAM (SR.)
            ANSHIN K.K



RESPONDENTS:

     1      THE STATE CO-OPERATIVE ELECTION COMMISSION
            3RD FLOOR, CO BANK TOWERS, VIKAS BHAVAN P.O.,
            THIRUVANANTHAPURAM,
            REPRESENTED BY ITS SECRETARY - 695033

     2      THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES
            (GENERAL), KOZHIKODE
            OFFICE OF THE JOINT REGISTRAR OF CO-OPERATIVE
            SOCIETIES, SAHAKARANA BHAVAN, PUTHIYARA,
            KOZHIKODE, PIN - 673004

     3      THE ASSISTANT REGISTRAR (GENERAL) OF CO-
            OPERATIVE SOCIETIES, VADAKARA
            OFFICE OF THE ASSISTANT REGISTRAR OF CO-
            OPERATIVE SOCIETIES, MINI CIVIL STATION,
            VADAKARA, KOZHIKODE DISTRICT, PIN - 673101
 W.P(C) 45303-24               :2:



                                                       2025:KER:12937
     4          THE ADMINISTRATIVE COMMITTEE
                VADAKARA AGRICULTURAL RURAL DEVELOPMENT BANK LTD
                NO.1857, KAKKATTIL, VADAKARA TALUK,
                KOZHIKKODE DISTRICT,
                REPRESENTED BY ITS CONVENER - 673507

     5          VADAKARA AGRICULTURAL RURAL DEVELOPMENT BANK LTD
                NO.1857
                KAKKATTIL, VADAKARA TALUK, KOZHIKKODE DISTRICT,
                REPRESENTED BY ITS SECRETARY, PIN - 673507


                R1     BY SRI.C.M.NAZAR,SC
                R2 & 3 BY SPL.GP SRI.P.P.THAJUDEEN
                R4 &5 BY SRI.P.D.SUBRAHMANIAN NAMPOOTHIRI


         THIS    WRIT   PETITION    (CIVIL)   HAVING   COME    UP    FOR
ADMISSION        ON   17.02.2025,   THE   COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
 W.P(C) 45303-24            :3:



                                                2025:KER:12937




                       JUDGMENT

The petitioner is a member of the 5 th

respondent Co-operative Society ('Society' for

brevity). The term of the Managing Committee of

the Society expired on 07.08.2024. While in office,

the Committee passed a resolution in terms of Rule

35A (1) of the Kerala Co-operative Societies Rules,

1969 (for short, 'the KCS Rules') fixing the date,

time and place for the conduct of election to the

new Managing Committee. The election was

scheduled for 28.07.2024 and the venue fixed was

the Nadapuram Grama Panchayat Indoor Stadium.

Pursuant thereto, the State Co-operative Election

Commission (for short 'the Commission'), by Ext. P1

notification, notified the poll to the Managing W.P(C) 45303-24 :4:

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Committee on 28.07.2024, fixing the venue at

Nadapuram Grama Panchayat Indoor Stadium.

2. While so, one of the Directors of the Society

filed W.P.(C) No.23479 of 2024 challenging the

Constitutional validity of the Kerala Co-operative

Societies (Amendment) Act, 2023 (Act 9 of 2024)

amending the Kerala Co-operative Societies Act,

1969 (hereinafter referred to as 'the KCS Act').

Aggrieved by the rejection of interim prayer, he

preferred W.A. No.974 of 2024 which was disposed

of by Ext. P2 judgment directing the Commission to

defer the election process for a period of 30 days

from the date of notification of election. By the time

Ext. P2 judgment was passed, the election process

had commenced and final voters list was published

on 06.07.2024. Since the term of the Committee W.P(C) 45303-24 :5:

2025:KER:12937

was to expire on 07.08.2024, the petitioner filed

W.P.(C) No.27406 of 2024 for direction to the 2 nd

respondent to appoint a 3 member Administrative

Committee consisting of existing elected President,

Vice President and Member of the Central Bank

(Director of the Society). The said writ petition was

disposed of directing that any Administrative

Committee to be constituted in respect of the

Society shall be strictly as per Section 33 of the

KCS Act. However, the 2nd respondent issued Ext.

P4 order constituting an Administrative Committee

consisting of 2 ordinary members and one

Managing Committee member of the Society.

3. This Court, in Babu K. Korah v. State of

Kerala [2024 KHC 7072], declared Section 28(2A)

added to the Kerala Co-operative Societies Act, W.P(C) 45303-24 :6:

2025:KER:12937

1969 by Act 9 of 2024 as unconstitutional.

Challenge against other amendments brought out

by Act 9 of 2024 was repelled.

4. According to the petitioner, after the

decision in Babu K. Korah (supra), it is now

obligatory on the part of the Administrative

Committee to adopt resolution to conduct the

election to the Managing Committee from the stage

at which the election was directed to be deferred.

However, no such resolution was taken by the

Administrative Committee. The petitioner,

therefore, submitted Ext. P5 representation before

respondents 2 and 4 requesting to resume the

election process from where it was stopped and to

fix the polling at the same venue as notified in Ext.

P1.

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                                           2025:KER:12937

5. In the meanwhile, the Commission issued

Ext. P6 order directing the 3 rd respondent, the

Assistant Registrar to take steps to conduct election

to the Managing Committee of the Society. It is

stated that the Assistant Registrar and the

Administrative Committee are sleeping over the

direction issued by the Commission for facilitating

the continuance of the administration by the

Administrative Committee.

6. According to the petitioner, the election has

to be resumed from the stage at which it was

stopped and by fixing the venue of polling as

notified in Ext. P1 notification. The petitioner refers

to Ext. P7 judgment wherein this Court has issued a

direction to notify the election from the stage at

which it was stopped. Aggrieved by the inaction on W.P(C) 45303-24 :8:

2025:KER:12937

the part of the Joint Registrar and the

Administrative Committee to take steps to conduct

election to the Managing Committee of the Society

from the stage at which it was stopped, and by

fixing the venue of polling as notified in Ext.P1, the

petitioner has filed this writ petition.

7. The petitioner has filed an interlocutory

application stating that, during the pendency of the

writ petition, the Joint Registrar, in response to

Ext. P5 representation, issued Ext. P10 proceedings

directing the Administrative Committee to adopt a

resolution fixing the date, time, and place for the

conduct of the election to the Managing Committee

immediately upon receipt of the said proceedings

and to forward the same to the Commission. Ext.

P10 further states that, due to serious complaints W.P(C) 45303-24 :9:

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regarding the current election venue, the

Administrative Committee must ensure that

Government schools or other public institutions

convenient for the voters are selected. The term of

the Administrative Committee was extended by two

months from 08.02.2025.

8. A statement has been filed by the 4 th

respondent, the Administrative Committee. It is

stated that the Commission issued Ext. P3 notice of

adjournment of election on 17.07.2024, the day

notified for scrutiny of nominations. It is contended

that Ext. P1 election notification is in violation of

the new amendment to Section 28(1CA) which

came into effect from 07.06.2024 by which two

seats in the Managing Committee of each Society

shall be reserved for members who shall not exceed W.P(C) 45303-24 : 10 :

2025:KER:12937

the age of 40 years on the date of filing the

nominations. It is stated that Ext. P1 notification

stipulates only one post for the category under the

age of 40 years and therefore, Ext. P1 cannot be

continued. It is further stated that after the

resolution dated 17.05.2024 for election and before

the Administrative Committee took charge on

08.08.2024, 84 persons were enrolled as members

by the erstwhile Managing Committee headed by

the petitioner. Out of them, 38 members are not

included in the final voters list. If the election is to

be continued pursuant to Ext. P1 notification, these

members will not be able to cast their votes or

contest the election. It is stated that, in the present

case, the election has been adjourned for more than

seven months due to the intervention of the Court, W.P(C) 45303-24 : 11 :

2025:KER:12937

and the situation is not similar to that in Ext. P7

judgment. As regards the venue of election, it is

stated that the venue fixed as per Ext. P1 is 6 kms.

away from the Head Quarters of the Society.

Fifteen polling booths are to be created by

temporary fencing and partitions and rooms for

officials are to be included and the Indoor Stadium

referred to in Ext. P1 is not convenient for polling.

It is further stated that certain schools which are

regular polling booths for the general elections will

be considered while adopting fresh resolution for

election.

9. A counter affidavit has been filed by the 2 nd

respondent, Joint Registrar, stating that the date

and venue of polling has to be decided by the

Administrative Committee in terms of Rule 35A of W.P(C) 45303-24 : 12 :

2025:KER:12937

the KCS Rules. It is further stated that Ext. P1

notification is defective since it is not issued in

terms of the provisions of the KCS Act inasmuch as

the seat from general category under 40 years is

not notified.

10. Heard Sri. George Poonthottam, the

learned senior counsel for the petitioner, Sri. C.M.

Nazar, the learned standing counsel for the 1 st

respondent, Sri. P.P. Thajudheen, the learned

Special Government Pleader for respondents 2 and

3 and Sri. P.D. Subramanian Namboodiri, the

learned counsel for respondents 4 and 5.

11. It is trite that, ordinarily, the halted

election process must be continued from the stage

at which it was stopped. The election notified by

the Commission vide Ext. P1 scheduling the poll for W.P(C) 45303-24 : 13 :

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28.07.2024 had to be halted in view of the direction

in Ext. P2 judgment to defer the election process

for a period of 30 days from the date of the election

notification. More than seven months have elapsed

since the election was postponed. Ext. P1

notification is dated 25.06.2024. The State

Legislature enacted the Kerala Co-operative

Societies (Amendment) Act, 2023 (Act 9 of 2024),

amending the Kerala Co-operative Societies Act,

1969 addressing various aspects of co-operative

institutions, including the reservation of seats

under Section 28 of the Act. By Act 9 of 2024, sub-

section 1CA was inserted to Section 28 of the KCS

Act w.e.f 07.06.2024 by which two seats in the

Managing Committee of each society shall be

reserved for members who shall not exceed the age W.P(C) 45303-24 : 14 :

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of 40 years on the date of filing the nominations. In

Ext. P1 notification dated 25.06.2024, only one seat

is reserved for the category under the age of 40

years. In the absence of any compelling reasons to

the contrary, any election held after the

introduction of sub-section 1CA to Section 28 must

conform to that Section. Ext. P1 notification is not

in conformity with the amended provision.

Therefore, I hold that the election process cannot

be continued in terms of Ext. P1 notification. The

Administrative Committee in charge of the affairs of

the Society is directed to take a resolution fixing

the date, time and place of election as required

under Rule 35A of the KCS Rules, within two weeks

of receipt of a copy of this judgment and forward

the same to the Commission. On receipt of the W.P(C) 45303-24 : 15 :

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resolution, the Commission shall forthwith take

further steps and issue fresh notification for the

conduct of the election in accordance with the KCS

Act and Rules in force.

12. As regards the venue for conduct of

election, in terms of Rule 35A (1) of the KCS Rules,

the venue has to be fixed by the Committee. If an

Administrative Committee is in charge of the affairs

of the Society, then it is for the Administrative

Committee to fix the date, time and place for the

conduct of election. The place fixed for poll is

termed as polling station. The KCS Act and Rules do

not prescribe any norms for polling station. The

polling stations shall be convenient to the voters as

well as the electoral administration. Since I have

already directed the Administrative Committee of W.P(C) 45303-24 : 16 :

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the Society to take a resolution fixing the date, time

and place for the conduct of the election as

required under Rule 35A of the Rules, the place of

election shall be fixed by the Administrative

Committee keeping in mind the convenience of the

voters and the election machinery.

With these directions and observations, the

writ petition is disposed of.

Sd/-

                  MURALI PURUSHOTHAMAN
                           JUDGE

SB
 W.P(C) 45303-24              : 17 :



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                              APPENDIX


PETITIONER EXHIBITS

Exhibit P1        TRUE   COPY    OF   THE    NOTIFICATION NO.

01/440/2024/E(1) S.C.E.C DATED 25.06.2024 ISSUED BY THE 1ST RESPONDENT

Exhibit P2 TRUE COPY OF THE JUDGMENT DATED 11.07.2024 IN W.A. NO. 974 OF 2024 PASSED BY THIS HON'BLE COURT

Exhibit P3 TRUE COPY OF THE ORDER NO.

E1/1679/2024/S.C.E.C DATED 17.07.2024 ISSUED BY THE 1ST RESPONDENT

Exhibit P4 TRUE COPY OF THE ORDER NO. S.C.T 1552/2024 DATED 07.08.2024 ISSUED BY THE 2ND RESPONDENT

Exhibit P5 TRUE COPY OF THE REPRESENTATION DATED 19.11.2024 SUBMITTED BY THE PETITIONER BEFORE THE 2ND AND 4TH RESPONDENTS

Exhibit P6 TRUE COPY OF THE ORDER NO.

E1/1679/2024/S.C.E.C DATED 21.11.2024 ISSUED BY THE 1ST RESPONDENT.

Exhibit P7 TRUE COPY OF THE JUDGMENT DATED 19.11.2024 IN W.P.(C)NO. 40575 OF 2024 PASSED BY THIS HON'BLE COURT

Exhibit P8 TRUE COPY OF THE ORDER DATED 10.01.2025 ISSUED BY THE 2ND RESPONDENT

Exhibit P9 TRUE PHOTOGRAPHS OF THE NADAPURAM INDOOR STADIUM

Exhibit P10 TRUE COPY OF THE ORDER NO. SCT 2331/2024 DATED 14.01.2025 PASSED BY THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES, KOZHIKKODE W.P(C) 45303-24 : 18 :