N. Basurangan, Jayachandran K., C. Thilothama, Komala Kumari T. and Sulochana A. v. State Co-operative Election Commission, Deputy Director Department of Dairy Development, Dairy Extension Officer, Maranalloor Ksheerolpadhaaka Sahakarana Sangam Ltd, Part-time Administrator

``` 2025:KER:27607 ``` **==> picture [58 x 58] intentionally omitted <==** # **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** # **`PRESENT`** ``` THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN ``` # **`TUESDAY, THE 1[ST] DAY OF APRIL 2025 / 11TH CHAITHRA, 1947`** # **`WP(C) NO. 7767 OF 2025`** ## **`PETITIONERS:`** ``` 1N. BASURANGAN AGED 71 YEARS MEMBER NO.570, S/O. NARAYANAN, RESIDING AT BHASURA, PONGUMOODU, THIRUVANANTHAPURAM DISTRICT, PIN – 695 011. 2JAYACHANDRAN K. AGED 67 YEARS MEMBER NO.735, S/O. K. KAMALAMMA, RESIDING AT MADATHIL HOUSE, ARUVIKKARA, THIRUVANANTHAPURAM DISTRICT, PIN – 695 564. 3C. THILOTHAMA AGED 61 YEARS MEMBER NO.2654, W/O. MURALEEDHARAN, NOW RESIDING AT MAGIC HUT, CHEENIVILA P.O., THIRUVANANTHAPURAM, PIN – 695 512. 4KOMALA KUMARI T. AGED 70 YEARS MEMBER NO.1065, D/O. THANKAMMA, NOW RESIDING AT T.K. MANDIRAM, MELARIYODE P.O., RODARIKATH, PUTHENVEEDU, THIRUVANANTHAPURAM DISTRICT, PIN – 695 512. 5SULOCHANA A. AGED 70 YEARS MEMBER NO.3667, W/O. CHALLATHAMBI, RESIDING AT IRATTAVILAKATH HOUSE, ANAMAN, THIRUVANANTHAPURAM, PIN – 695 512. ``` ``` 2025:KER:27607 ``` ``` 2 ``` **==> picture [58 x 57] intentionally omitted <==** ## **`WP(C) NO.7767 OF 2025`** ``` BY ADVS. NISHA GEORGE ALEX ABRAHAM ARUN KRISHNA DHAN ARJUN SREEDHAR HARIKRISHNAN P.B. ANSHIN K.K GEORGE POONTHOTTAM (SR.) ``` ## **`RESPONDENTS:`** - **`1 THE STATE CO-OPERATIVE ELECTION COMMISSION 3RD FLOOR, CO BANK TOWERS, VIKAS BHAVAN P.O., THIRUVANANTHAPURAM, REPRESENTED BY ITS SECRETARY, PIN – 695 033.`** - **`2 DEPUTY DIRECTOR DEPARTMENT OF DAIRY DEVELOPMENT, DAIRY DIRECTORATE, PATTOM PALACE P.O., THIRUVANANTHAPURAM, PIN – 695 004.`** - **`3 THE DAIRY EXTENSION OFFICER DAIRY EXTENSION SERVICE UNIT, NEMOM BLOCK PANCHAYATH OFFICE, MALAYINKIL P.O., THIRUVANANTHAPURAM, PIN – 695 571.`** - **`4 THE MARANALLOOR KSHEEROLPADHAKA SAHAKARANA SANGAM LTD NO. T 3994 (D) APCOS MARANALLOOR, KOOVALASHERRY P.O., THIRUVANANTHAPURAM, REPRESENTED BY ITS SECRETARY, PIN – 695 512.`** - **`5 PART-TIME ADMINISTRATOR THE MARANALLOOR KSHEEROLPADHAKA SAHAKARANA SANGAM LTD NO. T 3994 (D) APCOS, MARANALLOOR, KOOVALASHERRY P.O., THIRUVANANTHAPURAM, PIN – 695 512.`** ``` SRI. P.V.BABY ``` ``` SRI. C.M NAZAR – SC ``` ``` SRI. P.P THAJUDHEEN – SPL. GP ``` ``` THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` ``` 2025:KER:27607 ``` ``` WP(C) NO.7767 OF 2025 ``` ``` 3 ``` **==> picture [58 x 57] intentionally omitted <==** ## **`JUDGMENT`** The petitioners are the erstwhile Managing Committee members of the 4[th] respondent Society. The term of the Managing Committee expired on 01.01.2025. Prior to the expiry of the term, the Managing Committee convened a meeting on 08.10.2024 and resolved to conduct election to the Committee on Managing 28.12.2024, as per Ext.P2. However, the State Co-operative Election Commission rejected Ext.P2 by Ext.P3 stating that the application accompanying the resolution was not signed by the elected President of the Society. According to the petitioners, Ext.P3 is not legally **==> picture [58 x 57] intentionally omitted <==** ## **`2025:KER:27607`** ## **`WP(C) NO.7767 OF 2025`** ``` 4 ``` sustainable since the application has been signed by the President in charge of the Society. 2. On expiry of the term of the Managing Committee on 01.01.2025, the 2[nd] respondent issued Ext.P6 order appointing a part time Administrator for administering the affairs of the Society and the 5[th] respondent, part-time Administrator was directed to take steps for the conduct of election in terms of Rule 35A of the Kerala Co-operative Societies Rules, 1969 (for short, ‘the Rules’) within six months. 3. The grievance of the petitioners is that so far no steps have been taken by the 5[th] respondent for the conduct of election. Accordingly, this writ petition is filed for direction to the 2[nd] respondent to issue appropriate **==> picture [58 x 57] intentionally omitted <==** ## **`2025:KER:27607`** ## **`WP(C) NO.7767 OF 2025`** ## **`5`** direction to the 5[th] respondent to adopt resolution for holding election to the Managing Committee of the 4[th] respondent Society within a period of thirty five days and entrust the administration of the Society with the elected Managing Committee. 4. Heard Sri.George Poonthottam, the learned Senior Counsel for the petitioners, Sri.C.M.Nazar, the learned counsel for the 1[st] respondent, Sri.P.P.Thajudheen, the learned Special Government Pleader for respondents 2 and 3 and Sri.P.V Baby, the learned counsel for the 4[th] respondent. Though service is complete, there is no appearance for the 5[th] respondent. 5. Rule 35A(1) of the Rules provides that the Committee shall meet at least sixty days **==> picture [58 x 57] intentionally omitted <==** ## **`2025:KER:27607`** ## **`WP(C) NO.7767 OF 2025`** ``` 6 ``` prior to the date of expiration of its term and pass a resolution fixing the date, time and place for the conduct of the election to the new Committee. Ext.P2 resolution was Though passed, the same was not accepted by the 1[st] respondent. Later, the term of the Committee expired on 01.01.2025 and by Ext.P6, the 5[th] respondent was appointed for the administration of the Society. 6. The legislative intention that would reflect from Rule 35A(1) of the Rules is that the affairs of the Society shall be administered by democratically elected representatives. The statute provides for time limit within which resolution to be passed for the conduct of the election to the new Managing Committee. **==> picture [58 x 57] intentionally omitted <==** ## **`2025:KER:27607`** ## **`WP(C) NO.7767 OF 2025`** ``` 7 ``` This Court in **A.K.G Memorial Co-operative P.D Society Ltd. v. Joint Registrar** [1992 (1) KLT 822 : 1992 KHC 161] has held that though the passing of resolution for conduct of election is mandatory, the period of sixty days mentioned under Rule 35(1) (as the provision stood then) is not mandatory. 7. In the facts and circumstances of the case, there will be a direction to the 5[th] respondent to adopt resolution in terms of the Rule 35A of the Rules for holding election to the Managing Committee of the 4[th] respondent Society within a period of ten days from the date of receipt of a copy of this judgment. A copy of resolution shall be forwarded to the State Co-operative Election Commission by Registered ``` 2025:KER:27607 ``` ``` 8 ``` **==> picture [58 x 57] intentionally omitted <==** ## **`WP(C) NO.7767 OF 2025`** Post and steps shall be taken by the Commission to conduct election within forty days from the date of receipt of the resolution. The writ petition is disposed of with the above direction. Sd/- ``` MURALI PURUSHOTHAMAN JUDGE ``` SPR ``` 9 ``` **==> picture [58 x 57] intentionally omitted <==** ## **`2025:KER:27607`** ## **`WP(C) NO.7767 OF 2025`** ## **`APPENDIX`** ## **`PETITIONER’S EXHIBITS:-`** ``` EXHIBIT P1A TRUE COPY OF THE RESOLUTION DATED 20.12.2023 TAKEN BY THE MANAGING COMMITTEE OF THE 4TH RESPONDENT. EXHIBIT P2TRUE COPY OF THE RESOLUTION OF THE MANAGING COMMITTEE ALONG WITH THE REQUISITE PROFORMAS. EXHIBIT P3A TRUE COPY OF THE ORDER NO. E(2)5420/2024-SCEC DATED 19.11.2024 BY THE 1ST RESPONDENT. EXHIBIT P4A TRUE COPY OF THE LETTER DATED 27.11.2024 SUBMITTED BEFORE THE 1ST RESPONDENT WITH ENCLOSURES. EXHIBIT P5A TRUE COPY OF THE REQUEST LETTER DATED 16.12.2024 SUBMITTED BEFORE THE 2ND RESPONDENT WITH ENCLOSURES. EXHIBIT P6TRUE COPY OF THE ORDER DATED 01.01.2025 ISSUED BY THE 2ND RESPONDENT. ``` ## **`RESPONDENTS EXHIBITS : NIL.`**