Eruvassy Service Co-operative Bank Ltd. v. Dileep Kumar & Others

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE PIUS C.KURIAKOSE & THE HON'BLE MR. JUSTICE BABU MATHEW P.JOSEPH FRIDAY, THE 7TH DAY OF DECEMBER 2012/16TH AGRAHAYANA 1934 WA.No. 2103 of 2012 () IN WPC/25477/2012 ----------------------------------------AGAINST THE ORDER IN WPC.25477/2012 DATED 26-11-2012 APPELLANT(S)/RESPONDENTS 1 AND 2: ------------------------------------------- 1. ERUVASSY SERVICE CO-OPERATIVE BANK LTD.NO.C.171, CHEMPERI-PO, KANNUR DISTRICT-670 632 REPRESENTED BY ITS SECRETARY. 2. ADMINISTRATIVE COMMITTEE, REPRESENTED BY ITS CONVENOR ERUVASSY SERVICE CO-OPERTIVE BANK LTD., NO.C 171 CHEMPERI-PO, KANNUR DISTRICT-670 632. BY ADVS.SRI.GEORGE POONTHOTTAM SRI.RAJU K.MATHEWS RESPONDENT(S)/PETITIONER AND RESPONDENTS 3 AND 4: ------------------------------------------------------------- 1. DILEEP KUMAR, S/O KUNHIRAMAN KUTTIPRAVAN HOUSE, POOPARAMBU ERUVASSY-PO, KANNUR DISTRICT. 2. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL), KANNUR-670 001. 3. THE KERALA CO-OPERTIVE ELECTION COMMISSION, THIRUVANANTHAPURAM-695 001 REPRESENTED BY ITS SECRETARY. R1 BY ADVS. SHRI.P.C.SASIDHARAN & SHRI. P. NARAYANAN R2 AND R3 BY SR. GOVERNMENT PLEADER SHRI.D.SOMASUNDARAM THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 06-12-2012, ALONG WITH WA. 2122/2012, THE COURT ON 07-12-2012, DELIVERED THE FOLLOWING: ## **PIUS C. KURIAKOSE & BABU MATHEW P. JOSEPH, JJ.** ------------------------------------------------------------ W.A. Nos. 2103 of 2012 & 2122 of 2012 ------------------------------------------------------------Dated this the 7[th] day of December, 2012 ## **COMMON JUDGMENT** ## **Babu Mathew P. Joseph, J.** These Writ Appeals are directed against an interim order passed by the learned Single Judge on 26.11.2012 in W.P.(C) No.25477 of 2012. The appellants in W.A.No.2103 of 2012 are the respondents 1 and 2 in the Writ Petition. The respondents in this Writ Appeal are the petitioner and the respondents 2 and 3 respectively in the Writ Petition. The appellants in W.A.No.2122 of 2012 are the respondents 3 and 4 in the Writ Petition. The respondents in this Writ Appeal are the petitioner and the respondents 1 and 2 respectively in the Writ Petition. Since both these Writ Appeals arise out of the same interim order passed ## **W.A.Nos.2103 &2122 of 2012 :2:** by the learned Single Judge, we have heard both these Writ Appeals together and are being disposed of by this common judgment. The parties are referred to in this judgment as they are arrayed in W.A. No.2103 of 2012 for the sake of convenience. 2. Heard the learned counsel on both the sides on the question of admission of these Writ Appeals. 3. The first respondent is a member and the former Vice President of the first appellant Co-operative Bank. He has filed the Writ Petition for quashing Ext.P1 notification to the extent it directs issuance of identity cards to the members who were already issued with identity cards and the renewal of Form 6B register in respect of the members whose names were already entered in the existing 6B register and for other reliefs. 4. The election to the Managing Committee of the Cooperative Bank has been scheduled to be held on 8.12.2012. The election notification was published on 9.10.2012. The preliminary voters list was published on 7.11.2012. The final voters list was published on 16.11.2012. Nominations were filed and their scrutiny was also over. The polling is fixed to take ## **W.A.Nos.2103 &2122 of 2012 :3:** place on 8.12.2012. 5. In these circumstances, the learned Single Judge observed and directed as follows: “In the above said circumstance, it is not proper to sort out the dispute with regard to form 6B Register or issuance of photo identity cards before election at this stage. It is made clear that all the members who are issued by the society with photo identification cards, if do not find their names in the register, can prove their identity with the help of election identity cards issued by the State Election Commission or even a passport or even a PAN card with which the Returning Officer or Polling Officer can reconfirm their identity and permit them to participate in the election and cast their votes. All members who are issued with identity cards earlier by the Society are also entitled to vote on production of the said identity cards irrespective of the fact that their names are not found in the present 6B Register. Voters are entitled to cast their votes on production of the proof of identity either by production of identity cards issued by the Society or as stated above. Those persons who have received new identity cards pursuant to Ext.P1 notification shall produce new identity cards issued to them for ## **W.A.Nos.2103 &2122 of 2012 :4:** participation and casting of votes. The questions raised by the petitioner regarding legality and propriety of new form 6B Register and the issuance of fresh identity cards are left open.” 6. Shri. George Poonthottam, learned counsel appearing for the appellants in W.A.No.2103 of 2012, and Shri. D.Somasundaram, learned Special Government Pleader appearing for the respondents 2 and 3 (appellants in W.A.No.2122 of 2012), contended that the 6B register, showing the details of the members including their photographs, maintained in the Cooperative Bank has become damaged. Therefore, it has become necessary for renewing the 6B register in order to ascertain the identity of the voters at the time of polling. Since many members have newly joined the Bank and many of the old members ceased to be members, necessarily, 6B register has to be renewed. In that process, it is also necessary to issue new identity cards to all the members of the Society. Therefore, Ext.P1 notification has been issued for achieving those purposes. Unless the 6B register is renewed and all the members of the Bank are issued with new identity cards, the identity of the voters cannot be ## **W.A.Nos.2103 &2122 of 2012 :5:** properly ascertained at the time of polling. Since the process of renewing 6B register and issuing new identity cards to the members of the Society could not be completed as scheduled, if election is taking place as scheduled, it will impede the democratic process in the election. Therefore, the appellants pray for setting aside the interim order passed by the learned Single Judge. 7. Shri. P.C.Sasidharan, learned counsel appearing for the first respondent in both these Writ Appeals (petitioner in the Writ Petition), on the other hand, disputed the above contentions and submitted that the Kerala Co-operative Societies Act or the Rules made thereunder do not permit wholesale replacement of 6B register or wholesale renewal of the identity cards of the members. That the contention of the appellants that the existing 6B register has become damaged is not true. The 6B register in vogue has not been produced. The members of the Society have already been issued with identity cards. As per Rule 16A of the Kerala Co-operative Societies Rules (for short, the Rules) a person admitted as a member of a Society shall be issued with ## **W.A.Nos.2103 &2122 of 2012 :6:** an identity card which shall be conclusive evidence to prove his membership in the Society. Therefore, there is no scope for any confusion as to the identity of the voters at the time of polling for want of a new 6B register or new identity cards issued to the members. Those who are in the final voters list alone will be entitled to vote. The Bank has been under the rule of Administrative Committee since January, 2012. Now, the election has been scheduled and the polling is fixed to take place on 8.12.2012. If the election is stalled, the Bank will continue under the rule of Administrative Committee for long. This will impede the democratic set up of the Bank. Therefore, he prayed for dismissing both the Writ Appeals. 8. The contentions raised by the learned counsel on both the sides are larger in nature and are to be resolved in the Writ Petition which is pending before the learned Single Judge. The short question to be decided in these Writ Appeals is whether the election to the Bank, now scheduled, has to be stalled or not in the facts and circumstances of the case. The process of election is in its advanced stage. The polling is scheduled to take place on ## **W.A.Nos.2103 &2122 of 2012 :7:** 8.12.2012. The Bank has been under the rule of Administrative Committee since January, 2012. If the election is stalled, it would impede the democratic set up of the Bank. The learned Single Judge has arrived at the conclusion and issued the directions on a sound reasoning. The questions raised by the writ petitioner as to the legality and propriety of a new 6B register and the issuance of new identity cards are left open to be decided in the Writ Petition. It is made clear in the impugned order that if the members, who are issued by the Society with photo identification cards, do not find their names in the register, can prove their identity with the help of election identity cards issued by the State Election Commission or even Passport or even a PAN card with which the Returning Officer or the Polling Officer can reconfirm their identity and permit them to participate in the election and cast their votes. In the light of the ruling of this Court in **George Kuruvilla** v. **Kerala State Co-operative Election Commission** [2010 (1) KLT 967], such other identity cards or documents can be allowed for the purpose of identification. In these circumstances, we find no reason to ## **W.A.Nos.2103 &2122 of 2012 :8:** interfere with the impugned order passed by the learned Single Judge. In the result, both the Writ Appeals fail and, therefore, they are dismissed. **Sd/PIUS C. KURIAKOSE, JUDGE.** **Sd/-** **BABU MATHEW P. JOSEPH,** **JUDGE.** krs. // True Copy // P.S. to Judge.