Kerala High Court
State Of Kerala vs Jayaraj S B on 28 May, 2025
Author: Amit Rawal
Bench: Amit Rawal
2025:KER:38198
WA NO. 12 OF 2025 and conctd. cases 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE AMIT RAWAL
&
THE HONOURABLE MR.JUSTICE K. V. JAYAKUMAR
WEDNESDAY, THE 28TH DAY OF MAY 2025 / 7TH JYAISHTA, 1947
WA NO. 12 OF 2025
AGAINST THE JUDGMENT DATED 30.10.2024 IN WP(C) NO.21531 OF
2024 OF HIGH COURT OF KERALA
APPELLANT(S)/RESPONDENT IN WP(C):
STATE OF KERALA
REPRESENTED BY THE CHIEF SECRETARY, GOVERNMENT
SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001
BY SRI. K.GOPALAKRISHNA KURUP (AG)
SRI. T.K VIPINDAS (SR.GP)
SRI. P.P THAJUDEEN (SPL.GP)
SRI. N.MANOJ KUMAR (STATE ATTORNEY)
SRI. IMAM GRIGORIOUS KARAT (GOVT. PLEADER)
RESPONDENT(S)/PETITIONERS & RESPONDENTS 2 IN WP(C):
1 JOE THOMAS
AGED 51 YEARS
S/O. THOMAS P.J., PRESIDENT, NEDUMKUNNAM SERVICE CO-
OPERATIVE BANK LTD. NO. 1301, NEDUMKUNNAM P.O.,
KOTTAYAM DISTRICT, RESIDING AT PAIKADU HOUSE,
NEDUMKUNNAM P.O., KOTTAYAM DISTRICT, PIN - 686542
2 JAMES JOSEPH
AGED 60 YEARS
S/O. JOSEPH, MEMBER NO. 6145, NEDUMKUNNAM SERVICE CO-
OPERATIVE BANK LTD. NO. 1301, NEDUMKUNNAM P.O.,
KOTTAYAM DISTRICT, RESIDING AT CHERUSSERIL HOUSE,
MANTHURUTHY P.O., KOTTAYAM DISTRICT, PIN - 686542
2025:KER:38198
WA NO. 12 OF 2025 and conctd. cases 2
3 THE STATE CO-OPERATIVE ELECTION COMMISSION
3RD FLOOR, CO BANK TOWERS, VIKAS BHAVAN P.O.,
THIRUVANANTHAPURAM, REPRESENTED BY ITS SECRETARY, PIN -
695033
SRI. C.M NAZAR FOR R3
THIS WRIT APPEAL HAVING BEEN HEARD ON 28.05.2025, ALONG WITH
WA.16/2025, 20/2025 AND CONNECTED CASES, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
2025:KER:38198
WA NO. 12 OF 2025 and conctd. cases 3
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE AMIT RAWAL
&
THE HONOURABLE MR.JUSTICE K. V. JAYAKUMAR
WEDNESDAY, THE 28TH DAY OF MAY 2025 / 7TH JYAISHTA, 1947
WA NO. 16 OF 2025
AGAINST THE JUDGMENT DATED 30.10.2024 IN WP(C) NO.25896 OF
2024 OF HIGH COURT OF KERALA
APPELLANT(S)/1ST RESPONDENT IN WP(C):
STATE OF KERALA
REPRESENTED BY THE CHIEF SECRETARY, GOVERNMENT OF
KERALA, SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001
BY SRI. K.GOPALAKRISHNA KURUP (AG)
SRI. T.K VIPINDAS (SR.GP)
SRI. P.P THAJUDEEN (SPL.GP)
SRI. N.MANOJ KUMAR (STATE ATTORNEY)
SRI. IMAM GRIGORIOUS KARAT (GOVT. PLEADER)
RESPONDENT(S)/PETITIONER & 2ND RESPONDENT IN WP(C):
1 JAYARAJ S B
AGED 55 YEARS
S/O. BHASKARAN NAIR, SREENILAYAM, WEST VELIYATH NADU
P.O, ALUVA, ERNAKULAM, PIN - 683511
2 THE STATE CO- OPERATIVE ELECTION COMMISSION
THIRD FLOOR, CO-OPERATIVE BANK TOWERS, VIKAS BHAVAN
P.O, THIRUVANANTHAPURAM REPRESENTED BY ITS SECRETARY,,
PIN - 695033
SRI. C.M NAZAR FOR R2
THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 28.05.2025,
ALONG WITH WA.12/2025 AND CONNECTED CASES, THE COURT ON THE SAME
DAY DELIVERED THE FOLLOWING:
2025:KER:38198
WA NO. 12 OF 2025 and conctd. cases 4
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE AMIT RAWAL
&
THE HONOURABLE MR.JUSTICE K. V. JAYAKUMAR
WEDNESDAY, THE 28TH DAY OF MAY 2025 / 7TH JYAISHTA, 1947
WA NO. 20 OF 2025
AGAINST THE JUDGMENT DATED 30.10.2024 IN WP(C) NO.26270 OF
2024 OF HIGH COURT OF KERALA
APPELLANT(S)/RESPONDENTS IN WP(C):
1 STATE OF KERALA
REPRESENTED BY THE CHIEF SECRETARY TO GOVERNMENT
SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001
2 REGISTRAR OF CO-OPERATIVE SOCIETIES,
OFFICE OF THE REGISTRAR OF CO-OPERATIVE SOCIETIES,
JAWAHAR SAHAKARANA BHAVAN, DPI JUNCTION, THYCAUD P.O.,
THIRUVANANTHAPURAM, PIN - 695014
BY SRI. K.GOPALAKRISHNA KURUP (AG)
SRI. T.K VIPINDAS (SR.GP)
SRI. P.P THAJUDEEN (SPL.GP)
SRI. N.MANOJ KUMAR (STATE ATTORNEY)
SRI. IMAM GRIGORIOUS KARAT (GOVT. PLEADER)
RESPONDENT(S)/PETITIONERS & RESPONDENTS 2-4 IN WP(C):
1 A.SASISEKHARAN NAIR
AGED 67 YEARS
(MEMBER NO.3164), CHARUVILA PUTHEN VEEDU, PRASANTH
BHAVAN, CHOWARA, CHOWARA P.O., THIRUVANANTHAPURAM,
PRESIDENT, KOTTUKAL SERVICE CO-OPERATIVE BANK LTD. NO.T
196, HEAD OFFICE, PUNNAKULAM, KOTTUKAL P.O.,
THIRUVANANTHAPURAM,, PIN - 695501
2 R.MANIKANTAN NAIR
AGED 68 YEARS
(MEMBER NO.4327), VAISAKHAM, CHAPPATH, KOTTUKAL P.O.,
THIRUVANANTHAPURAM, MEMBER, BOARD OF DIRECTORS,
KOTTUKAL SERVICE CO-OPERATIVE BANK LTD. NO.T 196, HEAD
OFFICE, PUNNAKULAM, KOTTUKAL P.O., THIRUVANANTHAPURAM,
PIN - 695501
2025:KER:38198
WA NO. 12 OF 2025 and conctd. cases 5
3 SARALA KUMARI D
AGED 68 YEARS
(MEMBER NO.5158), KUMARI SADANAM, PAYATTUVILA,
PAYATTUVILA P.O., THIRUVANANTHAPURAM, MEMBER, BOARD OF
DIRECTORS, KOTTUKAL SERVICE CO-OPERATIVE BANK LTD. NO.T
196, HEAD OFFICE, PUNNAKULAM, KOTTUKAL P.O.,
THIRUVANANTHAPURAM, PIN - 695501
4 SREEKUMAR K.,
AGED 61 YEARS
(MEMBER NO.5077), VIJAYALEKSHMI VILASOM, VELENTEVILA,
KOTTUKAL, KOTTUKAL P.O., THIRUVANANTHAPURAM, MEMBER,
BOARD OF DIRECTORS, KOTTUKAL SERVICE CO-OPERATIVE BANK
LTD. NO.T 196, HEAD OFFICE, PUNNAKULAM, KOTTUKAL P.O.,
THIRUVANANTHAPURAM, PIN - 695501
5 SURESH KUMAR M.R.
AGED 59 YEARS
(MEMBER NO.5685), ROHINI NIVAS, VENGAMPOTTA, KAZHIVOOR
P.O.,THIRUVANANTHAPURAM, MEMBER, BOARD OF DIRECTORS,
KOTTUKAL SERVICE CO-OPERATIVE BANK LTD. NO.T 196, HEAD
OFFICE, PUNNAKULAM, KOTTUKAL P.O., THIRUVANANTHAPURAM,
PIN - 695526
6 AMBIKA V.
AGED 62 YEARS
(MEMBER NO.2754), VAZHAVILA VEEDU, CHAPPATH, KOTTUKAL
P.O., THIRUVANANTHAPURAM, MEMBER, BOARD OF DIRECTORS,
KOTTUKAL SERVICE CO-OPERATIVE BANK LTD. NO.T 196, HEAD
OFFICE, PUNNAKULAM, KOTTUKAL P.O., THIRUVANANTHAPURAM,
PIN - 695501
BY ADVS.
SRI.S.P.ARAVINDAKSHAN PILLAY
SMT.N.SANTHA
SRI.V.VARGHESE
SHRI.PETER JOSE CHRISTO
SRI.S.A.ANAND
THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 28.05.2025,
ALONG WITH WA.12/2025 AND CONNECTED CASES, THE COURT ON THE SAME
DAY DELIVERED THE FOLLOWING:
2025:KER:38198
WA NO. 12 OF 2025 and conctd. cases 6
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE AMIT RAWAL
&
THE HONOURABLE MR.JUSTICE K. V. JAYAKUMAR
WEDNESDAY, THE 28TH DAY OF MAY 2025 / 7TH JYAISHTA, 1947
WA NO. 21 OF 2025
AGAINST THE JUDGMENT DATED 30.10.2024 IN WP(C) NO.22638 OF
2024 OF HIGH COURT OF KERALA
APPELLANT(S)/RESPONDENTS 1 TO 3 IN WP(C):
1 STATE OF KERALA
REPRESENTED BY CHIEF SECRETARY, SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
2 THE STATE OF KERALA
REPRESENTED BY SECRETARY TO GOVERNMENT, CO-OPERATIVE
DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM, PIN -
695001
3 THE REGISTRAR OF CO-OPERATIVE SOCIETIES
DEPARTMENT OF CO-OPERATION, OFFICE OF THE REGISTRAR OF
CO-OPERATIVE SOCIETIES, JAWAHAR SAHAKARANA BHAVAN, DPI
JUNCTION, THYCAUD P.O.,THIRUVANANTHAPURAM, PIN - 695014
BBY SRI. K.GOPALAKRISHNA KURUP (AG)
SRI. T.K VIPINDAS (SR.GP)
SRI. P.P THAJUDEEN (SPL.GP)
SRI. N.MANOJ KUMAR (STATE ATTORNEY)
SRI. IMAM GRIGORIOUS KARAT (GOVT. PLEADER)
RESPONDENT(S)/PETITIONERS & RESPONDENTS 2-4 IN WP(C):
1 JOHNSON.K
AGED 83 YEARS
PRESIDENT, NARUVAMOODU SERVICE CO-OPERATIVE BANK LTD,
RESIDING AT NELLIVILAYIL, VELLAPPALLY, NARUVAMOOD P.O,
THIRUVANANTHAPURAM, PIN - 695528
2025:KER:38198
WA NO. 12 OF 2025 and conctd. cases 7
2 K.R.CHANDRAN
AGED 78 YEARS
PRESIDENT, VIYYUR SERVICE CO-OPERATIVE BANK LTD NO.177,
VIYYUR, P.O., THRISSUR RESIDING AT KARANATH HOUSE,
VIYYUR, THRISSUR., PIN - 680010
3 A.K.RADHAKRISHNAN
AGED 63 YEARS
MANAGING COMMITTEE MEMBER, VIYYUR SERVICE CO-OPERATIVE
BANK LTD NO.177, RESIDING AT ALOOPARAMBIL HOUSE,
VIYYUR, P.O., THRISSUR, PIN - 680010
4 SHANAVAS.V.K
AGED 59 YEARS
KADUNGALLUR SCB LTD.NO.863, WEST KADUNGALLUR, RESIDING
AT VELLUKUZHI HOUSE, WEST KADUNGALLUR, PIN - 683110
5 JOHN BRITTO.P.G
AGED 49 YEARS
PRESIDENT, AMBALAPPUZHA THALUK AIDED SECONDARY SCHOOL
EMPLOYEES' CO-OPERATIVE BANK LTD.NO.A-338, ALAPPUZHA,
RESIDING AT VADAKKAL, ALAPPUZHA, PIN - 688011
6 I.K.GOVINDAN
AGED 79 YEARS
PRESIDENT, LOKAMALESWARAM SERVICE CO-OPERATIVE BANK
LTD.249, RESIDING AT ITTITHARA HOUSE, LOKAMALESWARAM,
KODUNGALLUR, THRISSUR, PIN - 683110
7 MURALEEDHARAN.K.G
AGED 73 YEARS
PRESIDENT, PULLOOT SERVIICE CO-OPERATIVE BANK 611,
PULLUT P.O, KODUNGALLUR, THRISSUR, RESIDING AT KUNNATHU
SANKARANARAYANEEYAM, KODUNGALLUR, THRISSUR, PIN -
680663
8 ITTOOP IYNIKKADAN
AGED 69 YEARS
PRESIDENT, WEST CHALAKUDY SERVICE CO-OPERATIVE BANK
LTD.NO.R.262, P.O.CHALAKUDY, THRISSUR ,RESIDING AT
IYINIKKADAN HOUSE, WEST CHALAKKUDY P.O, THRISSUR., PIN
- 680307
9 RETURNING OFFICER / UNIT INSPECTOR TO VIYYUR SERVICE
CO-OPERATIVE BANK
KOLAZHI, OFFICE OF THE ASSISTANT REGISTRAR OF CO-
OPERATIVE SOCIETIES (GENERAL), THRISSUR, PIN - 680003
0 RETURNING OFFICER / (ALANGAD UNIT INSPECTOR) TO
KADUNGALLUR SERVICE CO-OPERATIVE BANK
OFFICE OF THE ASSISTANT REGISTRAR OF CO-OPERATIVE
SOCIETIES (GENERAL), N.PARAVUR, PIN - 683513
2025:KER:38198
WA NO. 12 OF 2025 and conctd. cases 8
11 THE STATE CO-OPERATIVE ELECTION COMMISSION, REPRESENTED
BY ELECTION COMMISSIONER
3RD FLOOR, CO-BANK TOWERS, PALAYAM, VIKAS BHAVAN P.O.,
THIRUVANANTHAPURAM, PIN - 695033
SRI. C.M NAZAR FOR R11
THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 28.05.2025,
ALONG WITH WA.12/2025 AND CONNECTED CASES, THE COURT ON THE SAME
DAY DELIVERED THE FOLLOWING:
2025:KER:38198
WA NO. 12 OF 2025 and conctd. cases 9
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE AMIT RAWAL
&
THE HONOURABLE MR.JUSTICE K. V. JAYAKUMAR
WEDNESDAY, THE 28TH DAY OF MAY 2025 / 7TH JYAISHTA, 1947
WA NO. 23 OF 2025
AGAINST THE JUDGMENT DATED 30.10.2024 IN WP(C) NO.22656 OF
2024 OF HIGH COURT OF KERALA
APPELLANT(S)/RESPONDENTS 1 TO 3 IN WP(C):
1 STATE OF KERALA
REPRESENTED BY THE SECRETARY TO GOVERNMENT, CO-
OPERATION (C) DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
2 THE REGISTRAR OF CO-OPERATIVE SOCIETIES
JAWAHAR SAHAKARANA BHAVAN, DPI JUNCTION, THYCAUD P.O,
THIRUVANANTHAPURAM, PIN - 695014
3 THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL)
ALAPPUZHA, MULLAKKAL, ALAPPUZHA DISTRICT, PIN - 688011
BBY SRI. K.GOPALAKRISHNA KURUP (AG)
SRI. T.K VIPINDAS (SR.GP)
SRI. P.P THAJUDEEN (SPL.GP)
SRI. N.MANOJ KUMAR (STATE ATTORNEY)
SRI. IMAM GRIGORIOUS KARAT (GOVT. PLEADER)
RESPONDENT(S)/PETITIONERS & RESPONDENTS 4 TO 7 IN WP(C):
1 VENUGOPAL T.M
AGED 69 YEARS
S/O.K.K.MADHAVAN PILLAI, THEKKEMAYALIL, MULAKUZHA P.O,
CHENGANNUR, ALAPPUZHA DISTRICT, PIN - 689505
2 SANTHOSH S.
AGED 62 YEARS
S/O.T.K.SREEDHARAN, SANTHOSH BHAVAN, KARAKKAD P.O,
MULAKUZHA, KARAKKAD, ALAPPUZHA DISTRICT, PIN - 689504
2025:KER:38198
WA NO. 12 OF 2025 and conctd. cases 10
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 ELECTORAL OFFICER
MULAKUZHA SERVICE CO-OPERATIVE BANK LTD. NO.1224,
(ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES
(GENERAL), CHENGANNUR, ALAPPUZHA DISTRICT, PIN - 689121
5 RETURNING OFFICER
MULAKUZHA SERVICE CO-OPERATIVE BANK LTD. NO.1224, (UNIT
INSPECTOR, CHENGANNUR, OFFICE OF THE ASSISTANT
REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL),
CHENGANNUR, ALAPPUZHA DISTRICT), PIN - 689121
6 THE MULAKUZHA SERVICE CO-OPERATIVE BANK LTD. NO.1224
REPRESENTED BY ITS SECRETARY, MULAKUZHA P.O,
CHENGANNUR, ALAPPUZHA DISTRICT, PIN - 689505
SRI. C.M NAZAR FOR R3
THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 28.05.2025,
ALONG WITH WA.12/2025 AND CONNECTED CASES, THE COURT ON THE SAME
DAY DELIVERED THE FOLLOWING:
2025:KER:38198
WA NO. 12 OF 2025 and conctd. cases 11
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE AMIT RAWAL
&
THE HONOURABLE MR.JUSTICE K. V. JAYAKUMAR
WEDNESDAY, THE 28TH DAY OF MAY 2025 / 7TH JYAISHTA, 1947
WA NO. 24 OF 2025
AGAINST THE JUDGMENT DATED 30.10.2024 IN WP(C) NO.21368 OF
2024 OF HIGH COURT OF KERALA
APPELLANT(S)/1ST RESPONDENT IN WP(C):
STATE OF KERALA
REPRESENTED BY THE CHIEF SECRETARY, GOVERNMENT
SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001
BY SRI. K.GOPALAKRISHNA KURUP (AG)
SRI. T.K VIPINDAS (SR.GP)
SRI. P.P THAJUDEEN (SPL.GP)
SRI. N.MANOJ KUMAR (STATE ATTORNEY)
SRI. IMAM GRIGORIOUS KARAT (GOVT. PLEADER)
RESPONDENT(S)/PETITIONERS & RESPONDENTS 2 AND 3 IN WP(C)
1 BABU K. KORAH
AGED 64 YEARS
S/O. KORAH CHACKO, PRESIDENT, VIJAYAPURAM SERVICE CO-
OPERATIVE BANK LTD. NO. 4066, MANARCAD, KOTTAYAM
DISTRICT-686019, RESIDING AT KUTTIPPARAMBU, MANARCAD,
KOTTAYAM, PIN - 685019
2 SURESH KUMAR T.S
AGED 57 YEARS
S/O. SHARNGADHARAN, MEMBER, VIJAYAPURAM SERVICE CO-
OPERATIVE BANK LTD. NO. 4066, MANARCAD, KOTTAYAM
DISTRICT-686019, RESIDING AT THANNICKAL HOUSE, MANARCAD
P.O., KOTTAYAM DISTRICT
2025:KER:38198
WA NO. 12 OF 2025 and conctd. cases 12
3 THE RETURNING OFFICER/
UNIT INSPECTOR ETTUMANOOR, THE VIJAYAPURAM SERVICE CO-
OPERATIVE BANK LTD. NO. 4066, MANARCAD, KOTTAYAM
DISTRICT, PIN - 686019
4 THE STATE CO-OPERATIVE ELECTION COMMISSION
3RD FLOOR, CO BANK TOWERS, VIKAS BHAVAN P.O.,
THIRUVANANTHAPURAM, REPRESENTED BY ITS SECRETARY, PIN -
695033
SRI. C.M NAZAR FOR R4
THIS WRIT APPEAL HAVING BEEN HEARD ON 28.05.2025, ALONG WITH
WA.12/2025 AND CONNECTED CASES, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
2025:KER:38198
WA NO. 12 OF 2025 and conctd. cases 13
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE AMIT RAWAL
&
THE HONOURABLE MR.JUSTICE K. V. JAYAKUMAR
WEDNESDAY, THE 28TH DAY OF MAY 2025 / 7TH JYAISHTA, 1947
WA NO. 25 OF 2025
AGAINST THE JUDGMENT DATED 30.10.2024 IN WP(C) NO.22428 OF
2024 OF HIGH COURT OF KERALA
APPELLANT(S)/RESPONDENTS 1-3 IN WP(C):
1 STATE OF KERALA
REPRESENTED BY CHIEF SECRETARY, SECRETARIAT,
THIRUVANANTHAP URAM, PIN - 695001
2 THE SECRETARY TO GOVERNMENT
CO-OPERATIVE DEPARTMENT, T/C 25/357(4) GANDHARI AMMAN
KOVIL ROAD,STATU, 7TH FLOOR, AKSHARAMANDHIRAM, HEAD
POST OFFICE P.O THIRUVANANTHAPURAM, PIN - 695001
3 THE REGISTRAR OF CO-OPERATIVE SOCIETIES
DEPARTMENT OF CO-OPERATION, OFFICE OF THE REGISTRAR OF
CO-OPERATIVE SOCIETIES, JAWAHAR SAHAKARANA BHAVAN, DPI
JUNCTION, THYCAUD P.O., THIRUVANANTHAPURAM -, PIN -
695014
BY SRI. K.GOPALAKRISHNA KURUP (AG)
SRI. T.K VIPINDAS (SR.GP)
SRI. P.P THAJUDEEN (SPL.GP)
SRI. N.MANOJ KUMAR (STATE ATTORNEY)
SRI. IMAM GRIGORIOUS KARAT (GOVT. PLEADER)
RESPONDENT(S)/PETITIONERS AND 4TH RESPONDENT IN WP(C):
1 SHAJU K FRANCIS
AGED 48 YEARS, S/O P.D FRANCIS PRESIDENT, KURIACHIRA
SERVICE CO-OPERATIVE BANK LTD NO.637 KURIACHIRA
P.O,THRISSUR,, PIN - 680006
2025:KER:38198
WA NO. 12 OF 2025 and conctd. cases 14
2 BABU G KARIYATTI,
AGED 64 YEARS, S/O K.K. GEORGE KARIYATTI HOUSE,
CHIYARAM P.O, PIN-680026 MEMBER, KURIACHIRA SERVICE CO-
OPERATIVE BANK LTD NO.637 KURIACHIRA P.O, THRISSUR, PIN
- 680006
3 THE STATE CO-OPERATIVE ELECTION COMMISSION KERALA
REPRESENTED BY ITS SECRETARY, CO-BANK TOWERS, PALAYAM,
VIKAS BHAVAN P.O., THIRUVANANTHAPURAM, PIN - 695033
SRI. C.M NAZAR FOR R3
THIS WRIT APPEAL HAVING BEEN HEARD ON 28.05.2025, ALONG WITH
WA.12/2025 AND CONNECTED CASES, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
2025:KER:38198
WA NO. 12 OF 2025 and conctd. cases 15
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE AMIT RAWAL
&
THE HONOURABLE MR.JUSTICE K. V. JAYAKUMAR
WEDNESDAY, THE 28TH DAY OF MAY 2025 / 7TH JYAISHTA, 1947
WA NO. 26 OF 2025
AGAINST THE JUDGMENT DATED 30.10.2024 IN WP(C) NO.22645 OF
2024 OF HIGH COURT OF KERALA
APPELLANT(S)/RESPONDENTS 1 TO 3 IN WP(C):
1 STATE OF KERALA
REPRESENTED BY CHIEF SECRETARY, SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
2 THE STATE OF KERALA
REPRESENTED BY SECRETARY TO GOVERNMENT , CO-OPERATIVE
DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM, PIN -
695001
3 THE REGISTRAR OF CO-OPERATIVE SOCIETIES
DEPARTMENT OF CO-OPERATION, OFFICE OF THE REGISTRAR OF
CO-OPERATIVE SOCIETIES, JAWAHAR SAHAKARANA BHAVAN, DPI
JUNCTION, THYCAUD P.O, THIRUVANANTHAPURAM, PIN - 695014
BY SRI. K.GOPALAKRISHNA KURUP (AG)
SRI. T.K VIPINDAS (SR.GP)
SRI. P.P THAJUDEEN (SPL.GP)
SRI. N.MANOJ KUMAR (STATE ATTORNEY)
SRI. IMAM GRIGORIOUS KARAT (GOVT. PLEADER)
RESPONDENT(S)/PETITIONERS AND RESPONDENT 4 AND 5 IN WP(C):
1 K.P. JOBICHAN
AGED 59 YEARS
PRESIDENT, THYCATTUSSERY SERVICE CO-OPERATIVE BANK LTD
NO. 275, THYCATTUSSERY P.O, ALAPPUZHA, RESIDING AT
KOLUTHARA HOUSE, POOCHAKKAL P.O, ALAPPUZHA, PIN -
688528
2025:KER:38198
WA NO. 12 OF 2025 and conctd. cases 16
2 C.K.SHAJI MOHAN
AGED 68 YEARS
PRESIDENT, CHERTHALA CO-OPERATIVE AGRICULTURAL & RURAL
DEVELOPMENT BANK, CHERTHALA P.O, ALAPPUZHA, RESIDING AT
SIVAKRIPA, VELLARVATTOM, CHERTHALA P.O, ALAPPUZHA, PIN
- 688524
3 HYDROS KOYA THANGAL
AGED 72 YEARS
PRESIDENT, NANNAMBRA SERVICE CO-OPERATIVE BANK LTD.NO.
393, KODINJI P.O, MALAPPURAM, RESIDING AT SALIM MANZIL,
KODINJIPALLIKKAL HOUSE, KOZHINJI P.O, MALAPPURAM, PIN -
676309
4 RETURNING OFFICER/UNIT INSPECTOR
THYCATTUSSERY SERVICE CO-OPERATIVE BANK, OFFICE OF THE
ASSISTANT REGISTRAR OF CO-OPERATIVE SOCITIES (GENERAL),
THYCATTUSSERY P.O, ALAPPUZHA, PIN - 688528
5 THE STATE CO-OPERATIVE ELECTION COMMISSION
REPRESENTED BY ELECTION COMMISSIONER, 3 RD FLOOR, CO-
BANK TOWERS, PALAYAM, VIKAS BHAVAN P.O,
THIRUVANANTHAPURAM, PIN - 695033
SRI. C.M NAZAR FOR R5
THIS WRIT APPEAL HAVING BEEN HEARD ON 28.05.2025, ALONG WITH
WA.12/2025 AND CONNECTED CASES, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
2025:KER:38198
WA NO. 12 OF 2025 and conctd. cases 17
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE AMIT RAWAL
&
THE HONOURABLE MR.JUSTICE K. V. JAYAKUMAR
WEDNESDAY, THE 28TH DAY OF MAY 2025 / 7TH JYAISHTA, 1947
WA NO. 29 OF 2025
AGAINST THE JUDGMENT DATED 30.10.2024 IN WP(C) NO.23565 OF
2024 OF HIGH COURT OF KERALA
APPELLANT(S)/RESPONDENT IN WP(C):
STATE OF KERALA
REPRESENTED BY THE CHIEF SECRETARY, GOVERNMENT
SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001
BY SRI. K.GOPALAKRISHNA KURUP (AG)
SRI. T.K VIPINDAS (SR.GP)
SRI. P.P THAJUDEEN (SPL.GP)
SRI. N.MANOJ KUMAR (STATE ATTORNEY)
SRI. IMAM GRIGORIOUS KARAT (GOVT. PLEADER)
RESPONDENT(S)/PETITIONERS & RESPONDENTS 2 TO 4 IN WP(C):
1 ALEX P. GEORGE
AGED 58 YEARS
S/O. P.C. GEORGE, MEMBER, PUTHUPPALLY SERVICE CO-
OPERATIVE BANK LTD. NO. 1504, PUTHUPPALLY P.O.,
KOTTAYAM DISTRICT, RESIDING AT PULINTHARAKKUNNEL,
PUTHUPPALLY, KOTTAYAM DISTRICT, PIN - 686011
2 VINOD EASSO
AGED 57 YEARS
S/O. C.K. EASSO, MEMBER, PUTHUPPALLY SERVICE CO-
OPERATIVE BANK LTD. NO. 1504, PUTHUPPALLY P.O.,
KOTTAYAM DISTRICT, RESIDING AT CHOORAMPALLIL,
PUTHUPPALLY, KOTTAYAM DISTRICT, PIN - 686011
2025:KER:38198
WA NO. 12 OF 2025 and conctd. cases 18
MOHANDAS V.A
AGED 66 YEARS
3 S/O. AYYAPPAN NAIR, MEMBER, PUTHUPPALLY SERVICE CO-
OPERATIVE BANK LTD. NO. 1504, PUTHUPPALLY P.O.,
KOTTAYAM DISTRICT, RESIDING AT
VADAKKETHUPUTHANPURAKKAL, PUTHUPPALLY, KOTTAYAM
DISTRICT, PIN - 686011
4 THE RETURNING OFFICER
OFFICE INSPECTOR, PUTHUPPALLY SERVICE CO-OPERATIVE BANK
LTD. NO. 1504, PUTHUPPALLY P.O., KOTTAYAM DISTRICT, PIN
- 686011
5 THE STATE CO-OPERATIVE ELECTION COMMISSION
3RD FLOOR, CO BANK TOWERS, VIKAS BHAVAN P.O.,
THIRUVANANTHAPURAM, REPRESENTED BY ITS SECRETARY, PIN -
695033
6 THE PUTHUPPALLY SERVICE CO-OPERATIVE BANK LTD. NO. 1504
PUTHUPPALLY P.O., KOTTAYAM DISTRICT, REPRESENTED BY ITS
SECRETARY, PIN - 686011
SRI. C.M. NAZAR FOR R5
THIS WRIT APPEAL HAVING BEEN HEARD ON 28.05.2025, ALONG WITH
WA.12/2025 AND CONNECTED CASES, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
2025:KER:38198
WA NO. 12 OF 2025 and conctd. cases 19
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE AMIT RAWAL
&
THE HONOURABLE MR.JUSTICE K. V. JAYAKUMAR
WEDNESDAY, THE 28TH DAY OF MAY 2025 / 7TH JYAISHTA, 1947
WA NO. 31 OF 2025
AGAINST THE JUDGMENT DATED 30.10.2024 IN WP(C) NO.21697 OF
2024 OF HIGH COURT OF KERALA
APPELLANT(S)/RESPONDENTS 1 TO 3 IN WP(C):
1 STATE OF KERALA
REPRESENTED BY CHIEF SECRETARY, SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
2 THE STATE OF KERALA
REPRESENTED BY SECRETARY TO GOVERNMENT, CO-OPERATIVE
DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM, PIN -
695001
3 THE REGISTRAR OF CO-OPERATIVE SOCIETIES
DEPARTMENT OF CO-OPERATION, OFFICE OF THE REGISTRAR OF
CO-OPERATIVE SOCIETIES, JAWAHAR SAHAKARANA BHAVAN, DPI
JUNCTION, THYCAUD P.O., THIRUVANANTHAPURAM, PIN -
695014
BY SRI. K.GOPALAKRISHNA KURUP (AG)
SRI. T.K VIPINDAS (SR.GP)
SRI. P.P THAJUDEEN (SPL.GP)
SRI. N.MANOJ KUMAR (STATE ATTORNEY)
SRI. IMAM GRIGORIOUS KARAT (GOVT. PLEADER)
RESPONDENT(S)/PETITIONERS & RESPONDENTS 4 TO 7 IN WP(C):
1 PRATHULACHANDRAN T.K
AGED 66 YEARS
S/O. KARUNAKARAN VAIDYAR, THAZHATHUMURIYIL HOUSE, K.R.
PURAM P.O., PALLIPURAM, ALAPUZHA, PIN - 688541
2025:KER:38198
WA NO. 12 OF 2025 and conctd. cases 20
2 BIJU P.N
AGED 54 YEARS
S/O. PADMANABHAN, RESIDING AT NANADITHARA, PALLIPURAM
P.O., ALAPUZHA, PIN - 688541
3 THE CO-OPERATIVE ELECTION COMMISSION
REPRESENTED BY ITS SECRETARY, CO-BANK TOWERS, PALAYAM,
VIKAS BHAVAN P.O., THIRUVANANTHAPURAM, PIN - 695033
4 THE PALLIPURAM VILLAGE CO-OPERATIVE BANK
PALLIPURAM P.O, CHERTHALA ALAPUZHA REPRESENTED BY ITS
SECRETARY, PIN - 688541
5 THE RETURNING OFFICER
THE PALLIPURAM VILLAGE CO-OPERATIVE BANK, PALLIPURAM
P.O, CHERTHALA ALAPUZHA, PIN - 688541
6 THE ELECTORAL OFFICER
THE PALLIPURAM VILLAGE CO-OPERATIVE BANK, PALLIPURAM
P.O, CHERTHALA ALAPUZHA, PIN - 688541
SRI. C.M NAZAR FOR R3
THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 28.05.2025,
ALONG WITH WA.12/2025 AND CONNECTED CASES, THE COURT ON THE SAME
DAY DELIVERED THE FOLLOWING:
2025:KER:38198
WA NO. 12 OF 2025 and conctd. cases 21
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE AMIT RAWAL
&
THE HONOURABLE MR.JUSTICE K. V. JAYAKUMAR
WEDNESDAY, THE 28TH DAY OF MAY 2025 / 7TH JYAISHTA, 1947
WA NO. 33 OF 2025
AGAINST THE JUDGMENT DATED 30.10.2024 IN WP(C) NO.25011 OF
2024 OF HIGH COURT OF KERALA
APPELLANT(S)/RESPONDENTS 1-3 IN WP(C):
1 THE STATE OF KERALA,
REPRESENTED BY LAW SECRETARY LAW (LEGISLATION-H)
DEPARTMENT, GOVERNMENT SECRETARIAT, TRIVANDRUM -, PIN -
695001
2 THE PRINCIPAL SECRETARY,
CO-OPERATIVE DEPARTMENT, GOVERNMENT SECRETARIAT,
TRIVANDRUM -, PIN - 695001
3 THE REGISTRAR OF CO-OPERATIVE SOCIETIES,
JAWAHAR SAHAKARANA BHAVAN DPI JUNCTION, THYCAUD P.O.,
THIRUVANANTHAPURAM -, PIN - 695014
BY SRI. K.GOPALAKRISHNA KURUP (AG)
SRI. T.K VIPINDAS (SR.GP)
SRI. P.P THAJUDEEN (SPL.GP)
SRI. N.MANOJ KUMAR (STATE ATTORNEY)
SRI. IMAM GRIGORIOUS KARAT (GOVT. PLEADER)
RESPONDENT(S)/RESPONDENTS /PETITIONERS AND 4TH RESPONDENT IN
WP(C):
1 MR.P.RAGHU @ NEDUNGOLAM RAGHU,
AGED 64 YEARS
S/O.P.PRABHAKARAN, PRESIDENT, PARAVUR S.N.V. REGIONAL
COOPERATIVE BANK LTD. NO.1685,PARAVUR , KOLLAM
DISTRICT, PIN - 691 301, RESIDING AT ‘SREEKRISHNA
JYOTHI, KOONAYIL, PARAVUR, KOLLAM -
2025:KER:38198
WA NO. 12 OF 2025 and conctd. cases 22
2 MR.S.MADHUSUDANAN NAIR,
AGED 74 YEARS
S/O.N.SANKARA PILLAI, PRESIDENT, THE KOLLAM CO-
OPERATIVE AGRICULTURAL & RURAL DEVELOPMENT BANK
LTD.NO.Q167, KOLLAM - 691 001, RESIDING AT LAKSHMI
NIVAS, ARA-14C; MUNDAKKAL, KOLLAM -
3 MR.KALLADA VIJAYAN,
AGED 69 YEARS
S/O.RAMAN PILLAI, AGED 69 YEARS,PRESIDENT, THE KALLADA
RURAL CO-OPERATIVE SOCIETY LTD. NO.Q1427, KIZHAKKE
KALLADA P.O., KOLLAM, RESIDING AT KOIKKALAZHIKATH,
KOYIKKAL MURI, EAST KALLADA, KOLLAM -, PIN - 691502
4 MR.V. OMANAKUTTAN PILLAI,
AGED 72 YEARS
S/O.K.VASUPILLAI, PRESIDENT, PERINAD LAKSHMI VILASM
VILLAGE SERVICE CO-OPERATIVE BANK LTD. NO.1841,
KANJAVELY P.O., KOLLAM DISTRICT, RESIDING AT THEKKEDATH
KIZHAKKATHIL, NJARACKAL, PERINAD, KOLLAM -, PIN -
691601
5 THE STATE CO-OPERATIVE ELECTION COMMISSION,
3RD FLOOR, CO-OPERATIVE BANK TOWERS, VIKAS BHAVAN P.O.,
THIRUVANANTHAPURAM, REPRESENTED BY ITS SECRETARY., PIN
- 695033
BY ADVS.
SMT.NISHA GEORGE
SRI.GEORGE POONTHOTTAM (SR.)
SHRI.ANSHIN K.K
SRI. C.M NAZAR FOR R5
THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 28.05.2025,
ALONG WITH WA.12/2025 AND CONNECTED CASES, THE COURT ON THE SAME
DAY DELIVERED THE FOLLOWING:
2025:KER:38198
WA NO. 12 OF 2025 and conctd. cases 23
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE AMIT RAWAL
&
THE HONOURABLE MR.JUSTICE K. V. JAYAKUMAR
WEDNESDAY, THE 28TH DAY OF MAY 2025 / 7TH JYAISHTA, 1947
WA NO. 35 OF 2025
AGAINST THE JUDGMENT DATED 30.10.2024 IN WP(C) NO.23598 OF
2024 OF HIGH COURT OF KERALA
APPELLANT(S)/ RESPONDENTS 1-3 IN WP(C):
1 STATE OF KERALA
REPRESENTED BY CHIEF SECRETARY, SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
2 THE SECRETARY TO GOVERNMENT
CO-OPERATIVE DEPARTMENT, T/C 25/357(4) GANDHARI AMMAN
KOVIL ROAD,STATU, 7TH FLOOR, AKSHARAMANDHIRAM, HEAD
POST OFFICE P.O THIRUVANANTHAPURAM, PIN - 695001
3 THE REGISTRAR OF CO-OPERATIVE SOCIETIES
DEPARTMENT OF CO-OPERATION, OFFICE OF THE REGISTRAR OF
CO-OPERATIVE SOCIETIES, JAWAHAR SAHAKARANA BHAVAN, DPI
JUNCTION, THYCAUD P.O., THIRUVANANTHAPURAM, PIN -
695014
BY SRI. K.GOPALAKRISHNA KURUP (AG)
SRI. T.K VIPINDAS (SR.GP)
SRI. P.P THAJUDEEN (SPL.GP)
SRI. N.MANOJ KUMAR (STATE ATTORNEY)
SRI. IMAM GRIGORIOUS KARAT (GOVT. PLEADER)
RESPONDENT(S)/PETITIONERS AND 4TH RESPONDENT IN WP(C):
1 P. GOPALAN
AGED 79 YEARS
S/O APPUKUTTAN, THE PRESIDENT OF THE PUNNAYURKULAM
SERVICE CO-OPERATIVE BANK LTD NO. P 417, PUNNAYURKULAM
P.O,THRISSUR, PIN - 679561
2025:KER:38198
WA NO. 12 OF 2025 and conctd. cases 24
2 THE STATE CO-OPERATIVE ELECTION COMMISSION KERALA
REPRESENTED BY ITS SECRETARY, CO-BANK TOWERS, PALAYAM,
VIKAS BHAVAN P.O., THIRUVANANTHAPURAM, PIN - 695033
SRI. C.M NAZAR FOR R3
THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 28.05.2025,
ALONG WITH WA.12/2025 AND CONNECTED CASES, THE COURT ON THE SAME
DAY DELIVERED THE FOLLOWING:
2025:KER:38198
WA NO. 12 OF 2025 and conctd. cases 25
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE AMIT RAWAL
&
THE HONOURABLE MR.JUSTICE K. V. JAYAKUMAR
WEDNESDAY, THE 28TH DAY OF MAY 2025 / 7TH JYAISHTA, 1947
WA NO. 40 OF 2025
AGAINST THE JUDGMENT DATED 30.10.2024 IN WP(C) NO.21582 OF
2024 OF HIGH COURT OF KERALA
APPELLANT(S)/1ST RESPONDENT IN WP(C):
STATE OF KERALA
REPRESENTED BY THE CHIEF SECRETARY, GOVERNMENT
SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001
BY SRI. K.GOPALAKRISHNA KURUP (AG)
SRI. T.K VIPINDAS (SR.GP)
SRI. P.P THAJUDEEN (SPL.GP)
SRI. N.MANOJ KUMAR (STATE ATTORNEY)
SRI. IMAM GRIGORIOUS KARAT (GOVT. PLEADER)
RESPONDENT(S)/PETITIONERS & 2ND RESPONDENT IN WP(C):
1 T.M. THOMAS
AGED 81 YEARS
S/O. LATE MATHAI, PRESIDENT, PUTHUPPALLY SERVICE CO-
OPERATIVE BANK LTD. NO. 1504, PUTHUPPALLY P.O.,
KOTTAYAM DISTRICT, RESIDING AT THONDUKANDATHIL,
PUTHUPPALLY P.O., KOTTAYAM DISTRICT, PIN - 686011
2 THOMAS STEPHEN
AGED 62 YEARS
S/O. STEPHEN, MEMBER, PUTHUPPALLY SERVICE CO-OPERATIVE
BANK LTD. NO. 1504, PUTHUPPALLY P.O., KOTTAYAM
DISTRICT, RESIDING AT MAVELIL, THARUN NIVAS,
PUTHUPPALLY P.O., KOTTAYAM DISTRICT, PIN - 686011
2025:KER:38198
WA NO. 12 OF 2025 and conctd. cases 26
3 THE STATE CO-OPERATIVE ELECTION COMMISSION
3RD FLOOR, CO BANK TOWERS, VIKAS BHAVAN P.O.,
THIRUVANANTHAPURAM, REPRESENTED BY ITS SECRETARY, PIN -
695033
SRI. C.M NAZAR FOR R3
THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 28.05.2025,
ALONG WITH WA.12/2025 AND CONNECTED CASES, THE COURT ON THE SAME
DAY DELIVERED THE FOLLOWING:
2025:KER:38198
WA NO. 12 OF 2025 and conctd. cases 27
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE AMIT RAWAL
&
THE HONOURABLE MR.JUSTICE K. V. JAYAKUMAR
WEDNESDAY, THE 28TH DAY OF MAY 2025 / 7TH JYAISHTA, 1947
WA NO. 42 OF 2025
AGAINST THE JUDGMENT DATED 30.10.2024 IN WP(C) NO.21629 OF
2024 OF HIGH COURT OF KERALA
APPELLANT(S)/RESPONDENTS 1 TO 3 IN WP(C):
1 STATE OF KERALA
REPRESENTED BY CHIEF SECRETARY, SECRETARIAT,
THIRUVANANTHAPURAM ., PIN - 695001
2 THE STATE OF KERALA,
REPRESENTED BY SECRETARY TO GOVERNMENT, CO-OPERATIVE
DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM., PIN -
695001
3 THE REGISTRAR OF CO-OPERATIVE SOCIETIES
DEPARTMENT OF CO-OPERATION, OFFICE OF THE REGISTRAR OF
CO-OPERATIVE SOCIETIES, JAWAHAR SAHAKARANA BHAVAN, DPI
JUNCTION, THYCAUD P.O., THIRUVANANTHAPURAM ., PIN -
695014
BY SRI. K.GOPALAKRISHNA KURUP (AG)
SRI. T.K VIPINDAS (SR.GP)
SRI. P.P THAJUDEEN (SPL.GP)
SRI. N.MANOJ KUMAR (STATE ATTORNEY)
SRI. IMAM GRIGORIOUS KARAT (GOVT. PLEADER)
RESPONDENT(S)/PETITIONERS & RESPONDENTS 4&5 IN WP(C):
1 E.K.SETHU
AGED 74 YEARS
S/O VELAYUDHAN PILLAI, PRESIDENT, ELOOR SERVICE CO-
OPERATIVE BANK LTD.E 103, RESIDING AT EDAKKATHALATHU
HOUSE, ELOOR EAST, UDYOGAMANDAN P.O, ERNAKULAM., PIN -
683501
2025:KER:38198
WA NO. 12 OF 2025 and conctd. cases 28
2 PAUL P.JOSEPH
AGED 75 YEARS
S/O JOSEPH, PRESIDENT, AYROOR SERVICE CO-OPERATIVE BANK
LTD.NO.2237, RESIDING AT PANIKULANGARA HOUSE, NORTH
ADUVASSERY, PARAVUR, ERNAKULAM., PIN - 683513
3 MATHEW THOMAS
AGED 65 YEARS
S/O V.M.THOMAS, PRESIDENT, ANGAMALY CO-OPERATIVE
AGRICULTURIST SOCIETY LTD.E 240, RESIDING AT
VITHAYATHIL HOUSE, NAYATHODU P.O, ANGAMALI., PIN -
683572
4 RETURNING OFFICER
(SPECIAL SALE OFFICER)TO ELOOR SCB GROUP) TO AYROOR
SERVICE CO-OPERATIVE BANK. ASSISTANT REGISTRAR OF CO-
OPERATIVE SOCIETIES (G), OFFICE OF THE ASSISTANT
REGISTRAR OF CO-OPERATIVE SOCIETIES, N.PARAVUR,
ERNAKULAM., PIN - 683513
5 THE STATE CO-OPERATIVE ELECTION COMMISSION,
REPRESENTED BY ELECTION COMMISSIONER, 3RD FLOOR, CO-
BANK TOWERS, PALAYAM, VIKAS BHAVAN P.O.,
THIRUVANANTHAPURAM., PIN - 695033
SRI. C.M NAZAR FOR R5
THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 28.05.2025,
ALONG WITH WA.12/2025 AND CONNECTED CASES, THE COURT ON THE SAME
DAY DELIVERED THE FOLLOWING:
2025:KER:38198
WA NO. 12 OF 2025 and conctd. cases 29
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE AMIT RAWAL
&
THE HONOURABLE MR.JUSTICE K. V. JAYAKUMAR
WEDNESDAY, THE 28TH DAY OF MAY 2025 / 7TH JYAISHTA, 1947
WA NO. 45 OF 2025
AGAINST THE JUDGMENT DATED 30.10.2024 IN WP(C) NO.23575 OF
2024 OF HIGH COURT OF KERALA
APPELLANT(S)/1ST RESPONDENT IN WP(C):
STATE OF KERALA
REPRESENTED BY THE CHIEF SECRETARY, GOVERNMENT
SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001
BY SRI. K.GOPALAKRISHNA KURUP (AG)
SRI. T.K VIPINDAS (SR.GP)
SRI. P.P THAJUDEEN (SPL.GP)
SRI. N.MANOJ KUMAR (STATE ATTORNEY)
SRI. IMAM GRIGORIOUS KARAT (GOVT. PLEADER)
RESPONDENT(S)/PETITIONERS & RESPONDENTS 2&3 IN WP(C):
1 T.K.MOHANADASA KURUP
AGED 65 YEARS
S/O. KARUNAKARAN NAIR, PRESIDENT, CHAMPAKKARA SERVICE
CO-OPERATIVE BANK LTD. NO. 3511, CHAMPAKKARA P.O.,
KARUKACHAL, KOTTAYAM DISTRICT - 686540, RESIDING AT
SREESAILAM, CHAMPAKKARA P.O., KARUKACHAL, KOTTAYAM
DISTRICT
2 JOHN P.V
AGED 72 YEARS
MEMBER, BOARD OF DIRECTORS, CHAMPAKKARA SERVICE CO-
OPERATIVE BANK LTD. NO. 3511, CHAMPAKKARA P.O.,
KARUKACHAL, KOTTAYAM DISTRICT - 686540, RESIDING AT
POOVATHUMMOOTTIL, KOOTHRAPPALLY P.O., KARUKACHAL,
KOTTAYAM DISTRICT
2025:KER:38198
WA NO. 12 OF 2025 and conctd. cases 30
3 THE RETURNING OFFICER
SPECIAL SALE OFFICER, PCARDB, CHANGANASSERY, ELECTION
TO THE CHAMPAKKARA SERVICE CO-OPERATIVE BANK LTD. NO.
3511, CHAMPAKKARA P.O., KARUKACHAL, KOTTAYAM DISTRICT,
PIN - 686540
4 THE STATE CO-OPERATIVE ELECTION COMMISSION
3RD FLOOR, CO BANK TOWERS, VIKAS BHAVAN P.O.,
THIRUVANANTHAPURAM, REPRESENTED BY ITS SECRETARY, PIN -
695033
SRI. C.M NAZAR FOR R4
THIS WRIT APPEAL HAVING BEEN HEARD ON 28.05.2025, ALONG WITH
WA.12/2025 AND CONNECTED CASES, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
2025:KER:38198
WA NO. 12 OF 2025 and conctd. cases 31
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE AMIT RAWAL
&
THE HONOURABLE MR.JUSTICE K. V. JAYAKUMAR
WEDNESDAY, THE 28TH DAY OF MAY 2025 / 7TH JYAISHTA, 1947
WA NO. 47 OF 2025
AGAINST THE JUDGMENT DATED 30.10.2024 IN WP(C) NO.23479 OF
2024 OF HIGH COURT OF KERALA
APPELLANT(S)/RESPONDENT 1 IN WP(C):
STATE OF KERALA
REPRESENTED BY THE CHIEF SECRETARY, GOVERNMENT
SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001
BY SRI. K.GOPALAKRISHNA KURUP (AG)
SRI. T.K VIPINDAS (SR.GP)
SRI. P.P THAJUDEEN (SPL.GP)
SRI. N.MANOJ KUMAR (STATE ATTORNEY)
SRI. IMAM GRIGORIOUS KARAT (GOVT. PLEADER)
RESPONDENT(S)/PETITIONER AND R2 AND R3 IN WP(C):
1 RADHAKRISHNAN K. @ AVOLAM RADHAKRISHNAN
AGED 72 YEARS
S/O T.N. NARAYANAN, SREEVALSAM, CHALAPPURAM, PERODE
P.O, THUNERI, KOZHIKODE, PIN - 673504
2 RETURNING OFFICER /UNIT INSPECTOR
AZHIYUR, THE CO-OPERATIVE AGRICULTURAL & RURAL
DEVELOPMENT BANK LTD.NO.F 1857, KAKKATTIL, VADAKARA
TALUK, KOZHIKODE, PIN - 673507
3 THE STATE CO OPERATIVE ELECTION COMMISSION
REPRESENTED BY ITS SECRETARY, 3 RD FLOOR, CO BANK
TOWERS, VIKAS BHAVAN P.O, THIRUVANANTHAPURAM, PIN -
695033
SRI. C.M NAZAR FOR R3
THIS WRIT APPEAL HAVING BEEN HEARD ON 28.05.2025, ALONG WITH
WA.12/2025 AND CONNECTED CASES, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
2025:KER:38198
WA NO. 12 OF 2025 and conctd. cases 32
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE AMIT RAWAL
&
THE HONOURABLE MR.JUSTICE K. V. JAYAKUMAR
WEDNESDAY, THE 28TH DAY OF MAY 2025 / 7TH JYAISHTA, 1947
WA NO. 51 OF 2025
AGAINST THE JUDGMENT DATED 30.10.2024 IN WP(C) NO.21464 OF
2024 OF HIGH COURT OF KERALA
APPELLANT(S)/1ST RESPONDENT IN WP(C):
STATE OF KERALA
REPRESENTED BY THE CHIEF SECRETARY, GOVERNMENT
SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001
BY SRI. K.GOPALAKRISHNA KURUP (AG)
SRI. T.K VIPINDAS (SR.GP)
SRI. P.P THAJUDEEN (SPL.GP)
SRI. N.MANOJ KUMAR (STATE ATTORNEY)
SRI. IMAM GRIGORIOUS KARAT (GOVT. PLEADER)
RESPONDENT(S)/PETITIONERS & RESPONDENT 2&3 IN WP(C):
1 A.V. THOMAS
AGED 71 YEARS
S/O. VARKEY, PRESIDENT, KUMARAKOM SERVICE CO-OPERATIVE
BANK LTD. NO. 2298, KUMARAKOM P.O., KOTTAYAM DISTRICT,
RESIDING AT ARYAPPALLY HOUSE, KUMARAKOM P.O., KOTTAYAM
DISTRICT, PIN - 686563
2 V.N. RAMACHANDRAN
AGED 62 YEARS
S/O. NARAYANAN, MEMBER NO. 2775, KUMARAKOM SERVICE CO-
OPERATIVE BANK LTD. NO. 2298, KUMARAKOM P.O., KOTTAYAM
DISTRICT, RESIDING AT VETTIKKATTUKALAM HOUSE, KUMARAKOM
P.O., KOTTAYAM DISTRICT, PIN - 686563
3 THE RETURNING OFFICER
UNIT INSPECTOR, KUMARAKAM, THE KUMARAKOM SERVICE CO-
OPERATIVE BANK LTD. NO. 2298, KUMARAKOM P.O., KOTTAYAM
DISTRICT, PIN - 686563
2025:KER:38198
WA NO. 12 OF 2025 and conctd. cases 33
4 THE STATE CO-OPERATIVE ELECTION COMMISSION
3RD FLOOR, CO BANK TOWERS, VIKAS BHAVAN P.O.,
THIRUVANANTHAPURAM, REPRESENTED BY ITS SECRETARY, PIN -
695033
SRI. C.M NAZAR FOR R3
THIS WRIT APPEAL HAVING BEEN HEARD ON 28.05.2025, ALONG WITH
WA.12/2025 AND CONNECTED CASES, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
2025:KER:38198
WA NO. 12 OF 2025 and conctd. cases 34
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE AMIT RAWAL
&
THE HONOURABLE MR.JUSTICE K. V. JAYAKUMAR
WEDNESDAY, THE 28TH DAY OF MAY 2025 / 7TH JYAISHTA, 1947
WA NO. 52 OF 2025
AGAINST THE JUDGMENT DATED 30.10.2024 IN WP(C) NO.22692 OF
2024 OF HIGH COURT OF KERALA
APPELLANT(S)/RESPONDENTS 1 TO 3 IN WP(C):
1 STATE OF KERALA
REPRESENTED BY CHIEF SECRETARY, SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
2 THE SECRETARY TO GOVERNMENT
CO-OPERATIVE DEPARTMENT, T/C 25/357(4) GANDHARI AMMAN
KOVIL ROAD,STATU, 7TH FLOOR, AKSHARAMANDHIRAM, HEAD
POST OFFICE P.O THIRUVANANTHAPURAM, PIN - 695001
3 THE REGISTRAR OF CO-OPERATIVE SOCIETIES
DEPARTMENT OF CO-OPERATION, OFFICE OF THE REGISTRAR OF
CO-OPERATIVE SOCIETIES, JAWAHAR SAHAKARANA BHAVAN, DPI
JUNCTION, THYCAUD P.O., THIRUVANANTHAPURAM, PIN -
695014
BY SRI. K.GOPALAKRISHNA KURUP (AG)
SRI. T.K VIPINDAS (SR.GP)
SRI. P.P THAJUDEEN (SPL.GP)
SRI. N.MANOJ KUMAR (STATE ATTORNEY)
SRI. IMAM GRIGORIOUS KARAT (GOVT. PLEADER)
RESPONDENT(S)/PETITIONERS & RESPONDENTS 4 TO 6 IN WP(C):
1 SUNDARAN KUNNATHULLY
AGED 57 YEARS, S/O SEKHARAN PRESIDENT, AMBALAPAD
SERVICE CO-OPERATIVE BANK LTD NO.759 KUNDUKAD
P.O,THRISSUR,, PIN - 680028
2025:KER:38198
WA NO. 12 OF 2025 and conctd. cases 35
2 P.J. RAJU
AGED 60 YEARS
S/O JOSEPH PALLIKKUNNEL HOUSE, MALAKKA, MANALITHARA
P.O, THRISSUR, COMMITTEE MEMBER, AMBALAPAD SERVICE CO-
OPERATIVE BANK LTD NO.759, PIN - 680589
3 GIJO KURIAN
AGED 60 YEARS
S/O KURIAN PULIYANMAKKAL HOUSE, POOMALA P.O, THRISSUR,
COMMITTEE MEMBER, AMBALAPAD SERVICE CO-OPERATIVE BANK
LTD NO.759, PIN - 680581
4 JAMES N. Q,
AGED 70 YEARS
S/O GEORGE NEDUMATTATHIL HOUSE, KALLUMKOOTTAM,
MANALITHARA P.O, THRISSUR,, PIN - 680589
5 THE STATE CO-OPERATIVE ELECTION COMMISSION KERALA
REPRESENTED BY ITS SECRETARY, CO-BANK TOWERS, PALAYAM,
VIKAS BHAVAN P.O., THIRUVANANTHAPURAM-, PIN - 695033
6 THE ELECTORAL OFFICER
OFFICE OF THE ASST. REGISTRAR THALAPPILLY THALUK,
WADAKKANCHERY P.O THRISSUR,, PIN - 680582
7 THE RETURNING OFFICER
A & E INSPECTOR-2, OFFICE OF THE ASST. REGISTRAR
THALAPPILLY THALUK, WADAKKANCHERY P.O THRISSUR,, PIN -
680582
SRI. C.M NAZAR FOR R5
THIS WRIT APPEAL HAVING BEEN HEARD ON 28.05.2025, ALONG WITH
WA.12/2025 AND CONNECTED CASES, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
2025:KER:38198
WA NO. 12 OF 2025 and conctd. cases 36
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE AMIT RAWAL
&
THE HONOURABLE MR.JUSTICE K. V. JAYAKUMAR
WEDNESDAY, THE 28TH DAY OF MAY 2025 / 7TH JYAISHTA, 1947
WA NO. 54 OF 2025
AGAINST THE JUDGMENT DATED 30.10.2024 IN WP(C) NO.23325 OF
2024 OF HIGH COURT OF KERALA
APPELLANT(S)/1ST RESPONDENT IN WP(C):
STATE OF KERALA
REPRESENTED BY THE CHIEF SECRETARY, GOVERNMENT
SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001
BY SRI. K.GOPALAKRISHNA KURUP (AG)
SRI. T.K VIPINDAS (SR.GP)
SRI. P.P THAJUDEEN (SPL.GP)
SRI. N.MANOJ KUMAR (STATE ATTORNEY)
SRI. IMAM GRIGORIOUS KARAT (GOVT. PLEADER)
RESPONDENT(S)/PETITIONERS & RESPONDENTS 2-4 IN WP(C):
1 P. MOHANACHANDRAN NAIR
AGED 69 YEARS
S/O. BALAKRISHNA PILLA, MEMBER, MANAGING COMMITTEE,
VIJAYAPURAM SERVICE CO-OPERATIVE BANK LTD. NO. 4066,
MANARCAD, KOTTAYAM DISTRICT-686019, RESIDING AT PULIPRA
HOUSE, MANARCAD, KOTTAYAM DISTRICT
2 SUMA JOSE
AGED 60 YEARS
W/O. M.I. JOSE, MEMBER, MANAGING COMMITTEE, VIJAYAPURAM
SERVICE CO-OPERATIVE BANK LTD. NO. 4066, MANARCAD,
KOTTAYAM DISTRICT-686019, RESIDING AT OOROTTUKALAYIL,
MANARCAD, KOTTAYAM DISTRICT
3 K.K. THOMAS
AGED 64 YEARS
S/O. K.V. KORAH, MEMBER, MANAGING COMMITTEE,
VIJAYAPURAM SERVICE CO-OPERATIVE BANK LTD. NO. 4066,
MANARCAD, KOTTAYAM DISTRICT-686019, RESIDING AT KUNNEL
HOUSE, MANARCAD, KOTTAYAM DISTRICT
2025:KER:38198
WA NO. 12 OF 2025 and conctd. cases 37
4 JOJI C. JOHN
AGED 56 YEARS
S/O. C.T. JOHN, MEMBER, MANAGING COMMITTEE, VIJAYAPURAM
SERVICE CO-OPERATIVE BANK LTD. NO. 4066, MANARCAD,
KOTTAYAM DISTRICT-686019, RESIDING AT CHAKKU HOUSE,
MANARCAD, KOTTAYAM DISTRICT
5 THE RETURNING OFFICER
UNIT INSPECTOR ETTUMANOOR, THE VIJAYAPURAM SERVICE CO-
OPERATIVE BANK LTD. NO. 4066, MANARCAD, KOTTAYAM
DISTRICT, PIN - 686019
6 THE STATE CO-OPERATIVE ELECTION COMMISSION
3RD FLOOR, CO BANK TOWERS, VIKAS BHAVAN P.O.,
THIRUVANANTHAPURAM -695033, REPRESENTED BY ITS
SECRETARY
7 THE VIJAYAPURAM SERVICE CO-OPERATIVE BANK LTD. NO. 4066
MANARCAD, KOTTAYAM DISTRICT, REPRESENTED BY ITS
SECRETARY, PIN - 686019
BY ADVS.
SHRI.SIBY CHENAPPADY
SMT.ANU GEORGE
SHRI.AIBEL MATHEW SIBY
SMT.ELANA ROSE SIBY
SRI. C.M NAZAR FOR R6
THIS WRIT APPEAL HAVING BEEN HEARD ON 28.05.2025, ALONG WITH
WA.12/2025 AND CONNECTED CASES, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
2025:KER:38198
WA NO. 12 OF 2025 and conctd. cases 38
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE AMIT RAWAL
&
THE HONOURABLE MR.JUSTICE K. V. JAYAKUMAR
WEDNESDAY, THE 28TH DAY OF MAY 2025 / 7TH JYAISHTA, 1947
WA NO. 58 OF 2025
AGAINST THE JUDGMENT DATED 30.10.2024 IN WP(C) NO.22180 OF
2024 OF HIGH COURT OF KERALA
APPELLANT(S)/RESPONDENTS 1 TO 3 IN WP(C):
1 STATE OF KERALA
REPRESENTED BY THE CHIEF SECRETARY TO GOVERNMENT
GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN -
695001
2 LAW SECRETARY
LAW LEGISLATION - (H) DEPARTMENT, GOVERNMENT OF KERALA
GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN -
695001
3 REGISTRAR OF CO-OPERATIVE SOCIETIES
OFFICE OF THE REGISTRAR OF CO-OPERATIVE SOCIETIES
JAWAHAR SAHAKARANA BHAVAN DPI JUNCTION, THYCAUD (PO)
THIRUVANANTHAPURAM, PIN - 695014
BY SRI. K.GOPALAKRISHNA KURUP (AG)
SRI. T.K VIPINDAS (SR.GP)
SRI. P.P THAJUDEEN (SPL.GP)
SRI. N.MANOJ KUMAR (STATE ATTORNEY)
SRI. IMAM GRIGORIOUS KARAT (GOVT. PLEADER)
RESPONDENT(S)/PETITIONERS AND 4TH RESPONDENT IN WP(C):
1 BOARD OF DIRECTORS OF VAZHAKKULAM SERVICE CO-OPERATIVE
BANK LTD. NO.751
VAZHAKKULAM, MUVATTUPUZHA, REPRESENTED BY ITS PRESIDENT
JOSE THOMAS, PIN - 686670
2025:KER:38198
WA NO. 12 OF 2025 and conctd. cases 39
2 JOSE THOMAS @ JOSE PERUMPALLY KUNNEL
AGED 66 YEARS
S/O.THOMAS, PERUMBALLY KUNNEL, VAZHAKKULAM,
MUVATTUPUZHA, PIN - 686670
3 BOARD OF DIRECTORS OF THE MUKKANNUR SERVICE CO-
OPERATIVE BANK LTD. NO.E62 (DELETED)
MUKKANNUR P.O., REPRESENTED BY ITS PRESIDENT K.P.BABY,
PIN 683577
4 K.P.BABY (DELETED)
AGED 7 YEARS
S/O.POULO, KARIPARAMBATT HOUSE, KOKKUNNUR MOOKKANNUR
P.O., PIN - 683577
5 ADV.M.P.JOHNSON (DELETED)
AGED 57 YEARS
S/O.POULOSE, MADASSERI HOUSE, MUKKANNUR P.O., PIN683577
* [ PETITIONERS NO. 3 TO 5 ARE DELETED FROM THE
PARTY ARRAY, AS PER ORDER DATED 17.07.2024 IN I.A-
1/2024 IN WP(C) 22180/2024], PIN - 683577
6 STATE CO-OPERATIVE ELECTION COMMISSIONER
VIKAS BHAVAN, JANAHITHAM, NEAR LEGISLATIVE ASSEMBLY,
THIRUVANANTHAPURAM, KERALA, PIN - 695033
SRI. C.M NAZAR FOR R6
THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 28.05.2025,
ALONG WITH WA.12/2025 AND CONNECTED CASES, THE COURT ON THE SAME
DAY DELIVERED THE FOLLOWING:
2025:KER:38198
WA NO. 12 OF 2025 and conctd. cases 40
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE AMIT RAWAL
&
THE HONOURABLE MR.JUSTICE K. V. JAYAKUMAR
WEDNESDAY, THE 28TH DAY OF MAY 2025 / 7TH JYAISHTA, 1947
WA NO. 59 OF 2025
AGAINST THE JUDGMENT DATED 30.10.2024 IN WP(C) NO.22740 OF
2024 OF HIGH COURT OF KERALA
APPELLANT(S)/RESPONDENTS 1-3 IN WP(C):
1 STATE OF KERALA
REPRESENTED BY THE SECRETARY TO GOVERNMENT, CO-
OPERATION (C) DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM., PIN - 695001
2 THE REGISTRAR OF CO-OPERATIVE SOCIETIES
JAWAHAR SAHAKARANA BHAVAN, DPI JUNCTION, THYCAUD P.O,
THIRUVANANTHAPURAM., PIN - 695014
3 THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL)
MALAPPURAM, CIVIL STATION, MALAPPURAM DISTRICT, PIN -
676505
BY SRI. K.GOPALAKRISHNA KURUP (AG)
SRI. T.K VIPINDAS (SR.GP)
SRI. P.P THAJUDEEN (SPL.GP)
SRI. N.MANOJ KUMAR (STATE ATTORNEY)
SRI. IMAM GRIGORIOUS KARAT (GOVT. PLEADER)
RESPONDENT(S)/PETITIONER & RESPONDENTS 4-7 IN WP(C):
1 ABDULKALAM AZAD C.
AGED 51 YEARS
S/O.MUHAMMED ALI, CHENGARAMCHOLA HOUSE, CHERUSHOLA P.O,
MALAPPURAM DISTRICT., PIN - 676501
2025:KER:38198
WA NO. 12 OF 2025 and conctd. cases 41
2 THE STATE CO-OPERATIVE ELECTION COMMISSION
REPRESENTED BY ITS SECRETARY, 3RD FLOOR, CO-BANK
TOWERS, VIKAS BHAVAN P.O, THIRUVANANTHAPURAM., PIN -
695033
3 THE ELECTORAL OFFICER
EDARIKODE SERVICE CO-OPERATIVE BANK LTD. NO.10739,
(ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES
(GENERAL), THIRURANGADI, MALAPPURAM DISTRICT)., PIN -
676306
4 RETURNING OFFICER
EDARIKODE SERVICE CO-OPERATIVE BANK LTD. NO.10739,
(UNIT INSPECTOR, VENGARA, OFFICE OF THE ASSISTANT
REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL),
THIRURANGADI, MALAPPURAM DISTRICT., PIN - 676306
5 THE EDARIKODE SERVICE CO-OPERATIVE BANK LTD. NO.10739
REPRESENTED BY ITS SECRETARY, EDARIKODE P.O, MALAPPURAM
DISTRICT, PIN - 676501
SRI. C.M NAZAR FOR R3
THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 28.05.2025,
ALONG WITH WA.12/2025 AND CONNECTED CASES, THE COURT ON THE SAME
DAY DELIVERED THE FOLLOWING:
2025:KER:38198
WA NO. 12 OF 2025 and conctd. cases 42
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE AMIT RAWAL
&
THE HONOURABLE MR.JUSTICE K. V. JAYAKUMAR
WEDNESDAY, THE 28TH DAY OF MAY 2025 / 7TH JYAISHTA, 1947
WA NO. 61 OF 2025
AGAINST THE JUDGMENT DATED 30.10.2024 IN WP(C) NO.25135 OF
2024 OF HIGH COURT OF KERALA
APPELLANT(S)/1ST RESPONDENT IN WP(C):
STATE OF KERALA
REPRESENTED BY THE CHIEF SECRETARY, GOVERNMENT
SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001
BY SRI. K.GOPALAKRISHNA KURUP (AG)
SRI. T.K VIPINDAS (SR.GP)
SRI. P.P THAJUDEEN (SPL.GP)
SRI. N.MANOJ KUMAR (STATE ATTORNEY)
SRI. IMAM GRIGORIOUS KARAT (GOVT. PLEADER)
RESPONDENT(S)/PETITIONER & RESPONDENTS 2&3 IN WP(C):
1 TOM T. LUKOSE
AGED 57 YEARS
MEMBER, VAZHAKKULAM SERVICE CO-OPERATIVE BANK LTD. NO.
751, VAZHAKKULAM P.O., MUVATTUPUZHA, ERNAKULAM
DISTRICT, RESIDING AT THANNITTAMACKAL, MADAKKATHANAM
P.O., VAZHAKKULAM, MUVATTUPUZHA, ERNAKULAM DISTRICT,
PIN - 686670
2 THE RETURNING OFFICER
UNIT INSPECTOR, KOOTHATTUKULAM, ELECTION TO THE
MANAGING COMMITTEE OF VAZHAKKULAM SERVICE CO-OPERATIVE
BANK LTD. NO. 751, VAZHAKKULAM P.O., MUVATTUPUZHA,
ERNAKULAM DISTRICT, PIN - 686670
2025:KER:38198
WA NO. 12 OF 2025 and conctd. cases 43
3 THE STATE CO-OPERATIVE ELECTION COMMISSION
3RD FLOOR, CO BANK TOWERS, VIKAS BHAVAN P.O.,
THIRUVANANTHAPURAM, REPRESENTED BY ITS SECRETARY, PIN -
695033
SRI. C.M NAZAR FOR R3
THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 28.05.2025,
ALONG WITH WA.12/2025 AND CONNECTED CASES, THE COURT ON THE SAME
DAY DELIVERED THE FOLLOWING:
2025:KER:38198
WA NO. 12 OF 2025 and conctd. cases 44
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE AMIT RAWAL
&
THE HONOURABLE MR.JUSTICE K. V. JAYAKUMAR
WEDNESDAY, THE 28TH DAY OF MAY 2025 / 7TH JYAISHTA, 1947
WA NO. 62 OF 2025
AGAINST THE JUDGMENT DATED 30.10.2024 IN WP(C) NO.22342 OF
2024 OF HIGH COURT OF KERALA
APPELLANT(S)/1ST RESPONDENT IN WP(C):
STATE OF KERALA
REPRESENTED BY THE CHIEF SECRETARY, GOVERNMENT
SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001
BY SRI. K.GOPALAKRISHNA KURUP (AG)
SRI. T.K VIPINDAS (SR.GP)
SRI. P.P THAJUDEEN (SPL.GP)
SRI. N.MANOJ KUMAR (STATE ATTORNEY)
SRI. IMAM GRIGORIOUS KARAT (GOVT. PLEADER)
RESPONDENT(S)/PETITIONER & RESPONDENTS 2&3 IN WP(C):
1 M.P. SHAJU
AGED 54 YEARS
JANAKIARAM, SWATHI NAGAR, KANNAMMOLLA, MEDICAL
COLLEGE.P.O., THIRUVANANTHAPURAM PRESIDENT, PATTOM
SERVICE CO-OPERATIVE BANK LTD.T. 1318, KANNAMMOOLA,
THIRUVANANTHAPURAM, PIN-695011. *CORRECTED*; THE
PETITIONER NAME IS CORRECTED AS M.P.SAJU AS PER ORDER
DATED 02.07.2024 IN I.A. 1/2024 OF WP(C)22342/2024.
2 STATE CO-OPERATIVE ELECTION COMMISSION
3RD FLOOR, CO-BANK TOWERS, VIKAS BHAVAN,
THIRUVANANTHAPURAM.REPRESENTED BY ITS SECRETARY, PIN -
695033
2025:KER:38198
WA NO. 12 OF 2025 and conctd. cases 45
3 THE RETURNING OFFICER/UNIT INSPECTOR
PATTOM, OFFICE OF THE ASSISTANT REGISTRAR OF CO-
OPERATIVE SOCIETIES (G), THIRUVANANTHAPURAM, ELECTION
TO THE MANAGING COMMITTEE OF THE PATTOM SERVICE CO-
OPERATIVE BANK LTD.T. 1318, KANNAMMOOLA,
THIRUVANANTHAPURAM, PIN - 695033
SRI. C.M NAZAR FOR R2
THIS WRIT APPEAL HAVING BEEN HEARD ON 28.05.2025, ALONG WITH
WA.12/2025 AND CONNECTED CASES, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
2025:KER:38198
WA NO. 12 OF 2025 and conctd. cases 46
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE AMIT RAWAL
&
THE HONOURABLE MR.JUSTICE K. V. JAYAKUMAR
WEDNESDAY, THE 28TH DAY OF MAY 2025 / 7TH JYAISHTA, 1947
WA NO. 67 OF 2025
AGAINST THE JUDGMENT DATED 30.10.2024 IN WP(C) NO.23203 OF
2024 OF HIGH COURT OF KERALA
APPELLANT(S)/RESPONDENTS 1-3 IN WP(C):
1 STATE OF KERALA
REPRESENTED BY THE SECRETARY TO GOVERNMENT, CO-
OPERATION (C) DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM., PIN - 695001
2 THE REGISTRAR OF CO-OPERATIVE SOCIETIES
JAWAHAR SAHAKARANA BHAVAN, DPI JUNCTION, THYCAUD P.O,
THIRUVANANTHAPURAM., PIN - 695014
3 THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL)
ALAPPUZHA, MULLAKKAL, ALAPPUZHA DISTRICT., PIN - 688011
BY SRI. K.GOPALAKRISHNA KURUP (AG)
SRI. T.K VIPINDAS (SR.GP)
SRI. P.P THAJUDEEN (SPL.GP)
SRI. N.MANOJ KUMAR (STATE ATTORNEY)
SRI. IMAM GRIGORIOUS KARAT (GOVT. PLEADER)
RESPONDENT(S)/PETITIONERS & RESPONDENTS 4-7 IN WP(C):
1 SREEKUMARAN K.B
AGED 52 YEARS
S/O.T.G.BALAKRISHNAN NAIR, KOIPURATHU HOUSE, VENMONEY
P.O, CHENGANNUR, ALAPPUZHA DISTRICT., PIN - 689509
2025:KER:38198
WA NO. 12 OF 2025 and conctd. cases 47
2 MADHUSOODHANAN PILLAI
AGED 57 YEARS
S/O.GOPALAKRISHNA PILLAI, KAREELATHARAYIL VEEDU,
VENMONEY P.O, CHENGANNUR, ALAPPUZHA DISTRICT., PIN -
689509
3 THE STATE CO-OPERATIVE ELECTION COMMISSION
REPRESENTED BY ITS SECRETARY, 3RD FLOOR, CO-BANK
TOWERS, VIKAS BHAVAN P.O, THIRUVANANTHAPURAM., PIN -
696033
4 THE ELECTORAL OFFICER
VENMONEY SERVICE CO-OPERATIVE BANK LTD. NO.118,
(ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES
(GENERAL), CHENGANNUR, ALAPPUZHA DISTRICT)., PIN -
689121
5 THE RETURNING OFFICER
VENMONEY SERVICE CO-OPERATIVE BANK LTD. NO.118, (UNIT
INSPECTOR, CHENGANNUR, OFFICE OF THE ASSISTANT
REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL),
CHENGANNUR, ALAPPUZHA DISTRICT)., PIN - 689121
6 THE VENMONEY SERVICE CO-OPERATIVE BANK LTD. NO.118
REPRESENTED BY ITS SECRETARY, VENMONEY P.O, CHENGANNUR,
ALAPPUZHA DISTRICT., PIN - 689509
SRI. C.M NAZAR FOR R3
THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 28.05.2025,
ALONG WITH WA.12/2025 AND CONNECTED CASES, THE COURT ON THE SAME
DAY DELIVERED THE FOLLOWING:
2025:KER:38198
WA NO. 12 OF 2025 and conctd. cases 48
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE AMIT RAWAL
&
THE HONOURABLE MR.JUSTICE K. V. JAYAKUMAR
WEDNESDAY, THE 28TH DAY OF MAY 2025 / 7TH JYAISHTA, 1947
WA NO. 69 OF 2025
AGAINST THE JUDGMENT DATED 30.10.2024 IN WP(C) NO.25821 OF
2024 OF HIGH COURT OF KERALA
APPELLANT(S)/1ST RESPONDENT IN WP(C):
STATE OF KERALA
REPRESENTED BY THE CHIEF SECRETARY, GOVERNMENT
SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001
BY SRI. K.GOPALAKRISHNA KURUP (AG)
SRI. T.K VIPINDAS (SR.GP)
SRI. P.P THAJUDEEN (SPL.GP)
SRI. N.MANOJ KUMAR (STATE ATTORNEY)
SRI. IMAM GRIGORIOUS KARAT (GOVT. PLEADER)
RESPONDENT(S)/PETITIONERS & RESPONDENTS 2-3 IN WP(C):
1 UZHAMALACKAL BABU
AGED 62 YEARS
S/O KUMARAPILLAI, PREETHEEKSHA, THEKKUMKARA,
NEDUMANGAD, PRESIDENT, UZHAMALACKAL HOUSING CO-
OPERATIVE SOCIETY LTD.NO.T.1215, CHARUMMOODU,
PUTHUKULANGARA.P.O., NEDUMANGAD, THIRUVANANTHAPURAM.,
PIN - 695542
2 STATE CO-OPERATIVE ELECTION COMMISSION
3RD FLOOR, CO-BANK TOWERS, VIKAS
BHAVAN.P.O.,THIRUVANANTHAPURAM REPRESENTED BY ITS
SECRETARY, PIN - 695033
2025:KER:38198
WA NO. 12 OF 2025 and conctd. cases 49
3 THE RETURNING OFFICER/UNIT INSPECTOR
UZHAMALACKAL,OFFICE OF THE ASSISTANT REGISTRAR OF CO-
OPERATIVE SOCIETIES (G), NEDUMANGAD, ELECTION TO THE
MANAGING COMMITTEE OF THE UZHAMALACKAL HOUSING CO-
OPERATIVESOCIETY LTD.NO.T.1215, CHARUMMOODU,
PUTHUKULANGARA.P.O., NEDUMANGAD, THIRUVANANTHAPURAM.,
PIN - 695542
SRI. C.M NAZAR FOR R2
THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 28.05.2025,
ALONG WITH WA.12/2025 AND CONNECTED CASES, THE COURT ON THE SAME
DAY DELIVERED THE FOLLOWING:
2025:KER:38198
WA NO. 12 OF 2025 and conctd. cases 50
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE AMIT RAWAL
&
THE HONOURABLE MR.JUSTICE K. V. JAYAKUMAR
WEDNESDAY, THE 28TH DAY OF MAY 2025 / 7TH JYAISHTA, 1947
WA NO. 70 OF 2025
AGAINST THE JUDGMENT DATED 30.10.2024 IN WP(C) NO.21796 OF
2024 OF HIGH COURT OF KERALA
APPELLANT(S)/1ST RESPONDENT IN WP(C):
STATE OF KERALA
REPRESENTED BY THE CHIEF SECRETARY, GOVERNMENT
SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001
BY ADV GOVERNMENT PLEADER
RESPONDENT(S)/PETITIONERS & 2ND RESPONDENT IN WP(C):
1 P. MADHAVAN
AGED 72 YEARS
S/O. BALAKRISHNAN NAIR, PRESIDENT, CHIRANELLUR SERVICE
CO-OPERATIVE BANK LTD. NO. 640, CHIRANELLUR P.O.,
KECHERY VIA, THRISSUR DISTRICT, RESIDING AT PAREKKATTU
HOUSE, THALAKKOTTUKARA P.O., THRISSUR DISTRICT, PIN -
680501
2 P. VIJAYALAKSHMI
AGED 78 YEARS
W/O. RAMAKRISHNAN NAIR, MEMBER, CHIRANELLUR SERVICE CO-
OPERATIVE BANK LTD. NO. 640, CHIRANELLUR P.O., KECHERY
VIA, THRISSUR DISTRICT, RESIDING AT PAREKKATTU HOUSE,
THALAKKOTTUKARA P.O., THRISSUR DISTRICT, PIN - 680501
3 MOHAMMED SALIM
AGED 51 YEARS
S/O. MOHAMMED, MEMBER, CHIRANELLUR SERVICE CO-OPERATIVE
BANK LTD. NO. 640, CHIRANELLUR P.O., KECHERY VIA,
THRISSUR DISTRICT, RESIDING AT THERUVATH HOUSE,
PATTIKKARA, CHIRANELLUR, THRISSUR DISTRICT, PIN -
680501
2025:KER:38198
WA NO. 12 OF 2025 and conctd. cases 51
4 THE STATE CO-OPERATIVE ELECTION COMMISSION
3RD FLOOR, CO BANK TOWERS, VIKAS BHAVAN P.O.,
THIRUVANANTHAPURAM REPRESENTED BY ITS SECRETARY, PIN -
695033
SRI. C.M NAZAR FOR R3
THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 28.05.2025,
ALONG WITH WA.12/2025 AND CONNECTED CASES, THE COURT ON THE SAME
DAY DELIVERED THE FOLLOWING:
2025:KER:38198
WA NO. 12 OF 2025 and conctd. cases 52
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE AMIT RAWAL
&
THE HONOURABLE MR.JUSTICE K. V. JAYAKUMAR
WEDNESDAY, THE 28TH DAY OF MAY 2025 / 7TH JYAISHTA, 1947
WA NO. 101 OF 2025
AGAINST THE JUDGMENT DATED 30.10.2024 IN WP(C) NO.23252 OF
2024 OF HIGH COURT OF KERALA
APPELLANT(S)/1ST RESPONDENT IN WP(C):
STATE OF KERALA
REPRESENTED BY THE CHIEF SECRETARY, GOVERNMENT
SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001
BY SRI. K.GOPALAKRISHNA KURUP (AG)
SRI. T.K VIPINDAS (SR.GP)
SRI. P.P THAJUDEEN (SPL.GP)
SRI. N.MANOJ KUMAR (STATE ATTORNEY)
SRI. IMAM GRIGORIOUS KARAT (GOVT. PLEADER)
RESPONDENT(S)/PETITIONERS & RESPONDENTS 2-4 IN WP(C)
1 P.A. HARISCHANDRAN
AGED 64 YEARS
S/O. P.G. ANANTHANPILLA, MEMBER MANAGING COMMITTEE,
KUMARAKOM SERVICE CO-OPERATIVE BANK LTD. NO. 2298,
KUMARAKOM P.O., KOTTAYAM DISTRICT, RESIDING AT
PUTHENPURAKKAL HOUSE, KUMARAKAM P.O., KOTTAYAM
DISTRICT, PIN - 686563
2 M.K. VIDYADHARAN
AGED 76 YEARS
S/O. LATE KUNJUPANICKER, MEMBER MANAGING COMMITTEE,
KUMARAKOM SERVICE CO-OPERATIVE BANK LTD. NO. 2298,
KUMARAKOM P.O., KOTTAYAM DISTRICT, RESIDING AT
MOZHICHERIL, KUMARAKAM P.O., KOTTAYAM DISTRICT, PIN -
686563
2025:KER:38198
WA NO. 12 OF 2025 and conctd. cases 53
3 C.J. SABU
AGED 61 YEARS
S/O. VARKEY JOHN, MEMBER MANAGING COMMITTEE, KUMARAKOM
SERVICE CO-OPERATIVE BANK LTD. NO. 2298, KUMARAKOM
P.O., KOTTAYAM DISTRICT, RESIDING AT
CHERUPUSHPAVILASAM, KUMARAKAM P.O., KOTTAYAM DISTRICT,
PIN - 686563
4 T.D. BAIJU
AGED 59 YEARS
S/O. A.K. SIVADAS, MEMBER MANAGING COMMITTEE, KUMARAKOM
SERVICE CO-OPERATIVE BANK LTD. NO. 2298, KUMARAKOM
P.O., KOTTAYAM DISTRICT, RESIDING AT THUNDIPARAMBA,
KUMARAKAM P.O., KOTTAYAM DISTRICT, PIN - 686563
5 THE RETURNING OFFICER
UNIT INSPECTOR, KUMARAKAM, THE KUMARAKOM SERVICE CO-
OPERATIVE BANK LTD. NO. 2298, KUMARAKOM P.O., KOTTAYAM
DISTRICT, PIN - 686563
6 THE STATE CO-OPERATIVE ELECTION COMMISSION
3RD FLOOR, CO BANK TOWERS, VIKAS BHAVAN P.O.,
THIRUVANANTHAPURAM, REPRESENTED BY ITS SECRETARY, PIN -
695033
7 KUMARAKOM SERVICE CO-OPERATIVE BANK LTD. NO. 2298
KUMARAKOM P.O., KOTTAYAM DISTRICT, REPRESENTED BY THE
SECRETARY, PIN - 686563
SRI. C.M NAZAR FOR R6
THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 28.05.2025,
ALONG WITH WA.12/2025 AND CONNECTED CASES, THE COURT ON THE SAME
DAY DELIVERED THE FOLLOWING:
2025:KER:38198
WA NO. 12 OF 2025 and conctd. cases 54
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE AMIT RAWAL
&
THE HONOURABLE MR.JUSTICE K. V. JAYAKUMAR
WEDNESDAY, THE 28TH DAY OF MAY 2025 / 7TH JYAISHTA, 1947
WA NO. 259 OF 2025
AGAINST THE JUDGMENT DATED 01.11.2024 IN WP(C) NO.38374 OF
2024 OF HIGH COURT OF KERALA
APPELLANT(S)/RESPONDENTS 1 TO 3 IN WP(C):
1 STATE OF KERALA
REPRESENTED BY ITS CHIEF SECRETARY, GOVERNMENT
SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001
2 SECRETARY
CO-OPERATIVE DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
3 REGISTRAR OF CO-OPERATIVE SOCIETIES
DEPARTMENT OF CO-OPERATION, OFFICE OF THE REGISTRAR OF
CO-OPERATIVE SOCIETIES, JAWAHAR SAHAKARANA BHAVAN, DPI
JUNCTION, THUCAUD P.O., THIRUVANANTHAPURAM, PIN -
695014
BY SRI. K.GOPALAKRISHNA KURUP (AG)
SRI. T.K VIPINDAS (SR.GP)
SRI. P.P THAJUDEEN (SPL.GP)
SRI. N.MANOJ KUMAR (STATE ATTORNEY)
SRI. IMAM GRIGORIOUS KARAT (GOVT. PLEADER)
RESPONDENT(S)/PETITIONERS & RESPONDENTS 4 & 5 IN WP(C):
1 IYPE CHANDAPILLAI
AGED 69 YEARS
S/O CHANDAPILLAI, KOTTAPURATHU HOUSE, CHENNITHALA P.O.,
MAVELIKKARA, PIN - 690105
2025:KER:38198
WA NO. 12 OF 2025 and conctd. cases 55
2 KERALA STATE CO-OPERATIVE ELECTION COMMISSION
REPRESENTED BY ITS ELECTION COMMISSIONER, 3RD FLOOR,
CO-BANK TOWERS, PALAYAM, THIRUVANANTHAPURAM, PIN -
695033
3 CHENNITHALA THRIPPERUMTHURA SERVICE CO-OPERATIVE BANK
LTD. NO. 3553
REPRESENTED BY ITS SECRETARY, CHENNITHALA
THRIPERUMTHURA SCB LTD., CHENNITHALA P.O., MAVELIKKARA,
ALAPPUZHA, KERALA, PIN - 690105
BY ADVS.
SHRI.GEORGE VARGHESE(PERUMPALLIKUTTIYIL)
SRI.MANU SRINATH
SHRI.LIJO JOHN THAMPY
SRI. C.M NAZAR FOR R2
THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 28.05.2025,
ALONG WITH WA.12/2025 AND CONNECTED CASES, THE COURT ON THE SAME
DAY DELIVERED THE FOLLOWING:
2025:KER:38198
WA NO. 12 OF 2025 and conctd. cases 56
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE AMIT RAWAL
&
THE HONOURABLE MR.JUSTICE K. V. JAYAKUMAR
WEDNESDAY, THE 28TH DAY OF MAY 2025 / 7TH JYAISHTA, 1947
WA NO. 1910 OF 2024
AGAINST THE JUDGMENT DATED 30.10.2024 IN WP(C) NO.26409 OF
2024 OF HIGH COURT OF KERALA
APPELLANT(S)/RESPONDENT IN WP(C):
STATE OF KERALA
REPRESENTED BY ITS SECRETARY, GOVERNMENT SECRETARIAT,
CO-OPERATION DEPARTMENT, THIRUVANANTHAPURAM, PIN -
695001
BY SRI. K.GOPALAKRISHNA KURUP (AG)
SRI. T.K VIPINDAS (SR.GP)
SRI. P.P THAJUDEEN (SPL.GP)
SRI. N.MANOJ KUMAR (STATE ATTORNEY)
SRI. IMAM GRIGORIOUS KARAT (GOVT. PLEADER)
RESPONDENT(S)/PETITIONERS IN WP(C):
1 PUDUKKAD SERVICE COOPERATIVE BANK LTD NO. 580
REPRESENTED BY ITS PRESIDENT RAJU T.S. PUDUKKAD,
THRISSUR, PIN - 680301
2 THE BOARD OF DIRECTORS
REPRESENTED BY ITS PRESIDENT PUDUKKAD SERVICE
COOPERATIVE BANK LTD NO. 580, PUDUKKAD, THRISSUR, PIN -
680301
THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 28.05.2025,
ALONG WITH WA.12/2025 AND CONNECTED CASES, THE COURT ON THE SAME
DAY DELIVERED THE FOLLOWING:
2025:KER:38198
WA NO. 12 OF 2025 and conctd. cases 57
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE AMIT RAWAL
&
THE HONOURABLE MR.JUSTICE K. V. JAYAKUMAR
WEDNESDAY, THE 28TH DAY OF MAY 2025 / 7TH JYAISHTA, 1947
WA NO. 2015 OF 2024
AGAINST THE JUDGMENT DATED 30.10.2024 IN WP(C) NO.29045 OF
2024 OF HIGH COURT OF KERALA
APPELLANT(S)/1ST RESPONDENT IN WP(C):
1 STATE OF KERALA
REPRESENTED BY CHIEF SECRETARY, SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
2 THE SECRETARY TO GOVERNMENT
CO-OPERATIVE DEPARTMENT, T/C 25/357(4) GANDHARI AMMAN
KOVIL ROAD,STATU, 7TH FLOOR, AKSHARAMANDHIRAM, HEAD
POST OFFICE P.O THIRUVANANTHAPURAM, PIN - 695001
3 THE REGISTRAR OF CO-OPERATIVE SOCIETIES
DEPARTMENT OF CO-OPERATION, OFFICE OF THE REGISTRAR OF
CO-OPERATIVE SOCIETIES, JAWAHAR SAHAKARANA BHAVAN, DPI
JUNCTION, THYCAUD P.O., THIRUVANANTHAPURAM -, PIN -
695014
BY SRI. K.GOPALAKRISHNA KURUP (AG)
SRI. T.K VIPINDAS (SR.GP)
SRI. P.P THAJUDEEN (SPL.GP)
SRI. N.MANOJ KUMAR (STATE ATTORNEY)
SRI. IMAM GRIGORIOUS KARAT (GOVT. PLEADER)
RESPONDENTS/PETITIONER IN WP(C):
PRESIDENT, THE VENNOOR SERVICE CO-OPERATIVE BANK LTD
NO.675, MELADOOR P.O, THRISSUR DISTRICT, PIN-680741,
PRASAD M.B, AGED 62 YEARS, S/O BALAMENON, MENOKIL
HOUSE, MELADOOR P.O , THRISSUR
THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 28.05.2025,
ALONG WITH WA.12/2025 AND CONNECTED CASES, THE COURT ON THE SAME
DAY DELIVERED THE FOLLOWING:
2025:KER:38198
WA NO. 12 OF 2025 and conctd. cases 58
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE AMIT RAWAL
&
THE HONOURABLE MR.JUSTICE K. V. JAYAKUMAR
WEDNESDAY, THE 28TH DAY OF MAY 2025 / 7TH JYAISHTA, 1947
WA NO. 2029 OF 2024
AGAINST THE JUDGMENT DATED 30.10.2024 IN WP(C) NO.28043 OF
2024 OF HIGH COURT OF KERALA
APPELLANT(S)/RESPONDENTS IN WP(C):
1 STATE OF KERALA
REPRESENTED BY THE CHIEF SECRETARY, GOVERNMENT
SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001
2 STATE OF KERALA
REPRESENTED BY THE SECRETARY TO GOVERNMENT, DEPARTMENT
OF CO-OPERATION, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
3 THE REGISTRAR OF CO-OPERATIVE SOCIETIES
OFFICE OF THE REGISTRAR OF CO-OPERATIVE SOCIETIES,
JAWAHAR SAHAKARANA BHAVAN, DPI JUNCTION, THYCAUD P.O.,
THIRUVANANTHAPURAM, PIN - 695014
BY SRI. K.GOPALAKRISHNA KURUP (AG)
SRI. T.K VIPINDAS (SR.GP)
SRI. P.P THAJUDEEN (SPL.GP)
SRI. N.MANOJ KUMAR (STATE ATTORNEY)
SRI. IMAM GRIGORIOUS KARAT (GOVT. PLEADER)
RESPONDENT(S)/PETITIONER IN WP(C):
N.K. JOSEPH
AGED 75 YEARS
S/O. LATE KOCHU MATHEW, PRESIDENT, KALLETTUMKARA
SERVICE CO-OPERATIVE BANK LTD NO.141, CHALAKUDY TALUK,
KALLETTUMKARA P.O., THRISSUR, RESIDING AT NEREPARAMBIL
HOUSE, VALLAKUNNU P.O. KALLETTUMKARA, THRISSUR
DISTRICT, PIN - 680683
THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 28.05.2025,
ALONG WITH WA.12/2025 AND CONNECTED CASES, THE COURT ON THE SAME
DAY DELIVERED THE FOLLOWING:
2025:KER:38198
WA NO. 12 OF 2025 and conctd. cases 59
'CR'
JUDGMENT
[WA Nos.12/2025, 16/2025, 20/2025, 21/2025, 23/2025,
24/2025, 25/2025, 26/2025, 29/2025, 31/2025, 33/2025,
35/2025, 40/2025, 42/2025, 45/2025, 47/2025, 51/2025,
52/2025, 54/2025, 58/2025, 59/2025, 61/2025, 62/2025,
67/2025, 69/2025, 70/2025, 101/2025, 259/2025, 1910/2024,
2015/2024, 2029/2024]
Amit Rawal, J.
This order shall dispose of thirty three (33) Intra
Court appeals preferred by the State of Kerala against the
judgment of the Single Bench wherein the respondent-
petitioner had challenged the various amendments caused
in the Kerala Co-operative Societies Act, Act No.9 of 2024
by inserting Section 14AA, Sections 28(2A), 32, 33, 34A, 56,
57E and was successful viz-a-viz striking down the
amendment in sub Section 2A of Section 28 and challenge
with regard to the remaining amendment of the Act No.9 of
2024 under the Kerala Co-operative Societies Act did not
find favour.
2. Thus we are only confined to the portion of the
order starting from paragraphs 36 to 56 of the judgment
under challenge pertaining to the findings of the Single
2025:KER:38198
Bench on the amendment introduced by sub Section 2A of
Section 28 of the Act. The amendment caused by
introduction of sub Section 2A of Section 28 inserted by Act
No.9 of 2024 reads as under:
2A) Notwithstanding anything to the contrary
contained in the Act, rules or in the bye-laws of a
credit society, no member of the Committee of a
society shall be eligible for election to the Committee
for more than three consecutive terms, irrespective of
whether the term is in full or in part.
Explanation For the purpose of this sub-section, "credit
society" means the Kerala State Co-operative Bank
Limited, Primary Agricultural Credit Societies, Service
Co-operative Banks, Regional Co-operative Banks,
Rural Banks, Farmer's Service Co-operative Banks,
Urban Co-operative Banks, The Kerala State Co-
operative Agricultural and Rural Development Bank
Limited, Primary Co-operative Agricultural and Rural
Development Bank, Urban Co-operative Societies,
Agricultural Improvement Co-operative Societies,
Employees Credit Societies, Rural Cooperative
Societies, Primary Housing Co-operative Societies and
Kerala State Housing Federation.
3. The aforementioned amendment reveals that no
member of the Committee of the Society shall be eligible
for election to the Committee for more than three
consecutive terms, irrespective of whether the term is in
full or in part. The said amendment as per the explanation
only relates to the credit societies indulging into extending
the facility of loan. The credit societies which would mean
2025:KER:38198
the Kerala State Co-operative Bank Limited, Primary
Agricultural Credit Societies, Service Co-operative Banks,
Regional Co-operative Banks, Rural Banks, Farmer's
Service Co-operative banks, Urban Co-operative Banks, the
Kerala State Co-operative Agricultural and Rural
Development Bank Limited, Primary Co-operative
Agricultural and Rural Development Bank, Urban Co-
operative Societies, Agricultural Improvement Co-operative
Societies, Employees Credit Societies, Rural Co-operative
Societies, Primary Housing Co-operative Societies and
Kerala State Housing Federation.
4. By way of 97th amendment in 2011 inserted with
effect from 15.2.2012, PART IX-B was introduced in the
Constitution of India by inserting Article 243-ZH to ZT.
Article 243-ZJ deals with the number and term of members
of board prescribing that the maximum number of directors
of a Co-operative Society shall not exceed twenty-one (21)
and term of office of elected members of the board and its
office bearers shall be five years from the date of election
and the election as per Article 243-ZK has to be conducted
before the expiry of the term of the board.
2025:KER:38198
5. The superintendence, direction and control of
the preparation of electoral rolls for, and the conduct of, all
elections to a co-operative Society shall vest in such an
authority or body, as provided by the legislature of a State,
by law provided that the Legislature of a State may, by law
provide for the procedure and guidelines for the conduct of
such elections. Article 243-ZK reads as under:
243-ZK. Election of members of board.-(1)
Notwithstanding anything contained in any law
made by the Legislature of a State, the election of a
board shall be conducted before the expiry of the
term of the board so as to ensure that the newly
elected members of the board assume office
immediately on the expiry of the term of the office of
members of the outgoing board.
(2) The superintendence, direction and control of the
preparation of electoral rolls for, and the conduct of,
all elections to a co-operative society shall vest in
such an authority or body, as may be provided by the
Legislature of a State, by law:
Provided that the Legislature of a State may, by law,
provide for the procedure and guidelines for the
conduct of such elections.
6. 243-ZI deals with the incorporation of the
Co-operative Societies. The same reads thus:
243-Z1. Incorporation of co-operative societies.
Subject to the provisions of this Part, the Legislature
of a State may, by law, make provisions with respect
to the incorporation, regulation and winding up of co-
2025:KER:38198
operative societies based on the principles of
voluntary formation, democratic member-control,
member-economic participation and autonomous
functioning.
7. On perusal of Article 243-ZI, it envisages the
legislature of a State may, by law, make provisions with
respect to the incorporation, regulation etc much less the
autonomous functioning of the Society.
8. Simultaneously amendment was also caused in
Article 19 of the Constitution of India dealing with
protection of certain rights regarding freedom of speech,
etc and under Article 19 (1)(c) extended right to form
associations or unions also included Co-operative Societies.
No doubt, the aforementioned provisions though granted
the right to individual to form the Co-operative Societies as
a fundamental right but the question which arises for
adjudication is 'Whether the right to contest an election
would relate to the amendment caused in incorporation of
Section 19(1)(c) or not'. In other words, 'whether right to
contest an election is a fundamental right or a common
right'.
9. There has already been an adjudication on this
2025:KER:38198
issue when the State legislature of Haryana Government
incorporated an amendment in the Haryana Panchaythi Raj
Act, 1994 by incorporating the amendment in Section
175(1)(q) of the Haryana Panchayati Raj Act by forbidding a
member of the Panchayats or Zila Parishads to continue as
a member of the Panchayat, who has more than two living
children. Meaning thereby, having more than two children
was introduced as a disqualification. The aforementioned
amendment was challenged before the High Court of
Punjab and Haryana and the same was dismissed and the
matter reached the Supreme Court in Javed and Others v.
State of Haryana and Others (2003 (8) SCC 369). In the
aforementioned judgment in paragraph 21, it was noticed
that whether an amendment caused in the Act prohibiting
the member of the Panchayat having more than two
children to conduct the election is a fundamental right or a
common law. While dealing with the aforementioned
question, relied upon the various judgments, it was held
that the right to elect, though fundamental but is,
anomalously enough to be neither a fundamental right nor
a common law right. It is pure and simple, a statutory right
2025:KER:38198
ie., the right to be elected and the right to dispute and
election. The statutory creations are always subject to
statutory limitation. Thus for all intents and purposes, the
right to elect and contest election with statutory
disqualifications cannot be a violation of fundamental
rights.
10. The grounds which weighed with the Single
Bench in striking out the amendment caused in Section
28(2A) of the Act primarily has been on the premise of
being a fundamental right, autonomous power given to the
Society to incorporate such conditions in the bye-laws of
the Society with no power to the State legislature to cause
amendment in the statute barring a member for contesting
the elections who had been a member for a period of three
years. Paragraph 36 to 56 of the findings of the Single
Bench dealing with the vires of the amendment under sub
Section 2A of Section 28 read thus:
36. Challenge to Section 28(2A) Section 28 of the
Kerala Co-operative Societies Act, 1969 makes
provisions for constitution of Committee for the
management of the affairs of the Society. The
Section provides that the General body of a
Society shall constitute a Committee, for a period
of five years, in accordance with the bye-laws and
entrust the Management of the affairs of the
2025:KER:38198
Society to such Committee. Sub-section (2A) which
is incorporated by addition as per the Act 9 of
2024 reads as follows:
(2A) Notwithstanding anything to the
contrary contained in the Act, rules or in
the bye-laws of a credit society, no
member of the Committee of a society
shall be eligible for election to the
Committee for more than three
consecutive terms, irrespective of
whether the term is in full or in part.
Explanation -- For the purpose of this
sub-section, "credit society" means the
Kerala State Co-operative Bank Limited,
Primary Agricultural Credit Societies,
Service Co-operative Banks, Regional Co-
operative Banks, Rural Banks, Farmer's
Service Co-operative Banks, Urban Co-
operative Banks, The Kerala State Co-
operative Agricultural and Rural
Development Bank Limited, Primary Co-
operative Agricultural and Rural
Development Bank, Urban Co-operative
Societies, Agricultural Improvement Co-
operative Societies, Employees Credit
Societies, Rural Cooperative Societies,
Primary Housing Co-operative Societies
and Kerala State Housing Federation.
By the said amendment, Members of Managing
Committees of Societies are restrained from
contesting in the election to the Managing
Committees for more than three consecutive
terms, irrespective of whether the term is in full or
in part.
37. Going by Section 28(2A), such restraint will
apply only to the members of a Credit Society. The
explanation under Section 28(2A) defines the term
"Credit Society" to mean the Kerala State Co-
operative Bank Limited, Primary Agricultural
Credit Societies, Service Co-operative Banks,
Regional Co-operative Banks, Rural Banks,
Farmers Service Co-operative Banks, Urban Co-
2025:KER:38198
operative Banks, the Kerala State Co-operative
Agricultural and Rural Development Bank Limited,
Primary Co-operative Agricultural and Rural
Development Bank, Urban Co-operative Societies,
Agricultural Improvement Co-operative Societies,
Employees Credit Societies, Rural Co-operative
Societies, Primary Housing Cooperative Societies
and Kerala State Housing Federation.
38. Article 19 of the Constitution of India protects
certain rights regarding freedom of speech, etc. By
virtue of the Constitution (97th Amendment) Act,
2011 under Article 19(1)(c), the words co-operative
societies are added. Article 19(1)(c) reads as
under:
19. Protection of certain rights
regarding freedom of speech,
etc. -
(1) All citizens shall have the
right -
***
(c) to form associations or
unions or cooperative societies.
Article 19(1)(c) therefore guarantees the freedom
to form associations, unions and co-operative
societies. The right to form a co-operative society
is, therefore, raised to the level of a fundamental
right, guaranteed under the Constitution of India.
39. The newly inserted Article 43-B of the
Constitution provides that the State shall
endeavour to promote voluntary formation,
autonomous functioning, democratic control and
professional management of co-operative
societies. By virtue of the above said amendment,
Part IXB was also inserted containing Articles 243-
ZH to 243-ZT. The co-operative societies are,
however, not treated as units of self government,
like Panchayats and Municipalities. It has been
held so by the Hon'ble Apex Court in Thalappalam
Service Co-operative Bank Limited and others
(supra).
40. The Apex Court in the judgment in Association
2025:KER:38198
for Democratic Reforms and another (Electoral
Bond Scheme) (supra) has held that it is now a
settled position of law that a statute can be
challenged on the ground that it is manifestly
arbitrary and that the courts while testing the
validity of a law on the ground of manifest
arbitrariness have to determine if the statute is
capricious, irrational and without adequate
determining principle, or something which is
excessive and disproportionate.
41. After the Constitution (97th Amendment) Act,
2011 which came into with effect from
15.02.2012, the promotion of Co-operative
Societies is a Directive Principle of State policy.
Article 43-B of the Constitution mandates that the
State shall endeavour to promote voluntary
promotion, autonomous functioning, democratic
control and professional management of Co-
operative Societies. Promotion of Co-operative
Societies being a directive principle now, any
steps taken by the State shall ensure and satisfy
the requirements contained in Article 43-B.
Autonomous functioning and democratic control
are key words used in Article 43-B. Autonomous
functioning means the ability of a person or body
of persons to perform independently the various
tasks required by the person / body of persons.
Autonomous functioning contemplates members of
the Society complete essential tasks of their
position without direct supervision or oversight.
42. The statements of objects and reasons of the
97th amendment of the Constitution states that a
strong need has been felt for amending the
Constitution so as to keep the cooperatives free
from unnecessary outside interferences and also
to ensure their autonomous organisational set up
and their democratic functioning.
43. Part IX-B has been inserted by the
Constitution (97th Amendment) Act, 2011. Article
243-ZI relates to incorporation of Co-operative
Societies. Article 243-ZI provides that the
Legislature of a State may, by law, make
2025:KER:38198
provisions with respect to the incorporation,
regulation and winding up of Cooperative
Societies based on the principles of voluntary
formation, democratic member-control, member-
economic participation and autonomous
functioning. Article 243-ZK provides for election of
members to the Board of Co-operative Societies.
Article 243-ZK(1) provides that notwithstanding
anything contained in any law made by the
Legislature of the State, the election of a Board
shall be conducted before the expiry of the term of
the Board so as to ensure that newly elected
members of the Board assume office immediately
on the expiry of the term of the office of members
of the outgoing Board. Article 243-ZK(2) provides
that the superintendence, direction and control of
the preparation of electoral rolls for, and the
conduct of all elections to a Co-operative Society
shall vest in such an authority or Body, as may be
provided by the Legislature of a State, by law.
The proviso to Article 243-ZK empowers the
legislatures of State to provide for the procedure
and guidelines for the conduct of such elections.
44. It is the mandate of Article 243-ZI that any law
made by the Legislature of a State for
incorporation, regulation and winding up of Co-
operative Societies should be based on the
principles of voluntary formation, democratic
member-control, member-economic participation
and autonomous functioning. Though Article 243-
ZK empowers Legislatures of States to constitute
an Authority or Body for the conduct of elections
to the Co-operative Societies, the Article provides
that law that may be made by the Legislature for
conduct of elections may provide for the
procedure and guidelines for the conduct of such
elections. The Constitution of India requires the
State only to prescribe procedure and guidelines
for the conduct of such election.
45. The words "autonomous functioning"
appearing in Article 243-ZI would necessarily
mean that the State intervention in the functioning
of Co-operative Societies should be minimal. The
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powers granted under Article 243-ZI to make laws
is confined to incorporation, regulation and
winding up of Co-operative Societies. Prescribing
arbitrary eligibility conditions for participating in
election to the Managing Committee of Co-
operative Societies would amount to interference
with the autonomous functioning of Co-operative
Societies.
46. Electing a Managing Committee to administer
the Society is one of the important functions which
is to be discharged by the members of the Society.
The law assumes that members of the Society are
competent to decide who among the members of
the Society would be able to manage the affairs of
the Society most effectively. When the State puts
conditions of eligibility on members of the Society
to be being elected to the Managing Committee,
such conditions should be conducive to the
autonomous functioning of the Society based on
democratic control as contemplated by Article 43-
B.
47. In the judgment in Pravinsinh Indrasinh
Mahida v. State of Gujarat [2021 SCC Online Guj
1293], a Division Bench of the Hon'ble High Court
of Gujarat held that a legislation can be
discriminatory when it does not disclose any
object which could be said to be reasonable or in
public interest, and secondly, the differentiation,
which is sought to be made, has no nexus with the
object sought to be achieved The object and
reason behind the amendment as is evident from
the pleading and arguments of the respondents, is
to save vested interest in the management of the
Co-operative Societies.
48. The Hon'ble High Court of Gujarat held in
Pravinsinh Indrasinh Mahida (supra) that in order
to strike down a delegated legislation as arbitrary,
it has to be established that the same is manifestly
arbitrary. The expression "arbitrary" means in an
unreasonable manner, as fixed or done
capriciously or at pleasure, without adequate
determining principle, not founded in the nature
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of things, non rational, not done or acting
according to reason or judgment, depending on
the will alone.
49. The restraint imposed by the addition of
Section 28(2A) on members being elected to the
Committee again after three consecutive terms,
presumably is intended to avert any vested
interest being developed among the Members of
the Committee due to long tenure in office. It is
true that on the Executive side of the State, tenure
restrictions are prescribed by executive orders
and administrative instructions by which
Government Servants are restrained from
continuing in one territorial area for more than
the tenures fixed. Such tenure restrictions are
fixed in order to avert possibility of developing
vested interest in any territorial area. However,
members of Co-operative Societies who are
elected to hold positions in the Managing
Committee cannot be treated at par with
Government servants. Members of the Managing
Committee of a Co-operative Society holds a
position where they are imposed with the
responsibility of taking important decisions in the
administration of the Society. Longer experience
gained by such persons would only be beneficial to
the Co-operative Society and its members.
50. Co-operative Societies being institutions
functioning autonomously, such anxieties of vested
interest should be best left to be confronted by the
General body of Members itself. If the General
body of a Society feels that long continuance of
Members in the Managing Committee would
adversely affect the management and affairs of the
Society, the General body can incorporate such
conditions in the bye-laws of the Society. When
State imposes such restraint, it would indeed
amount to interference with the autonomy of the
Societies and interference with the right of the
General body of a Society to elect best among its
Members to the Managing Committee.
51. The Societies are expected to function in a
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democratic manner. The term "democratic
control" appearing in Article 43-B does not mean
that State shall control the Societies on the basis
of majority opinion of the Legislature or of any
other external Bodies. The term "democratic
control" in Article 43-B contemplates that
Societies should be functioning in a democratic
manner and the State shall strive to ensure that
the Societies are run in a democratic manner.
When the Legislature makes arbitrary rules
regulating the conditions and qualifications for
being elected to the Managing Committee of a Co-
operative Society, that would indeed be an affront
to the right of the members of the Society to run
the Society in a democratic manner. It is to be
noted that the credentials of Co-operative
Societies, which are mostly functioning in rural
and semi urban areas in Kerala, depend on the
trustworthiness of the Members of the Managing
Committee of the Societies.
52. In Krishnamoorthy v. Sivakumar and others
[(2015) 3 SCC 467], the Apex Court quoted the
judgment of Privy Council in King Emperor v.
Sibnath Banerji and othes [AIR 1945 PC 156] and
held that freedom in the exercise of the judgment
which engulfs a voter's right, a free choice, in
selecting the candidate whom he believes to be
best fitted to represent the Constituency, has to be
given due weightage. The Hon'ble Apex Court in
Jyoti Basu and others v. Debi Ghosal and others
[(1982) 1 SCC 691] held as follows:
7. The nature of the right to elect,
the right to be elected and the right
to dispute an election and the
scheme of the Constitutional and
statutory provisions in relation to
these rights have been explained by
the Court in N.P. Ponnuswami v.
Returning Officer, Namakkal
Constituency and Jagan Nath v.
Jaswant Singh. We proceed to state
what we have gleaned from what
has been said, so much as
necessary for this case.
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8. A right to elect, fundamental
though it is to democracy, is,
anomalously enough, neither a
fundamental right nor a Common
Law Right. It is pure and simple, a
statutory right. So is the right to be
elected. So is the right to dispute an
election. Outside of statute, there is
no right to elect, no right to be
elected and no right to dispute an
election. Statutory creations they
are, and therefore, subject to
statutory limitation. An Election
petition is not an action at Common
Law, nor in equity. It is a statutory
proceeding to which neither the
Common Law nor the principles of
Equity apply but only those rules
which the statute makes and
applies. It is a special jurisdiction,
and a special jurisdiction has always
to be exercised in accordance with
the statute creating it. Concepts
familiar to Common Law and Equity
must remain strangers to Election
Law unless statutorily embodied.
The afore view has been reiterated by the Apex
Court in the judgment in Arikala Narasa Reddy v.
Venkata Ram Reddy Reddygari and another
[(2014) 5 SCC 312].
53. It may be noted that the cases where it has
been held that right to be elected is not a
statutory or common law right are cases relating
to election to bodies which are creature of
statutes. As far as private bodies / organisations
are concerned, the right to contest in elections
will be governed by their own rules. Even if
functioning of such bodies are regulated by the
Government through statutes, the State cannot
interfere with the democratic functioning of such
bodies imposing arbitrary conditions for eligibility
to contest in elections.
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54. There cannot be a legal assumption or
invariable rule that members being elected to the
Managing Committee of a Co-operative Society
would develop vested interest and they will be
incompetent to have their say in the management
and affairs of a Co-operative Society. Such
restraint is not existing in any other democratic
institutions like Parliament / State Legislatures or
even in Local Self Government Institutions
governed by Panchayat Raj Act. There cannot be a
blanket assumption that members being elected to
Managing Committee repeatedly and continuously
will act to the detriment of the Societies. Even if
there is likelihood of developing vested interest,
being a democratically functioning institution, it is
for the Members / General body of a Co- operative
Society to address such issues.
55. Furthermore, the restraint on a Member of the
Committee of the Society being elected
consecutively for the fourth term is imposed only
on Credit Societies as defined under the
Explanation given below Section 28(2A). If a
Member being elected to the Managing
Committee of any other Society for the fourth
consecutive term, will not develop vested interest,
then there need not be a distinction between
Credit Societies and other Societies. The State is
constitutionally bound to endeavour to promote all
Cooperative Societies irrespective of whether such
Societies are Credit Societies or not. Section
28(2A) is therefore highly arbitrary and grossly
discriminatory.
56. Section 28(2A) added to the Kerala Co-
operative Societies Act, 1969 by the Act 9 of 2024
therefore is irrational and manifestly arbitrary.
Section 28(A) cannot stand the scrutiny of Article
14 of the Constitution of India. Section 28(2A) is
therefore declared as illegal and unconstitutional.
11. It is in that background, the intra court1
appeals have been preferred on behalf of the State.
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12. Sri. K. Gopalakrishna kurup, learned Advocate
General along with Sri. T.K Vipindas, Senior Government
Pleader and Sri. P.P Thajudeen, Special Government
Pleader raised the following submissions:
(i) No doubt, Article 19(1)(c) of the Constitution of India
provided the autonomy to the Co-operative Society but that
do not relate to the elections giving innumerable chances to
a person from contesting as a member of the Society as the
aforementioned amendment applies only to the credit
Societies who are dealing with the disbursement of loans.
(ii) The learned Single Judge, gravely erred in concluding
that the unfettered right to contest the election to the
committee of a Credit Societies without any term
restrictions was sine qua non for autonomy and democratic
control of the Society.
(iii) The learned Single Judge overlooked the common
feature of a Credit Society that they are the Society raising
the funds and giving loans to the members for all kind of
activities to be undertaken by the Societies which are
mainly handling cash of the depositors of the Society
concerned. There was no hostile discrimination by causing
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an amendment much less violation of Article 14 of the
Constitution of India.
(iv) The amendment to Section 28 (2A) did not impinge
upon any fundamental rights guaranteed under Part III of
the Constitution of India. It is trite and settled law that a
legislation is manifestly arbitrary if it is capricious,
irrational and/or without adequate determined principle.
There is nothing excessive or disproportionate in the
mandate of Section 28 (2A) rather the amendment
conforms to the norms which are rational and guided by
public interest, for, the practice of the same person holding
the office committee for a number of period in the past had
adversely affected the working of a society in as much as
that numerous cases of surcharge under Section 68 of the
Co-operative Societies Act have been initiated much less
registration of the crime cases and in few cases also
involved money laundering and Enforcement Director has
also taken cognizance.
(v) PART IX-B of the Constitution is applicable only to the
multi state co-operative Societies and therefore Article 243-
ZI emphatically relied upon by the Single Judge giving
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autonomy to the Society would not mean that the
legislature is denuded from causing the amendment, for on
plain and simple reading of the Article 243-ZA the
superintendence, direction and control of the preparation
of electoral rolls for, and the conduct of, all election to the
co-operative Society is always vested with the authority or
body as provided by the legislature of the State.
(vi) Thus by causing an amendment restricting the term of
the member from contesting the election is totally
inconsance with the provisions of Article 243-ZK. In
support of the contentions relied upon the judgment of the
Bombay High Court in Shivaji Ramachandra More, Kolhapur
and others v. State of Maharashtra (1988 Mh.L.J 856) and of
the Supreme Court in Javed and Others v. State of Haryana
and Others (2003 (8) SCC 369) pertaining to the
amendment caused in the Haryana Panchayat Raj Act.
13. On the contrary Mr.George Poonthottam,
learned senior counsel and other counsels supported the
findings of the Single Bench and controverted the
argument of the learned Advocate General by raising the
following submissions:
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(i) Section 28 of the Kerala Co-operative Societies Act
stipulates the appointment of committee for a period of five
years in accordance with the bye-laws and entrust the
management of the affairs of the society to such committee.
(ii) By way of an amendment, restriction has been
imposed on members of the committee to contest the
elections for more than three consecutive terms; such is
unreasonable.
(iii) Co-operative Society is functioning in a democratic,
professional, autonomous and economically sound manner.
There is no rational behind the restrictions imposed upon
the members of the Committee of the Credit Society to
contest the elections.
(iv) The amendment does not satisfy the reasonableness
much less not based upon an intelligible differentia.
Legislation is entirely incompatible and inconsistent with
the co-operative principles which mandate ensuring
democratic member control, autonomy and independence.
In support of the contentions, relied upon judgment of the
Gujarat High Court in Pravinsinh Indrasinh Mahida v. State
of Gujarat (2021 SCC online Guj 1293).
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80. Article 14 has two clear facets which are
invalid. One is over classification and the other is
under classification, which is otherwise, over
inclusiveness or under inclusiveness. The judicial
review of over classification should be done very
strictly. In the cases of under classification when the
complaint is either by those who are left out or those
who are in i.e. that the statute has roped him in, but a
similarly situated person has been left out, it would be
under inclusion. It is to say that you ought to have
brought him in to make the classification reasonable.
It is in such cases that the Courts have said that who
should be brought in, should be left to the wisdom of
the legislature because it is essentially a stage where
there should be an element of practicality. Therefore,
the cases of under inclusion can be reviewed in a little
liberal manner. The under inclusion argument should
not very readily be accepted by the Court because the
stage could be experimental. For instance, if the
argument is in context with Section 74C that some
other category of society has been left out, the Court
would say that it is under inclusion. The legislature
does not have to bring in everybody to make it
reasonable. The case on hand is one of active
exclusion. Had the Sugar societies been left out or the
voters been excluded in Section 74C at the first
instance and they came in to say that the State ought
to have included us, the test would have been very
strict, not that it would be impervious to review. The
Court would be justified in not entertaining such
complaint saying that the State should be given some
freedom whom to include or whom not to include. The
Sugar societies have come at the stage where they are
excluded. They are saying that having treated us as
one, you cannot exclude us now in an arbitrary
manner. This is not exclusion or inclusion at the
threshold or the first stage. This is active positive
leaving out single legislation single category
legislation constantly eliminating where the principles
do not apply of that of under inclusion.
(v) The legislature does not have to bring in everybody to
make it reasonable. It was a case where certain Society
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were left out, for, the voters were excluded, it was found
that the legislature cannot exclude one set, which would be
wholly arbitrary.
(vi) Article 43B, PART IV, Directive Principles of State
Policy envisages that the State shall endevour to promote
voluntary formation, autonomous functioning, democratic
control and professional management of co-operative
societies, which has been rightly applied by the learned
Single Bench in striking down the vires of the amendment
under challenge.
14. Sri. K. Gopalakrishna Kurup, learned Advocate
General, in rebuttal relied upon the judgment of the
Supreme Court in Union of India v. Rajendra N.Shah and
another (2021 SCC online SC 274) wherein the vires of the
constitution 97th amendment Act, 2011 which introduced
Part IX B under the Heading 'Co-operative Societies' was
held to be validly incorporated, it will not impact the
amendment which have been made under Article 19(1)(c) of
the Constitution of India.
15. We have heard the learned counsel for the
parties and appraised the paper book. The credit Societies
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in the State of Kerala as mentioned above are dealing with
collecting the money from the depositors and also
extending the facility of loan to the needy persons subject
to the adjudication of certain requirements which is in
common parlance for execution of mortgage deed or
deposits of the title deeds or any movable or tangible
property. There has been a spate of litigation at the
instance of the depositors seeking return of their money on
maturity of the fixed deposits for the Credit Societies, as
element of interest in the credit Societies is 1% more than
the Nationalized banks but despite in request, the Society
has not come forward entailing into various litigations in
this Court which has been contested and while dealing with
such litigation this Court has also been apprised that
various criminal cases have been registered against the
erstwhile members who had been holding the coveted
positions in the Society for numerous years having been
elected in each and every election and indulging into
disbursement of the loan without complying with the
statutory provisions or violating the bye-laws of the Society
resulting into initiation of surcharge proceedings as
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envisaged under Section 68 of the Co-operative Societies
Act. The same reads as under:
68. Surcharge:- (1) If in the course of an audit,
inquiry, inspection or the winding up of a society, it is
found that any person, who is or was entrusted with
the organisation or management of such society or
who is or has at any time been an officer or an
employee of the society, has made any payment
contrary to the Act and the rules or the bye-laws, or
has caused to any loss or damage in the assets of the
society by breach of trust or wilful negligence or
mismanagement or has misappropriated or
fraudulently retained any money or other property
belonging to such society or has destroyed or caused
the destruction of the records, the Registrar may, of
his own motion or on the application of the committee,
liquidator or any creditor, inquire himself or direct
any person authorised by him by an order in writing in
this behalf, to inquire into the conduct of such person.
(2) Where an inquiry is made under sub-section (1),
the Registrar may, after giving the person concerned
an opportunity of being heard, by order in writing,
require him to repay or restore the money or other
property or any part thereof, with interest at such
rate, or to pay contribution and costs or compensation
to such extent, as the Registrar may consider just and
equitable].
(3) Where the money, property, interest, cost or
compensation is not repaid or restored as per sub-
section (2), the Registrar shall take urgent steps to
recover such amounts from the concerned persons as
arrears of public revenue due on land as specified in
Section 79 of the Act.]
16. In those proceedings, it was also disclosed that
crime cases have been registered much less Enforcement
Directorate has also, in various cases, taken note as the
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misappropriation is running at crores of rupees. In order to
have checks and balances, as per the provisions of Article
243-ZK, legislature is not prevented from prescribing a
procedure and guidelines for the conduct of the elections.
17. In order to prevent the misuse of the power the
legislature in the wisdom caused an amendment by
introduction of sub Section 2A of Section 28 Act barring a
member of Society to contest the election if he or she had
been the member of the Society for three terms with an aim
to eliminate unhealthy practice which is resultant of
abnormal long continuance of a particular person in the
same office. We cannot remain unmindful of the fact that
the credit Societies are dealing with the money matters
with the members including the nominated members who
are not having voting rights. The practice of the person
holding the same post in the managing committee for a
longer period has in the past adversely affected the
working of the Society. It is in that background, a
reasonable restriction disqualifying the members from
contesting the election who have been elected member of
Society for more than three years. On the basis of some
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enquiry, it is a matter of record that the same very
managing committee members an office bearers are
continuing in the administration for a pretty long period in
the committee and large scale irregularities have been
committed.
18. In the State nearly more than sixteen thousand
(16000) Societies are functioning under the administrative
control of the Co-operative Registrars and more than five
thousand (5000) Societies under the functional Registrars.
Since the existence of credit Society is inevitable for the
very existence of our economy of the State, every steps to
eradicate unhealthy practices are to be eliminated through
legislation.
19. In Shivaji Ramachandra More (supra) the
controversy involved before the Bombay High Court was on
account of promulgation of an ordinance prohibiting the
person who had already served for two terms or more or for
6 years from continuing as members and contesting
election to various bodies of the Universities. The gist of
the findings recorded in paragraphs 5,6,7,8 and 11
disclosed that the ordinance is not prohibitive, arbitrary or
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discriminatory on the premise that there is no fundamental
right in any person to stand as a candidate for election to
Senate or Executive Council.
20. Right to contest an election is a statutory right
and not a common law right. It is a special right created by
the statute and can only be exercised on the conditions laid
down by the statute itself. Therefore, such act of the
legislature much less the purpose of the legislature in
passing a statute, is beyond the scrutiny of the Courts. It
cannot said to be discriminatory. Paragraph 11 to 13 of
the judgments reads thus:
11. The challenge based on Article 14 of the
Constitution i.e. that different terms are laid down for
different categories of the members and therefore, the
provision is discriminatory, is also without any
substance. Whatever may be the term of office the
enactment uniformly lays down that no person will
hold such an office and be eligible for being elected, if
he is holding the office for two terms or more and to
avoid any uncertainty in the matter, an outer limit is
also laid down, that is, for a period of 6 years in
aggregate. This is nothing but a logical extension of
the terms of office laid down by the Act itself.
Therefore, it cannot be said that it is discriminatory.
Persons elected from the different constituencies and
to different bodies belong to different classes and
therefore, there is no discrimination between the
persons belonging to same class nor unequals are
treated equally. Therefore we do not find any
substance in the said contention also.
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12. Once it is held that a right to stand as a candidate
is not a civil right but is a creature of a statute or a
special law, and must therefore, be subjected to the
limitation imposed by it, and there is no fundamental
right to stand for election as a candidate, the
challenges raised before us must stand negatived.
13. However, it was contended by Shri Agrawal that
there is absolute prohibition to contest the election
after the requisite period is over. In analogous law,
such as Maharashtra Co-operative Societies
Act, Section 73A(5), a person is allowed to contest the
election after a gap of one term. At least such a
provision should have been made in the present
legislation. This is a matter of policy with which we
are not concerned. In this context a reference could
usefully be made to the following observations of the
Supreme Court in , Maharashtra State Board of
Secondary and Higher Secondary Education v.
Paritosh Bhupesh Kurmarshetha.
"16............... The Court cannot sit in
judgment over the wisdom of the policy
evolved by the legislature and the
subordinate regulation making body. It
may be a wise policy which will fully
effectuate the purpose of the enactment or
it may be lacking in effectiveness and
hence calling for revision and
improvement. But any drawbacks in the
policy incorporated in a rule or regulation
will not render it ultra vires and the court
cannot strike it down on t he ground that
in its opinion, it is not a wise or prudent
policy, but is even a foolish one, and that it
will not really serve to effectuate the
purposes of the Act. The legislature and
its delegate are the sole repositories of the
power to decide what policy should be
pursued in relation to matters covered by
the Act and there is no scope for
interference by the court unless the
particular provision impugned before it
can be said to suffer from any legal
infirmity, in the sense of its being wholly
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beyond the scope of the regulation making
power or its being inconsistent with any of
the provisions of the parent enactment or
in violation of any of the limitations
imposed by the Constitution......"
Further an academic institution like University cannot
be equated with a co-operative society. Further forum
where such a grievance could be raised is the
Legislature and not the Court.
21. Similarly, as noticed above, the State of
Haryana had also caused an amendment of Section 175 of
the Haryana Panchayat Raj Act disqualifying the members
to contest for the member of the Panchayat, if he or she
had more than two living children. The said amendment
was also challenged on various grounds like discrimination,
powers of the legislation, arbitrariness etc., and in
paragraphs 21 to 25, the Hon'ble Supreme Court in the
judgment Javed (supra) held as under:
21. Before testing the validity of the impugned
legislation from the viewpoint of Articles 21 and 25, in
the light of the submissions made, we take up first the
more basic issue - Whether it is at all permissible to
test the validity of a law which enacts a
disqualification operating in the field of elections on
the touchstone of violation of fundamental rights?
22.Right to contest an election is neither a
fundamental right nor a common law right. It is a right
conferred by a Statute. At the most, in view of Part IX
having been added in the Constitution, a right to
contest election for an office in Panchayat may be said
to be a constitutional right __ a right originating in
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Constitution and given shape by statute. But even so it
cannot be equated with a fundamental right. There is
nothing wrong in the same Statute which confers the
right to contest an election also to provide for the
necessary qualifications without which a person
cannot offer his candidature for an elective office and
also to provide for disqualifications which would
disable a person from contesting for, or holding, an
elective statutory office.
23. Reiterating the law laid down in N.P. Ponnuswami
Vs. Returning Officer, Namakkal Constituency (1952)
SCR 218, and Jagan Nath Vs. Jaswant Singh and Ors.,
1954 SCR 892, this Court held in Jyoti Basu and Ors.
Vs. Debi Ghosal and Ors., (1982) (1) SCC 691, - "A
right to elect, fundamental though it is to democracy,
is, anomalously enough, neither a fundamental right
nor a common law right. It is pure and simple, a
statutory right. So is the right to be elected. So is the
right to dispute an election. Outside of statute, there is
no right to elect, no right to be elected and no right to
dispute an election. Statutory creations they are, and
therefore, subject to statutory limitation."
24.In Jumuna Prasad Mukhariya and Ors. Vs. Lachhi
Ram and Ors., (1955) 1 SCR 608, a candidate at the
election made a systematic appeal to voters of a
particular caste to vote for him on the basis of his
caste through publishing and circulating
leaflets. Sections 123(5) and 124(5) of the
Representation of the People Act, 1951, were
challenged as ultra vires of Article 19(1)(a) of the
Constitution, submitting that the provisions
of Representation of the People Act interfered with a
citizen's fundamental right to freedom of speech.
Repelling the contention, the Constitution Bench held
that these laws do not stop a man from speaking. They
merely provide conditions which must be observed if
he wants to enter Parliament. The right to stand as a
candidate and contest an election is not a common law
right; it is a special right created by statute and can
only be exercised on the conditions laid down by the
statute. The Fundamental Rights Chapter has no
bearing on a right like this created by statute. The
appellants have no fundamental right to be elected
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and if they want to be elected they must observe the
rules. If they prefer to exercise their right of free
speech outside these rules, the impugned sections do
not stop them. In Sakhawat Ali Vs. The State of Orissa,
(1955) 1 SCR 1004, the appellant's nomination paper
for election as a councillor of the Municipality was
rejected on the ground that he was employed as a
legal practitioner against the Municipality which was a
disqualification under the relevant Municipality Act. It
was contended that the disqualification prescribed
violated the appellant's fundamental rights guaranteed
under Article 14 and 19(1)(g) of the Constitution. The
Constitution Bench held that the impugned provision
has a public purpose behind it, i.e., the purity of public
life which would be thwarted where there was a
conflict between interest and duty. The
Constitution Bench further held that the right of the
appellant to practise the profession of law guaranteed
by Article 19(1)(g) cannot be said to have been
violated because in laying down the disqualification
the Municipal Act does not prevent him from
practising his profession of law; it only lays down that
if he wants to stand as a candidate for election he shall
not either be employed as a paid legal practitioner on
behalf of the Municipality or act as a legal practitioner
against the Municipality. There is no fundamental
right in any person to stand as a candidate for election
to the Municipality. The only fundamental right which
is guaranteed is that of practising any profession or
carrying on any occupation, trade or business. The
impugned disqualification does not violate the latter
right. Primarily no fundamental right is violated and
even assuming that it be taken as a restriction on his
right to practise his profession of law, such restriction
would be liable to be upheld being reasonable and
imposed in the interests of general public for the
preservation of purity in public life.
25.In our view, disqualification on the right to contest
an election by having more than two living children
does not contravene any fundamental right nor does it
cross the limits of reasonability. Rather it is a
disqualification conceptually devised in national
interest.
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22. The pith and substance of the findings extracted
above, leaves no manner of doubt that the right to stand as
a candidate and contest election is not a common law right
but a special right created by a statute and can be only
exercised on the conditions laid down by the statute. It is
not a fundamental right as observed by the Single Bench
much less to be violative of directive principles as per
Article 43B of the Constitution of India, PART IV, Directive
Principles of State Policy. These two factors have not been
pondered while striking down the amendment in the
judgment under challenge. The whole focus had been only
on the autonomy of the Society. Meaning thereby, the
Society, in view of the autonomy granted will be like a plant
'touch me not' which is not the main purpose and object of
the introduction of amendment of the constitution of India.
No reasoning or rational has been assigned while rendering
a finding in paragraph 55 that the election of the managing
committee of any Society for the 4th consecutive term will
not develop any vested right. In case, the findings in the
said judgment under challenge is permitted to sustain, it
will render unfettered and unbridled powers to the member
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of the Society to indulge into misappropriation and will be
against the principles of administrative law. The ratio of
decidendi culled out in the judgments cited on behalf of the
respondents was basically on account of the exclusion of
certain diary and milk Co-operative Societies from the
provisions of the Andhrapradesh Co-operative Society and
therefore definitely would be violative of the Article 14 of
the constitution of India. The right to contest, for the sake
of repetition is not a fundamental right but right from the
statute.
As an upshot of findings, we set aside the findings of
the learned Single Judge from paragraphs 36 to 56 viz-a-viz
striking down the provisions of Section 28(2A) of the Act.
Consequently, all Writ appeals are allowed.
Sd/-
AMIT RAWAL
JUDGE
Sd/-
sab K. V. JAYAKUMAR
JUDGE
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PETITIONER ANNEXURES
Annexure I True copy of the information
regarding the election conducted in
the Co-operative Societies forwarded
by the Registrar of Co-operative
Societies along with Covering Letter
dated 03.04.2025
2025:KER:38198
PETITIONER ANNEXURES
Annexure A1 TRUE COPY OF THE JUDGEMENT DATED
30.10.2024 IN WP(C) NO. 21368/2024
AND CONNECTED CASES
2025:KER:38198
