IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 17945 of 2009(K)
1. K.K.POLY,
... Petitioner
Vs
1. STATE CO.OPERATIVE ELECTION
... Respondent
2. THE JOINT REGISTRAR OF CO.OPERATIVE
3. KALLETTUMKARA SERVICE CO.OPERATIVE BANK
For Petitioner :SRI.GEORGE POONTHOTTAM
For Respondent :SMT.I.SHEELA DEVI
The Hon'ble MR. Justice ANTONY DOMINIC
Dated :14/07/2009
O R D E R
ANTONY DOMINIC, J.
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W.P.(C.) No.17945 of 2009
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Dated, this the 14th day of July, 2009
J U D G M E N T
The petitioner is the member of the 3rd respondent Society.
The term of the present Managing Committee is to expire on
13/08/2009.
2. The Managing Committee of the Society passed a
resolution on 02/05/2009 to conduct election on 26/07/2009.
That was forwarded to the Joint Registratr, who by Ext.P4 dated
19/05/2009, forwarded the resolution to the 1st respondent for
necessary action. At that stage, on 06/06/2009, the Committee
was superseded, and an Administrator was appointed. That order
was challenged before this Court in WP(C) No.15973/2009, and by
judgment rendered on 13/06/2009, the order was set aside. It was
directed that the Administrator shall forthwith hand over charge of
the Society to the Committee of which the petitioner therein was the
President.
3. The petitioner submits that subsequent to the judgment,
WP(C) No.17945/2009
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on 03/07/2009, the Committee passed a resolution to conduct
election on 08/08/2009, and by Ext.P6 dated 04/07/2009, the
resolution was forwarded to the Assistant Registrar for onward
transmission to the Election Commission, through the Joint
Registrar. Prayer sought in this writ petition is that the Assistant
Registrar, the Joint Registrar and the Election Commission should be
directed to take necessary action on the resolution dated
03/07/2009.
4. The learned Government Pleader, on instructions,
submits that in pursuance to the judgment in WP(C) No.15973/2009
dated 13/06/2009, the charge was handed over by the
Administrator to the Committee on 09/07/2009. It is stated that
for that reason, the resolution dated 03/07/2009 is incompetent.
5. The submission of the learned Government Pleader is
contradicted by the learned counsel for the petitioner contending
that on the setting aside of the order dated 06/06/2009, the
Committee should be deemed to be restored in office. A reading of
the concluding paragraph of the judgment shows that this Court set
aside the order and further directed the Administrator to forthwith
hand over charge to the committee. This direction necessarily
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required the 2nd respondent to hand over charge, and going by the
aforesaid direction, the contention of the learned counsel for the
petitioner that the Committee should be deemed to be restored in
Office as a consequence of the judgment, cannot be accepted. Now
that charge has been handed over on 09/07/2009, this Court will
not be justified in directing the authorities to take cognizance of the
resolution allegedly passed on 03/07/2009. But, however, that
does not mean that the election should not be held, if a valid and
proper resolution is passed and forwarded to the Officers.
6. Therefore, the writ petition is disposed of directing that
it will be open to the Managing Committee of the 3rd respondent to
pass an appropriate resolution for the conduct of the election and
forward the same to the 2nd respondent, who shall, on receipt
thereof, immediately forward the same to the 1st respondent for the
appointment of a Returning Officer and Electoral Officer, in order to
ensure that the election is conducted well in time.
The writ petition is disposed of as above.
(ANTONY DOMINIC, JUDGE)
jg