GOPAKUMAR K.P. and VINOD KUMAR V.B. v. JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (G), THIRUVANANTHAPURAM; MARAYAMUTTOM SERVICE CO-OPERATIVE BANK LTD; STATE CO-OPERATIVE ELECTION COMMISSION

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN** **TUESDAY, THE 20TH DAY OF AUGUST 2019 / 29TH SRAVANA, 1941** ## **WP(C).No.22151 OF 2019(T)** ## **PETITIONER/S:** - **1 GOPAKUMAR K.P., AGED 40 YEARS KESAVAVILASOM BENGLAW, MANNOOR, MARAYAMUTTOM P.O, THIRUVANANTHAPURAM** - **2 VINOD KUMAR V.B, V.B NIVAS, MANNOOR, MARAYAMUTTOM P.O, THIRUVANANTHAPURAM** **BY ADVS. SRI.B.S.SWATHY KUMAR SMT.ANITHA RAVINDRAN** ## **RESPONDENT/S:** - **1 THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (G) THIRUVANANTHAPURAM PIN 695 001** - **2 MARAYAMUTTOM SERVICE CO-OPERATIVE BANK LTD NO. 984, MARAYAMUTTOM P.O, NEYYATTINKARA, THIRUVANANTHAPURAM 695 124 REPRESENTED BY ITS SECRETARY** - **3 THE PART-TIME ADMINISTRATOR, MARAYAMUTTOM SERVICE CO-OPERATIVE BANK LTD NO. 984, MARAYAMUTTOM P.O, NEYYATTINKARA, THIRUVANANTHAPURAM 695 124.** - ***4 THE STATE CO-OPERATIVE ELECTION COMMISSION 3RD FLOOR, CO-BANK TOWERS, VIKAS BHAVAN THIRUVANANTHAPURAM – 695 033** - **(*ADDL R4 IS IMPLEADED AS PER ORDER DATED 20.08.2019 IN I.A. NO.1/2019)** **BY ADVS. SRI.M.SASINDRAN SMT.C.S.SHEEJA, SR.GP, SRI.R.LAKSHMI NARAYAN, SC** **THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20.08.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** WPC 22151/19 2 ## **JUDGMENT** The petitioners are stated to be the members of the 2[nd] respondent-Co-operative Bank and they impugn Exts.P5 and P6 orders issued by the Joint Registrar of Co-operative Societies and the Part-time Administrator of the Bank respectively, whereby the statutory Identity Cards, already issued to the members of the Bank, have been ordered to be withdrawn and substituted by fresh ones, under Rule 16A of the Kerala Co-operative Societies Rules (KCS Rules for short). 2. The petitioners allege that neither the Joint Registrar nor the Part-time Administrator has the authority to do so because this Court has already, in an earlier Writ Petition, namely WP(C)No.18549/2019, directed the Kerala State Co-operative Election Commission to conduct elections and that the present attempt of the Joint Registrar and the consequential WPC 22151/19 3 order issued by the Part-time Administrator are intended to subvert such processes. They further say that notifications for the elections have been issued by the Election Commission as early as on 14.06.2019, scheduling the polling to 08.09.2019 and that until now the Electoral Officer or any other Authority of the Election Commission has raised no objections against the statutory Identity Cards that have already been issued. They, therefore, pray that Exts.P5 and P6 be quashed. 3. In answer to the afore submissions of Sri.B.S.Swathikumar-learned counsel for the petitioner, the learned counsel appearing for the Part-time Administrator-Sri.M.Sasindran, submits that Ext.P6 order has been issued by his client solely abiding by the directions in Ext.P5 order of the Joint Registrar and that he has no other interest in the matter except to ensure that the elections are conducted in a WPC 22151/19 4 free and fair manner. He further says that the Part-time Administrator will abide by any directions that may be issued by this Court and that, contrary to the allegations of the petitioners, the present election notification is not dated 14.06.2019, but that the elections were rescheduled to 08.09.2019 through another notification dated 13.08.2019. 4. Smt.C.S.Sheeja-learned Senior Government Pleader, submits that Ext.P5 order has been issued by the Joint Registrar of Cooperative Societies adverting to Rule 16A of the KCS Rules and because he wanted to ensure that elections to the Bank is conducted properly and in terms of the KCS Act and Rules. She adds that the said officer has absolutely no vested interests but was only acting validly as the Statutory Authority enjoined to ensure that the provisions of the KCS Act and Rules are implicitly followed. WPC 22151/19 5 5. When I considered this matter on 16.08.2019, adverting to the afore stand of the rival parties, I had indited an order on the following lines: The petitioner will take out notice before admission by special messenger to respondents 2 and 3. The learned Senior Government Pleader will obtain instructions. The learned Standing Counsel for the Election Commission will obtain instructions from the Electoral Officer and the Returning Officer as to whether there is any proposal from their side to have the statutory identity cards issued by the Society replaced by a fresh one. When they take a decision and inform this Court, they shall do so dispassionately and independently without being guided by Ext.P5. List on 20.08.2019. 6. Today, Sri.R.Lakshmi Narayan-learned Standing Counsel for the Election Commission, submits that the Electoral Officer is now looking into the issue and prays that he may be allowed to take an apposite decision with respect to the Identity Cards; however, assuring this Court that whatever be the nature of the decision to be taken, the election schedule will not be modified or the polling WPC 22151/19 6 date adjourned. He says that even if the Electoral Officer is to find that the Identity Cards have to be replaced, all arrangements will be taken to ensure that it is done within the statutory time frames as are fixed by the KCS Act and Rules. He, therefore, prays that this Writ Petition be dismissed without any further orders. 7. It is without any doubt that when this Court had considered the earlier Writ Petition, namely WP(C)No.18549/2019, my paramount intent was that elections to the Managing Committee of the Society is conducted in terms of law and within the time frames as are mandated. I am certain that the said resolve of this Court has not undergone any change and consequently, the directions earlier granted in the judgment in the said Writ Petition continues to be in effect and cannot be altered, unless this Court expressly does so. WPC 22151/19 7 8. In such perspective, obviously, the submissions of Sri.R.Lakshmi Narayan becomes relevant and once the election processes had been notified as per the directions of this Court, neither the Joint Registrar nor the Part-time Administrator could have arrogated to themselves any role to play with respect to such process nor can they do anything which will impact it in any manner. This position is cemented by the judgment of the Hon'ble Supreme Court in **Shri Sant Sadguru Janardan Swami (Moingiri Maharaj) Sahakari Dugdha Utpadak** **Sanstha v. State of Maharashtra [(2001) SCC** **509]** wherein even this Court is incapacitated from interfering with the election processes once the notification to the said effect is made. 9. Ineluctably, therefore, it is solely for the Electoral Officer and the Election Commission to take an independent call on every WPC 22151/19 8 aspect of the election process, including the statutory Identity Cards and I do not, consequently, deem it prudent to issue any orders, either permitting it or interdicting it; however, making it clear that whatever be the nature of the decision that the said Authority may take, the election schedule cannot be altered and therefore, even if a decision to substitute the Identity Cards is taken, then care shall be employed to ensure that every member gets his/her Identity Cards within the time fixed by the Statute. With the afore observations, I close this Writ Petition; however, reiteratingly ordering that the Electoral Officer and the Election Commission shall act independently _de hors_ Exts.P5 and P6 and that the elections shall be conducted without adverting to its contents. **Sd/-** ## **DEVAN RAMACHANDRAN** RR **JUDGE** WPC 22151/19 9 ## APPENDIX PETITIONER'S/S EXHIBITS: - EXHIBIT P1 TRUE COPY OF THE IDENTITY CARD OF THE 1ST PETITIONER ISSUED BY THE 2ND RESPONDENT - EXHIBIT P2 TRUE COPY OF THE IDENTITY CARD OF THE 2ND PETITIONER ISSUED BY THE 2ND RESPONDENT. - EXHIBIT P3 TRUE COPY OF THE LIST OF 56 PERSONS CONTAINING THE ENDORSEMENT OF THE ELECTORAL OFFICER DATED 28-6-2019 - EXHIBIT P4 TRUE COPY OF THE NOTICE NO. NEYY.1134/19 DATED 29-06-2019 - EXHIBIT P5 TRUE COPY OF THE ORDER NO. CRP(1) 8593/2018 DATED 9-7-2019 OF THE 1ST RESPONDENT - EXHIBIT P6 TRUE COPY OF THE RESOLUTION NO. 14 DATED 12-7-2019 OF THE 2ND RESPONDENT - EXHIBIT P7 TRUE COPY OF THE NEWS ITEM PUBLISHED ON MATHRUBHUMI DAILY DATED 11-7-2019