H. Stephenson and others v. State of Kerala and others

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN** **TUESDAY, THE 25TH DAY OF JUNE 2019 / 4TH ASHADHA, 1941** ## **WP(C).No.16518 of 2019** ## **PETITIONER/S:** **1 H.STEPHENSON, AGED 55 YEARS SON OF HAREES NADAR, 8/928, SUJITH BHAVAN, KANAKUNDAYAM, MARAYIMUTTOM P.O., THIRUVANANTHAPURAM-695 124.** **2 VELUKUTTY PILLAI, AGED 80 YEARS SON OF SIVASANKARA PILLAI, 439, SREEJA BHAVAN, ALATHOOR, PERUMKADAVILA, MARAYIMUTTOM P.O., THIRUVANANTHAPURAM-695 124.** **3 JAYAKUMAR V.V., AGED 45 YEARS S/O. VELUKUTTY PILLAI, SREEJA BHAVAN, ALATHOOR, PERUMKADAVILA, MARAYIMUTTOM P.O., THIRUVANANTHAPURAM-695 124.** **4 SATHEESH KUMAR, AGED 36 YEARS SON OF SUNDARAN, CHULLIYOOR, PERUMKADAVILA, MARAYIMUTTOM P.O., THIRUVANANTHAPURAM-695 124.** **BY ADVS. SRI.P.C.SASIDHARAN SMT.REKHA VASUDEVAN SMT.V.DEEPA** ## **RESPONDENT/S:** - **1 STATE OF KERALA REPRESENTED BY ITS SECRETARY, DEPARTMENT OF COOPERATION SECRETARIAT, THIRUVANANTHAPURAM-695 001.** - **2 THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL), THIRUVANANTHAPURAM-695 001.** - **3 THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL), NEYYATTINKARA, THIRUVANANTHAPURAM-695 001.** WPC 16518/19 2 **4 THE STATE CO-OPERATIVE ELECTION COMMISSION REPRESENTED BY THE CHIEF CO-OPERATIVE ELECTION COMMISSIONER, 3RD FLOOR, CO-BANK TOWERS, VIKAS BHAVAN P.O., THIRUVANANTHAPURAM-695 033.** - **5 THE ADMINISTRATIVE COMMITTEE THE MARAYAMUTTOM SERVICE CO-OPERATIVE BANK LTD., MARAYAMUTTOM, THIRUVANANTHAPURAM-695 124.** **6 MARAYAMUTTOM SERVICE CO-OPERATIVE SOCIETY LTD., NO.984, REPRESENTED BY ITS SECRETARY, MARAYAMUTTOM, THIRUVANANTHAPURAM-695 124.** ***7 D SIMON, THALAMANNOOR KUZHIVILA PUTHEN VEEDU, KAKKANAM, MARAYAMUTTOM PO, THIRUVANANTHAPURAM 695 124** ***8 REMA, THALAMANNOOR KUZHIVILA PUTHEN VEEDU, KAKKANAM, MARAYAMUTTOM PO, THIRUVANANTHAPURAM 695 124** - **(*ADDL R7 AND R8 IMPLEADED AS PER ORDER DATED 25.06.2019 IN IA 1/2019)** **BY ADVS. SRI.N.RAGHURAJ SMT.C.S.SHEEJA,SR.GP,** **THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25.06.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** WPC 16518/19 3 ## **JUDGMENT** The petitioners say that they are the members of the 6[th] respondent-Co-operative Society and allege that the Voters' List, which will now be prepared by the Chief Executive Officer of the said Society, for the ensuing elections notified by the Co-operative Election Commission on 21.07.2019, will not be prepared as per the provisions of the Kerala Cooperative Societies Acts and Rules (KCS Acts and Rules for short). They consequently, pray that the 5[th] respondent-Administrative Committee of the Society be directed to prepare a valid Voters' List in compliance with the mandate of the KCS Acts and Rules. 2. Sri.P.C.Sasidharan, the learned counsel for the petitioners, submits that large scale removal of memberships was done by the erstwhile Managing Committee of the Society WPC 16518/19 4 without following any of the provisions of the KCS Act and Rules and that these members are now likely to be denied their legitimate right to be included in the Voters' List in the ensuing elections. He asserts that the petitioners are representing over 1486 such members and that these aspects have already been investigated by the concerned Assistant Registrar of Co-operative Societies, as is evidenced from Exts.P3 and P4 reports. He adds that, as is clear from the said reports, the membership register has been manipulated by the erstwhile Managing Committee of the Society and that large number of persons are shown to have been removed without following the statutory stipulations under Rule 16(3) of the KCS Rules and even without any procedure having been initiated under Rule 16(4) of the KCS Rules. He, therefore, prays that all the members in WPC 16518/19 5 the membership register be taken note of and reckoned while preparing Voters' List for the ensuing elections. 3. Sri.N.Raghuraj, the learned counsel appearing for respondents 5 and 6, submits that there is some truth in the allegations of the petitioners and that large scale removal of memberships have been identified by the Administrative Committee now in charge of the Society, adding that some members presently included on the Register have been found to be ineligible. He says that however, the Administrative Committee is unable to take any action on these issues on account of the Full Bench judgment of this Court in **Hassan v. Joint Registrar of Co-operative Societies [1998(2) KLT 746]** . He, then, however, submits that the Administrative Committee will certainly take all steps necessary to ensure that the WPC 16518/19 6 elections are conducted fairly; and that for such purpose, the Voters' List will be prepared by them strictly as per the provisions of the Kerala Co-operative Societies Acts and Rules. 4. Sri.B.S.Swathikumar, the learned counsel appearing for additional respondents 7 and 8, submits that his clients are among the several persons who have been removed from the membership of the Society by the erstwhile Managing Committee and that they have no complaint against the same. He says that the petitioners, therefore, cannot hold brief for them nor can they represent any of the other 1500 or odd persons and therefore, that this Writ Petition is not maintainable. He adds that his clients have not subscribed their signatures to Ext.P1 and that the said document is a concocted one; and consequently, that Exts.P3 and P4 letters of the Assistant WPC 16518/19 7 Registrar of Co-operative Societies are also vitiated, being based on fraudulent and fabricated documents. 5. Smt.C.S.Sheeja, the learned Senior Government Pleader appearing on behalf of the official respondents, submits that the prayers sought for by the petitioners in this Writ Petition are ones that will certainly have to be taken note of by the Election Commission and by the Chief Executive Officer of the Society, since all that the petitioners want is the preparation of a valid Voters' List. She says that whether the membership register has been allegedly modified or whether the names of members have been unlawfully removed etc. are matters that will have to engage the attention of the concerned stakeholders while the processes under Rule 34A(4) is taken forward as part of the election process. She adds that, WPC 16518/19 8 contrary to the allegations of the petitioners, more than 3076 members have been seen to be illegally removed and therefore, that this will certainly have to be considered properly by the competent Authorities at the relevant time. 6. When I hear the learned counsel for the parties on the afore lines, I fail to understand that why there should be a controversy at all, since if members have been illegally removed without following procedure, it certainly is a matter that the competent Authorities and the Election Commission should take note of at the time when processes under Rule 35(A)(4) is completed. Now that elections are stated to have been notified, it would not be prudent or proper for this Court to micromanage its processes going by the judgment of the Hon'ble Supreme Court in **Sri.Sant** **Sadguru v. State of Maharashtra & Others** WPC 16518/19 9 ## **[2001(8) SCC 509).** 7. I, therefore, deem it appropriate to leave all relevant aspects to be considered properly, as per the provisions of the KCS Acts and Rules, to the competent Statutory Authorities as well as to the Election Commission, so that when the Voters' List is prepared, all objections relating to illegal removal of memberships will be effectively taken note of and steps taken to rectify the same in terms of law, so that the elections can be conducted in a fair and transparent manner. If the concerned officials or Authorities are convinced that the membership register of the Society has been manipulated illegally and without following proper procedure, it is up to them to rectify the same in terms of law and then prepare the Voters' List under the provisions of Rule 35(A) of the KCS Rules. They WPC 16518/19 10 do not require the orders of this Court to do so, because the responsibility of conducting free and fair elections is on the competent Authorities, including the State Co-operative Election Commission. This Writ Petition is thus ordered in terms of the afore observations. **Sd/-** **DEVAN RAMACHANDRAN** RR **JUDGE** WPC 16518/19 11 ## APPENDIX PETITIONER'S/S EXHIBITS: EXHIBIT P1 TRUE COPY OF THE REPRESENTATION DATED 16.2.2019 SUBMITTED BY THE PETITIONERS ALONG WITH OTHER MEMBERS TO THE 3RD RESPONDENT. EXHIBIT P2 TRUE COPY OF THE JUDGMENT DATED 8.4.2019 IN WPC NO.31329 OF 2018 OF THIS HONOURABLE COURT. EXHIBIT P3 TRUE COPY OF THE LETTER NO.NEY.1134 DATED 6.6.2019 ADDRESSED BY THE 3RD RESPONDENT TO 2ND RESPONDENT. EXHIBIT P4 TRUE COPY OF THE LETTER NO.NEY.1134 DATED 6.6.2019 ADDRESSED BY THE 3RD RESPONDENT TO THE 4TH RESPONDENT. EXHIBIT P5 TRUE COPY OF THE REPRESENTATION DATED 3.6.2019 SUBMITTED BY SRI LALU J TO THE 3RD RESPONDENT. EXHIBIT P6 TRUE COPY OF THE REPRESENTATION DATED 16.2.2019 SUBMITTED BY CERTAIN MEMBERS OF THE SOCIETY TO THE 3RD RESPONDENT.