High Court of KeralaDivision BenchWrit Appeal disposed; directs expeditious Secti...
Padmanabhan Pallath, President of Beypore Service Co-Operative Bank Ltd. v. State of Kerala and Others
Case / Petition Number:W.A.No.1511 of 2014
Case Details & Bench
- Court
- High Court of Kerala
- Hon'ble Judges
- Thottathil B. Radhakrshan
- Devan Ramachandran
- Judgment Date
- 2017-02-01
- Court Decision / Holding
- Writ Appeal disposed; the High Court upholds the single judge’s cautious approach to Section 69 proceedings under the Kerala Co-operative Societies Act and directs that any disputes under Section 69 be entertained within a period of 30 days from the date of the judgment. It clarifies that the earlier interlocutory orders and final judgments in related writ petitions should not be treated as final determinants of voters’ eligibility, and endorses expeditious resolution under Section 69, while keeping writ jurisdiction reserved to guide the process.
- Final Disposition
- Writ Appeal disposed; directs expeditious Section 69 proceedings within 30 days; clarifies the effect of interim orders and maintains writ jurisdiction to guide timely resolution.
Parties to the Case
Appellants / Petitioners
- Padmanabhan Pallath
Respondents
- State of Kerala
- Registrar of Co-Operative Societies, Thiruvananthapuram
- Joint Registrar of Co-Operative Societies (General), Kozhikode District, Kozhikode
- Administrator, The Kozhikode District Co-operative Bank Limited
- The Kozhikode District Co-operative Bank Ltd., represented by its General Manager
- Electoral Officer for Election to the Kozhikode District Co-operative Bank Ltd.
- Returning Officer for Election to the Kozhikode District Co-operative Bank Ltd.
- State Co-Operative Election Commissioner
- Board of Directors, The Kozhikode District Co-operative Bank Ltd., represented by its President
- Addl.R10 to Addl.R108 (Impleaded as Additional Respondents)
Legal Representation & Advocates
Counsels for Petitioners
- • M. M. Monay
- • M. Paul Varghese
- • Desi Matthai
Counsels for Respondents
- • Shameer P. M.
- • R. Sudhish
- • Smt. Thushara V.
- • Manu G. Rajan
- • B. S. Swathy Kumar
- • Remya Murali
- • T. Reshma
- • P. P. Jacob
- • P. V. Baby
- • George Poonthottam
- • A. N. Santhosh
Case Synopsis & Summary
The writ petition, challenging an election notification under the Kerala Co-operative Societies Act, 1969, concerns the Kozhikode District Co-operative Bank elections. The core issue is whether the electoral college was properly identified based on provisional and final voters lists and whether particular co-operative societies were rightly included or excluded under eligibility criteria. The matter traces back to interlocutory orders that allowed provisional admission to the electoral college, with 78 societies pursuing inclusion in the voters list. Subsequently, those petitions were withdrawn or closed as infructuous, which the appellant contends would have had a direct bearing on the total votes cast for or against any candidate. The High Court’s single judge had rightly declined to adjudicate, under Article 226, on the variety of questions including voter eligibility and the composition of the electoral college, and instead suggested or permitted relief through Section 69 of the Kerala Co-operative Societies Act. The present Division Bench agrees with that cautious course, noting the need to expedite resolution via Section 69 while not allowing the interim orders and judgments to “dehorsi” impair the rights of parties. The court clarifies that Section 69 petitions should be entertained within 30 days and decided in accordance with law, guiding the process to final disposal. The writ appeal is disposed accordingly, preserving jurisdictional safeguards and directing expeditious action under Section 69.
Provisions of Law Cited
Kerala Co-operative Societies Act, 1969 – Section 69Constitution of India – Article 226Limitation Act – Section 14
Submissions & Arguments
Contentions of Appellants / Petitioners
The appellant contends that 78 co-operative societies filed writ petitions seeking inclusion in the voters list and were granted interlocutory sop to obtain provisional admission into the electoral college. He argues that, having benefited from those interlocutory orders, those petitions were later withdrawn or closed as infructuous, which would affect the total votes polled in an election. He submits that the question of eligibility and the composition of the electoral college cannot be resolved in a petition under Article 226, and that the matter should be resolved by Section 69 of the KCS Act, with appropriate time and safeguards to prevent prejudice to rights of the parties. The appellant emphasizes that the court must ensure expeditious finality of the dispute and not permit retroactive effects of interim orders to override the statutory process.
Contentions of Respondents
The respondents urge deference to the statutory remedy under Section 69 of the KCS Act and the Court’s writ jurisdiction limitations. They contend that the electoral college eligibility and the provisional lists are matters best resolved via Section 69 proceedings rather than a direct challenge through Article 226, which could undermine the orderly resolution of the election dispute. They acknowledge the need for timely action but stress that the High Court’s cautious approach should stand, ensuring that interlocutory orders do not prejudice the ensuing Section 69 process and that any disputes are adjudicated in accordance with law.
Cited Precedents (1)
| Case Name | Citation | Treatment | Explanation |
|---|---|---|---|
| Sulthan Bathery Co-operative Agricultural and Rural Development Bank Limited, Wayanad v. Jayaprakash P.R. | 2014 (3) KHC 51 | Positive | Cited to support the proposition that the High Court may regulate the period of limitation for Section 69 proceedings within its writ jurisdiction, and to justify excluding time taken in writ petitions when computing limitation. |
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Extracted Judgment Text
Exact text extracted from official judgment records.
## **IN THE HIGH COURT OF KERALA AT ERNAKULAM**
## **PRESENT:**
**THE HONOURABLE MR.JUSTICE THOTTATHIL B.RADHAKRISHNAN & THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN**
**WEDNESDAY, THE 1ST DAY OF FEBRUARY 2017/12TH MAGHA, 1938**
**W.A.No. 1511 of 2014 ---------------------------------**
## **AGAINST THE JUDGMENT IN W.P.(C).NO.2303/2013, DATED 24-09-2014**
**APPELLANT(S)/PETITIONER:**
**-----------------------------------------**
**PADMANABHAN PALLATH, PRESIDENT OF BEYPORE SERVICE CO-OPERATIVE BANK LTD., LL35, ARAKKINAR, KOZHIKODE AND DELEGATE TO THE KOZHIKODE DISTRICT CO-OPERATIVE BANK LTD., RESIDING AT PALLATH HOUSE, BEYPORE FORT P.O., KOZHIKODE - 673 015.**
**BY ADVS.SRI.M.M.MONAYE SRI.M.PAUL VARGHESE SRI.DESI MATTHAI**
## **RESPONDENT(S)/RESPONDENTS AND ADDITIONAL 9TH RESPONDENT:**
- **------------------------------------------------------------------------------------------------------**
**1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO GOVERNMENT, DEPARTMENT OF CORPORATION, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695 001.**
**2. REGISTRAR OF CO-OPERATIVE SOCIETIES THIRUVANANTHAPURAM - 695 001.**
**3. JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL), KOZHIKODE DISTRICT, KOZHIKODE - 673 002.**
**4. ADMINISTRATOR, THE KOZHIKODE DISTRICT CO-OPERATIVE BANK LIMITED, KALLAI ROAD, KOZHIKODE - 673 002.**
**5. THE KOZHIKODE DISTRICT CO-OPERATIVE BANK LTD., KALLAI ROAD, KOZHIKODE, PIN - 673 002. REPRESENTED BY ITS GENERAL MANAGER.**
**6. ELECTORAL OFFICER FOR ELECTION TO THE KOZHIKODE DISTRICT CO-OPERATIVE BANK LTD.,/ASST.REGISTRAR OF CO-OPERATIVE SOCIETIES (PLANNING), OFFICE OF THE JOINT REGISTRAR OF COOPERATIVE SOCIETIES (GENERAL), KOZHIKODE DISTRICT, SAHAKARANA BHAVAN, VIKAS BUILDING, LINK ROAD, KOZHIKODE, PIN - 673 002.**
## **W.A.No. 1511 of 2014 : 2 :**
**7. RETURNING OFFICER FOR ELECTION TO THE KOZHIKODE DISTRICT COOPERATIVE BANK LTD.,/ ASST.REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL), SAHAKARANA BHAVAN, VIKAS BUILDING, LINK ROAD, KOZHIKODE, PIN - 673 002.**
**8. STATE CO-OPERATIVE ELECTION COMMISSIONER, OFFICE OF STATE CO-OPERATIVE ELECTION COMMISSION, PALAYAM, THIRUVANANTHAPURAM, PIN - 695 003.**
**9. BOARD OF DIRECTORS,**
**THE KOZHIKODE DISTRICT CO-OPERATIVE BANK LTD., KALLAI ROAD, KOZHIKODE, PIN - 673 002, REPRESENTED BY ITS PRESIDENT.**
## ***ADDL.R10 TO R108 ARE IMPLEADED**
**Addl.R10. VATAKARA TOWN CO-OPERATIVE URBAN SOCIETY LTD. NO.D.2822 P.O.VATAKARA, KOZHIKODE DISTRICT, PIN - 673 101, REPRESENTED BY ITS SECRETARY.**
**Addl.R11. BADAGARA EDUCATIONAL CO-OPERATIVE URBAN SOCIETY LTD. NO.D.2330, NEAR NEW BUS STAND, VATAKARA - 673 101, REPRESENTED BY ITS SECRETARY.**
**Addl.R12. KAKKATTIL CO-OPERATIVE URBAN SOCIETY LTD.NO.D.2764 P.O.KAKKATTIL, KOZHIKODE - 673 507, REPRESENTED BY ITS SECRETARY.**
**Addl.R13. PANANGAD CO-OPERATIVE URBAN SOCIETY LTD. NO.D.2803 P.O.BALUSSERY MUKKU, VATOLI BAZAR, KOZHIKODE - 673 612, REPRESENTED BY ITS SECRETARY.**
- **Addl.R14. KOYILANDY SAHAKARANA URBAN SOCIETY LTD. NO.D.2832 P.O.KOYILANDY, KOZHIKODE - 673 305, REPRESENTED BY ITS SECRETARY.**
- **Addl.R15. THE KAPPAD CO-OPERATIVE URBAN SOCIETY LTD. NO.D2842 P.O.KAPPAD, CHEMANCHERY, KOZHIKODE - 673 304, REPRESENTED BY ITS SECRETARY**
- **Addl.R16. MEPPAYUR CO-OPERATIVE URBAN SOCIETY LTD.NO.D.2811 P.O.MEPPAYUR, KOZHIKODE - 673 524, REPRESENTED BY ITS SECRETARY.**
- **Addl.R17. PERUVAYAL PANCHAYATH CLAY WORKERS INDUSTRIAL CO-OPERATIVE SOCIETY LTD. NO.K.V.IND(D) 10, P.O.POOVATTUPARAMBA, KOZHIKODE - 673 008, REPRESENTED BY ITS SECRETARY**
- **Addl.R18. KOZHIKODE CORPORATION VANITHA CO-OPERATIVE SOCIETY LTD.NO.D.2790, P.O.POKKUNNU, KOZHIKODE - 673 007, REPRESENTED BY ITS SECRETARY**
**Addl.R19. BEYPORE TOWN FISHERMEN DEVELOPMENT WELFARE CO-OPERATIVE SOCIETY LTD.NO.F(K)146, P.O.BEYPORE, KOZHIKODE - 673 015, REPRESENTED BY ITS SECRETARY.**
**W.A.No. 1511 of 2014 : 3 :**
## **Addl.R20. VATAKARA MUTTUNGAL FISHERMEN DEVELOPMENT WELFARE COOPERATIVE SOCIETY LTD.NO.(K)19, P.O.VATAKARA, KOZHIKODE - 673 101, REPRESENTED BY ITS SECRETARY.**
- **Addl.R21. BEYPORE CO-OPERATIVE URBAN SOCIETY LTD. NO.D.2765 P.O.NORTH BEYPORE, KOZHIKODE - 673 315, REPRESENTED BY ITS SECRETARY.**
**Addl.R22. KOZHIKODE KERA KARSHAKA SAHAKARANA SANGAM LTD. NO.D.2768 P.O.MUKKOM, KOZHIKODE - 673 582, REPRESENTED BY ITS SECRETARY.**
**Addl.R23. MUKKOM VANITHA SAHAKARANA SANGAM LTD. NO.D.2805 P.O.MUKKOM, KOZHIKODE - 673 582, REPRESENTED BY ITS SECRETARY.**
**Addl.R24. VATAKARA NORTHA MALSYA THOZHILALI VIKASANA KESHMA SAHAKARANA SANGAM LTD.NO.D.F(C)183/93 P.O.VATAKARA, KOZHIKODE - 673 101, REPRESENTED BY ITS SECRETARY.**
**Addl.R25. KADATHANAD KSHEERA VYAVASAYA CO-OPERATIVE SOCIETY LTD. NO. (D)33, NADAKKUTHAZHA, VATAKARA, KOZHIKODE - 673 101, REPRESENTED BY ITS SECRETARY.**
**Addl.R26. AROOR CO-OPERATIVE URBAN SOCIETY LTD. NO.D.2745 P.O.ARUR, VIA KAKKATTIL, KOZHIKODE - 673 507, REPRESENTED BY ITS SECRETARY.**
**Addl.R27. VALIAMANGAD FISHERMEN WELFARE DEVELOPMENT CO-OPERATIVE SOCIETY LTD.NO.DF(C)NO.168/93 P.O.KOYILANDY, KOZHIKODE - 673 305, REPRESENTED BY ITS SECRETARY.**
**Addl.R28. CHEMANCHERY RURAL CO-OPERATIVE HOUSING SOCIETY LTD. NO.D.1941, P.O.KOYILANDY, KOZHIKODE - 673 305, REPRESENTED BY ITS SECRETARY.**
**Addl.R29. MEMUNDA CO-OPERATIVE URBAN SOCIETY LTD.NO.D 2828, P.O.CHALLI VAYAL, KOZHIKODE - 673 104, REPRESENTED BY ITS SECRETARY.**
**Addl.R30. PARAKKADAVU CO-OPERATIVE URBAN SOCIETY LTD.NO.D.2756 P.O.PARAKKADAVU, KOZHIKODE - 673 509, REPRESENTED BY ITS SECRETARY.**
**Addl.R31. MUTTANGAL MALSYA THOZHILALI VIKASANA KSHEMA SAHAKARANA SANGAM LTD.NO.D.F(C)181/93, P.O.MUTTUNGAL, KOZHIKODE - 673 106, REPRESENTED BY ITS SECRETARY.**
**Addl.R32. CHOMBALA MALSYA THOZHILALI KSHEMA SAHAKARANA SANGAM LTD. NO.D.F(C)178/93, P.O.CHOMBALA, KOZHIKODE - 673 308, REPRESENTED BY ITS SECRETARY.**
**W.A.No. 1511 of 2014 : 4 :**
## **Addl.R33. THAI KADAPURAM MALSYA THOZHILALI VIKASANA KSHEMA SAHAKARANA SANGAM, REG.NO.DF(C)155/93, P.O.MUKHADAR, KOZHIKODE - 673 003, REPRESENTED BY ITS SECRETARY.**
**Addl.R34. EZHUKUDIKKAL MALSYA THOZHILALI VIKASANA KSHEMA SAHAKARANA SANGAM LTD.NO.DF(C)167/93, P.O.EDAKULAM, KOZHIKODE - 673 306, REPRESENTED BY ITS SECRETARY.**
**Addl.R35. KURIYADI MALSYA THOZHILALI VIKASANA KSHEMA SAHAKARANA SANGAM LTD.NO.DF(C)182/93, P.O.VADAKARA, KOZHIKODE - 673 101, REPRESENTED BY ITS SECRETARY.**
**Addl.R36. AZHIYUR MALSYA THOZHILALI VIKASANA KSHEMA SAHAKARANA SANGAM LTD.NO.DF(C)177/93, P.O.AZHIYUR, KOZHIKODE - 673 309, REPRESENTED BY ITS SECRETARY.**
**Addl.R37. TIKKODI MALSYA THOZHILALI VIKASANA KSHEMA SAHAKARANA SANGAM LTD.NO.DF(C)174/93, P.O.TIKKODI, KOZHIKODE - 673 529, REPRESENTED BY ITS SECRETARY.**
**Addl.R38. VADAKARA SOUTH MALSYA THOZHILALI VIKASANA KSHEMA SAHAKARANA SANGAM LTD.NO.DF(C)184/93, P.O.VADAKARA, KOZHIKODE - 673 101, REPRESENTED BY ITS SECRETARY.**
**Addl.R39. VELLAYIL FISHERMEN WELFARE DEVELOPMENT CO-OPERATIVE URBAN SOCIETY LTD.NO.DF(C).156/93, P.O.VELLAYIL, KOZHIKODE - 673 011, REPRESENTED BY ITS SECRETARY.**
**Addl.R40. THOPPAYIL FISHERMEN WELFARE DEVELOPMENT CO-OPERATIVE URBAN SOCIETY LTD.NO.DF(C).158/93, P.O.NADAKAVU, KOZHIKODE - 673 011, REPRESENTED BY ITS SECRETARY**
**Addl.R41. MADAPPALI MALSYA THOZHILALI VIKASANA KSHEMA SAHAKARANA SANGAM LTD.NO.DF(C)180/93, P.O.MADAPPALI, KOZHIKODE - 673 102, REPRESENTED BY ITS SECRETARY.**
**Addl.R42. KURUVATTOOR PANCHAYAT KHADI AND VILLAGE INDUSTRIES COOPERATIVE SOCIETY LTD.NO.KV IND.(D)14, P.O.PARAMBIL, KOZHIKODE - 673 012, REPRESENTED BY ITS SECRETARY.**
**Addl.R43. KOYILANDY MALSYA THOZHILAI VIKASANA KSHEMA SAHAKARANA SANGAM LTD.NO.DF(C)171/93, P.O.KOYILANDY, KOZHIKODE - 673 305, REPRESENTED BY ITS SECRETARY.**
**Addl.R44. VIRUNNUKANDY MALSYA THOZHILALI VIKASANA KSHEMA SAHAKARANA SANGAM LTD. NO.DF(C)170/93, P.O.KOYILANDY, KOZHIKODE - 673 305, REPRESENTED BY ITS SECRETARY.**
**Addl.R45. KOLLAM MALSYA THOZHILALI VIKASANA KSHEMA SAHAKARANA SANGAM LTD. NO.DF(C)172/93, P.O.KOLLAM, QUILANDY, PIN - 673 307, REPRESENTED BY ITS SECRETARY.**
**W.A.No. 1511 of 2014 : 5 :**
**Addl.R46. MELADY MALSYA THOZHILALI VIKASANA KSHEMA SAHAKARANA SANGAM LTD.NO.DF(C)175/93, P.O.PAYOLI, PIN - 673 522, REPRESENTED BY ITS SECRETARY.**
**Addl.R47. CHERIYAMANGAD MALSYA THOZHILALI VIKASANA KSHEMA SAHAKARANA SANGAM LTD.NO.DF(C)169/93, P.O.KOYILANDY, PIN - 673 305, REPRESENTED BY ITS SECRETARY.**
**Addl.R48. KANNANKADAVU MALSYA THOZHILALI VIKASANA KSHEMA SAHAKARANA SANGAM LTD.NO.DF(C)165/93, P.O.KAPPAD, KOZHIKODE - 673 304, REPRESENTED BY ITS SECRETARY.**
**Addl.R49. PALLIKANDI MALSYA THOZHILALI VIKASANA KSHEMA SAHAKARANA SANGAM LTD. NO.DF(C)161/93, P.O.PALLIKANDI, KOZHIKODE - 673 003, REPRESENTED BY ITS SECRETARY.**
**Addl.R50. WESTHILL MALSYA THOZHILALI VIKASANA KSHEMA SAHAKARANA SANGAM LTD NO.DF(C)159/93, P.O.WESTHILL, KOZHIKODE - 673 005, REPRESENTED BY ITS SECRETARY.**
**Addl.R51. IRINGAL MALSYA THOZHILALI VIKASANA KSHEMA SAHAKARANA SANGAM LTD. NO.DF(C)176/93, P.O.IRINGAL, KOZHIKODE - 673 521, REPRESENTED BY ITS SECRETARY.**
**Addl.R52. PUTHIYANGADI MALSYA THOZHILALI VIKASANA KSHEMA SAHAKARANA SANGAM LTD.NO.DF(C)160/93, ATHANI BEACH, WESTHILL, KOZHIKODE - 673 005, REPRESENTED BY ITS SECRETARY.**
**Addl.R53. PUTHIYAPPA NORTH MALSYA THOZHILALI VIKASANA KSHEMA SAHAKARANA SANGAM LTD.NO.DF(C)163/93, P.O.PUTHIYAPPA, ` KOZHIKODE - 673 021, REPRESENTED BY ITS SECRETARY.**
- **Addl.R54. KUTTIADI VANITHA CO-OPERATIVE SOCIETY LTD.NO.D.2775 P.O.KUTTIYADI, KOZHIKODE -673 508, REPRESENTED BY ITS SECRETARY.**
- **Addl.R55. VADAYAM KSHEEROLPADAKA SAHAKARANA SANGAM LTD.NO.D.170(D) APCOS, P.O VADAYAM, KOZHIKODE - 673 508, REPRESENTED BY ITS SECRETARY.**
- **Addl.R56. ERAMANGALAM KSHEEROLPADAKA SAHAKARANA SANGAM LTD. NO.D.122(D) APCOS, P.O.ERAMANGALAM, KOZHIKODE - 673 612, REPRESENTED BY ITS SECRETARY.**
- **Addl.R57. CALICUT CO-OPERATIVE HOUSE CONSTRUCTION SOCIETY LTD.NO.F.1284, YMCA ROAD, CALICUT - 673 020, REPRESENTED BY ITS SECRETARY.**
- **Addl.R58. MUKKOM YANTHRAVALKATRA CHIKARI SAHAKARANA SANGAM LTD. NO.D.911, P.O.MANASSERY, KOZHIKODE - 673 602, REPRESENTED BY ITS SECRETARY.**
**Addl.R59. AYANIKKAD KSHEEROLPADAKA SAHAKARANA SANGAM LTD. NO.D.184 (D) APCOS, P.O.AYANIKKAD, KOZHIKODE - 673 521, REPRESENTED BY ITS SECRETARY.**
**W.A.No. 1511 of 2014 : 6 :**
**Addl.R60. KARANTHUR VANITHA SAHAKARANA SANGAM LTD. NO.D.2821 P.O.KARANTHUR, KUNNAMANGALAM - 673 571, KOZHIKODE, REPRESENTED BY ITS SECRETARY.**
**Addl.R61. THIRUMANA KSHEEROLPADAKA SAHAKARANA SANGAM LTD. NO.D.149 (D) APCOS, P.O.VILAPPALI, KOZHIKODE - 673 542, REPRESENTED BY ITS SECRETARY.**
**Addl.R62. MARUTHOMKARA KSHEEROLPADAKA SAHAKARANA SANGAM LTD. `` NO.D.53(D), APCOS, P.O. PASSUKADAVU, KOZHIKODE - 673 513, REPRESENTED BY ITS SECRETARY.**
**Addl.R63. PANTHIRIKKARA CO-OPERATIVE RURAL HOUSING SOCIETY LTD. NO.D.2331, P.O.AVADUKKA, KOZHIKODE - 673 528, REPRESENTED BY ITS SECRETARY.**
**Addl.R64. CITY CO-OPERATIVE HOSPITAL LTD. NO.D.2818, N.P ABUSAHEB ROAD, VATTAMPOYIL, KOZHIKODE - 673 003, REPRESENTED BY ITS SECRETARY.**
**Addl.R65. KAVILUMPARA KSHEEROLPADAKA SAHAKARANA SANGAM LTD.NO.F 1803, APCOS, P.O.KAVILUMPARA, KOZHIKODE - 673 513, REPRESENTED BY ITS SECRETARY.**
**Addl.R66. KOODATHAI BAZAR KSHEEROLPADAKA SAHAKARANA SANGAM LTD. NO.D198(D), APCOS, KOODATHAI BAZAR, THAMARASSERY, KOZHIKODE - 673 573, REPRESENTED BY ITS SECRETARY.**
- **Addl.R67. KOORACHUNDU CO-OPERATIVE URBAN SOCIETY LTD. NO.D-2758 P.O.KOORACHUNDU, KOZHIKODE - 673 527, REPRESENTED BY ITS SECRETARY.**
- **Addl.R68. PULLALUR KSHEEROLPADAKA SAHAKARANA SANGAM LTD. NO.D.132(D) APCOS, P.O.PULLALUR, KOZHIKODE - 673 585, REPRESENTED BY ITS SECRETARY.**
- **Addl.R69. BALUSSERY KSHEEROLPADAKA SAHAKARANA SANGAM LTD.NO.D136 (D) APCOS, BALUSSERY, KOZHIKODE - 673 612, REPRESENTED BY ITS SECRETARY.**
- **Addl.R70. THUVAKKODE COIR VYAVASAYA CO-OPERATIVE SOCIETY LTD. NO.D782, P.O.THUVAKKODE, KOZHIKODE - 673 304, REPRESENTED BY ITS SECRETARY.**
- **Addl.R71. KAIRALI VANITHA CO-OPERATIVE SOCIETY LTD.NO.D 2840 P.O.PUTHOORMADAM, PANTHIEERANAKAVE, KOZHIKODE - 673 019, REPRESENTED BY ITS SECRETARY**
- **Addl.R72. NOCHAD VANITHA SAHAKARANA SANGAM LTD.NO.D 2843 P.O.ANCHANPEEDIKA, KALPATHUR, KOZHIKODE - 673 524, REPRESENTED BY ITS SECRETARY.**
- **Addl.R73. PANDIKODE KSHEEROLPADAKA SAHAKARANA SANGAM LTD. NO.151(D) APCOS, MANNANAM, KOZHIKODE - 673 525, REPRESENTED BY ITS SECRETARY.**
**W.A.No. 1511 of 2014 : 7 :**
**Addl.R74. KODUVALLY CO-OPERATIVE HOUSING SOCIETY LTD.NO.D2299 P.O.KODUVALLY, KOZHIKODE - 673 572, REPRESENTED BY ITS SECRETARY.**
**Addl.R75. AZHIYUR CO-OPERATIVE RURAL HOUSING SOCIETY LTD.NO.F 1794 P.O.CHOMBALA, KOZHIKODE - 673 308, REPRESENTED BY ITS SECRETARY.**
**Addl.R76. PERAMBRA VANITHA SAHAKARANA SANGAM LTD.NO.D2833 P.O.PERAMBRA, KOZHIKODE - 673 525, REPRESENTED BY ITS SECRETARY.**
**Addl.R77. URALLOOR KSHEEROLPADAKA SAHAKARANA SANGAM LTD.NO.D186(D) APCOS, OTTAKANDAM, KOZHIKODE - 673 620, REPRESENTED BY ITS SECRETARY.**
**Addl.R78. PANTHALAYINI MILK SUPPLY CO-OPERATIVE SOCIETY LTD. NO.D1931 QUILANDY, KOZHIKODE - 673 305, REPRESENTED BY ITS SECRETARY.**
- **Addl.R79. VANMUHAM MALSYA THOZHILALI VIKASANA SAHAKARANA SANGAM LTD.NO.DF(C)173/93, KADALOOR, KOZHIKODE - 673 529, REPRESENTED BY ITS SECRETARY.**
- **Addl.R80. VELLIYODE KSHEEROLPADAKA SAHAKARANA SANGAM LTD.NO.D 1588, P.O.VILANGAD, KOZHIKODE - 673 506, REPRESENTED BY ITS SECRETARY.**
- **Addl.R81. OMASSERY CO-OPERATIVE URBAN SOCIETY LTD NO.2829 P.O.OMASSERY, KOZHIKODE - 673 582, REPRESENTED BY ITS SECRETARY.**
**Addl.R82. KIZHUR KSHEEROLPADAKA SAHAKARANA SANGAM LTD. NO.D75(D) APCOS, P.O.KILUR, MELADY, KOZHIKODE - 673 522, REPRESENTED BY ITS SECRETARY.**
**Addl.R83. CHAKKIATTAPARA KSHEEROLPADAKA SAHAKARANA SANGAM LTD.NO.D43(D), P.O.CHAKKITTAPARA, KOZHIKODE - 673 526, REPRESENTED BY ITS SECRETARY.**
**Addl.R84. CHEMBANODA-POZHITHODU KSHEEROLPADAKA SAHAKARANA SANGAM LTD.NO.D48(D)APCOS, P.O.CHEMBANODA, KOZHIKODE - 673 528, REPRESENTED BY ITS SECRETARY.**
- **Addl.R85. ARAMBRAM KSHEEROPADAKA SAHAKARANA SANGAM LTD.NO.D110(D) APCOS, P.O.PADANILAM, KOZHIKODE - 673 571, REPRESENTED BY ITS SECRETARY.**
- **Addl.R86. KASABA VANITHA CO-OPERATIVE SOCIETY LTD.NO.2802 P.O.CHALAPPURAM, KOZHIKODE - 673 002, REPRESENTED BY ITS SECRETARY.**
- **Addl.R87. RAMANATTUKARA EDUCATIONAL CO-OPERATIVE SOCIETY OF SCIENCE & TECHNOLOGY LTD.NO.2794, P.O.RAMANATTUKARA, KOZHIKODE - 673 633, REPRESENTED BY ITS SECRETARY.**
## **W.A.No. 1511 of 2014 : 8 :**
## **Addl.R88. MANAYATH CHANDRAN (PO)**
**PRESIDENT, KOZHIKODE DISTRICT CO-OPERATIVE BANK LTD., KALLAI ROAD, KOZHIKODE - 673 002.**
**Addl.R89. ADVOCATE MOOSA, IRAKUNIYIL, DIRECTOR, KOZHIKODE DISTRICT COOPERATIVE BANK LTD., KALLAI ROAD, KOZHIKODE - 673 002.**
**Addl.R90. N.SUBRAMANIAN, DIRECTOR, KOZHIKODE DISTRICT CO-OPERATIVE BANK LTD., KALLAI ROAD, KOZHIKODE - 673 002.**
- **Addl.R91. P.A.ANTONY, DIRECTOR, KOZHIKODE DISTRICT CO-OPERATIVE BANK LTD., KALLAI ROAD, KOZHIKODE - 673 002.**
- **Addl.R92. ASOK GEORGE, DIRECTOR, KOZHIKODE DISTRICT CO-OPERATIVE BANK LTD., KALLAI ROAD, KOZHIKODE - 673 002.**
**Addl.R93. K.K.ABDU RAHIMAN, DIRECTOR, KOZHIKODE DISTRICT CO-OPERATIVE BANK LTD., KALLAI ROAD, KOZHIKODE - 673 002.**
- **Addl.R94. SMT.K.V.CHANDRI, DIRECTOR, KOZHIKODE DISTRICT CO-OPERATIVE BANK LTD., KALLAI ROAD, KOZHIKODE - 673 002.**
- **Addl.R95. GOPALAN MASTER PUNATHIL, DIRECTOR, KOZHIKODE DISTRICT COOPERATIVE BANK LTD., KALLAI ROAD, KOZHIKODE - 673 002.**
- **Addl.R96. SMT.M.M.JAMEELA, DIRECTOR, KOZHIKODE DISTRICT CO-OPERATIVE BANK LTD., KALLAI ROAD, KOZHIKODE - 673 002.**
**Addl.R97. K.T JAMES, DIRECTOR, KOZHIKODE DISTRICT CO-OPERATIVE BANK LTD., KALLAI ROAD, KOZHIKODE - 673 002.**
- **Addl.R98. K.A. KADER, DIRECTOR, KOZHIKODE DISTRICT CO-OPERATIVE BANK LTD., KALLAI ROAD, KOZHIKODE - 673 002.**
**Addl.R99. KOYAKKUTTY.P, DIRECTOR, KOZHIKODE DISTRICT CO-OPERATIVE BANK LTD., KALLAI ROAD, KOZHIKODE - 673 002.**
**Addl.R100. SMT.MILLY MOHAN, DIRECTOR, KOZHIKODE DISTRICT CO-OPERATIVE BANK LTD., KALLAI ROAD, KOZHIKODE - 673 002.**
- **Addl.R101. K.T.PREMARAJAN, DIRECTOR, KOZHIKODE DISTRICT CO-OPERATIVE BANK LTD., KALLAI ROAD, KOZHIKODE - 673 002.**
- **Addl.R102. U.RAJEEVAN, DIRECTOR, KOZHIKODE DISTRICT CO-OPERATIVE BANK LTD., KALLAI ROAD, KOZHIKODE - 673 002.**
- **Addl.R103. K.P.RAMESAN, DIRECTOR, KOZHIKODE DISTRICT CO-OPERATIVE BANK LTD., KALLAI ROAD, KOZHIKODE - 673 002.**
- **Addl.R104. SAGHEESH BABU, DIRECTOR, KOZHIKODE DISTRICT CO-OPERATIVE BANK LTD., KALLAI ROAD, KOZHIKODE - 673 002.**
- **Addl.R105. T.M.SIVARAJAN, DIRECTOR, KOZHIKODE DISTRICT CO-OPERATIVE BANK LTD., KALLAI ROAD, KOZHIKODE - 673 002.**
**W.A.No. 1511 of 2014 : 9 :**
## **Addl.R106. SMT.SOUDHAMINI. D, DIRECTOR, KOZHIKODE DISTRICT CO-OPERATIVE BANK LTD., KALLAI ROAD, KOZHIKODE - 673 002.**
**Addl.R107. SUKUMARAN. V, DIRECTOR, KOZHIKODE DISTRICT CO-OPERATIVE BANK LTD., KALLAI ROAD, KOZHIKODE - 673 002.**
**Addl.R108. P.M.THOMAS MASTER, DIRECTOR, KOZHIKODE DISTRICT COOPERATIVE BANK LTD., KALLAI ROAD, KOZHIKODE - 673 002.**
*** R10 TO R108 ARE IMPLEADED AS ADDITIONAL RESPONDENTS AS PER ORDER DTD.16.12.14 IN I.A.1237/14 IN W.A.NO.1511/14.**
## **R1, R2, R3, R6, R7 & R8 BY GOVERNMENT PLEADER SRI.SHAMEER.P.M.**
**R4, R5 & R9 BY SRI.R.SUDHISH, SC, KOZHIKODE DIST.CO.OP. BANK LIMITED**
**Addl.R10,R11 BY ADV. SMT.THUSHARA.V**
**R13-R16,R 27,R 28,R 34,R 37,R 43-R48,R 51,R 56,R 59,R 63,R 67,R 69, R 70,R 72,R 73,R 76,R 77,R 78,R 79,R 82,R 83 & R 84 BY ADVS. SRI.B.S.SWATHY KUMAR SMT.REMYA MURALI SMT.T.RESHMA**
## **R9,R89-R92,R94-R103,R105-R108 BY ADV. SRI.MANU.G.RAJAN**
**R31 BY ADV. SRI.A.N.SANTHOSH**
**R26,R54,R55,R62,R65,R80 BY ADV. SRI.P.P.JACOB**
**R3,R15,R16,R20,R26,R32,R52 & 66 BY ADV. SRI.P.N.MOHANAN**
**R10,R12,R14,R30,R41,R43,R44,R48,R49,R51,R55,R62& 78 BY ADV. SRI.P.V.BABY**
**R9,R89-R92,R94-R103,R105-R108,R 93 BY ADV. SRI.GEORGE POONTHOTTAM**
**THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 01-02-2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:**
## **W.A.No. 1511 of 2014**
## **------------------------------**
## **APPENDIX**
## **PETITIONER'S ANNEXURES**
|**ANNEXURE A1**|**:**|**TRUE COPY OF THE INTERIM ORDER IN WRIT PETITION**|
|---|---|---|
|||**2007/2013 FILED BY PANANGAD CO-OPERATIVE URBAN**|
|||**SOCIETY & 3 OTHERS**|
|**ANNEXURE A2**|**:**|**TRUE COPY OF THE INTERIM ORDER IN WRIT PETITION**|
|||**2042/13 FILED BY PERUVAYAL PANCHAYAT CLAY**|
|||**WORKERS INDUSTRIAL CO-OPERATIVE SOCIETY & 4**|
|||**OTHERS**|
|**ANNEXURE A3**|**:**|**TRUE COPY OF THE INTERIM ORDER IN WRIT PETITION**|
|||**2540/2013 FILED BY MUTTUNGAL MALSYA THOZHILALI**|
|||**VIKASANA KSHEMA SAHAKARANA SANGAM &**|
|||**ANOTHER**|
|**ANNEXURE A4**|**:**|**TRUE COPY OF THE INTERIM ORDER IN WRIT PETITION**|
|||**2541/2013 FILED BY MEMUNDA CO-OPERATIVE URBAN**|
|||**SOCIETY & ANOTHER**|
|**ANNEXURE A5**|**:**|**TRUE COPY OF THE INTERIM ORDER IN WRIT PETITION**|
|||**2542/2013 FILED BY VALIYAMANGAD FISHERMEN**|
|||**WELFARE DEVELOPMENT CO-OPERATIVE SOCIETY &**|
|||**ANOTHER**|
|**ANNEXURE A6**|**:**|**TRUE COPY OF THE INTERIM ORDER IN WRIT PETITION**|
|||**2549/2013 FILED BY VADAKARA NORTH MALSYA**|
|||**THOZHILALI VIKASANA KSHEMA SAHAKARANA**|
|||**SANGAM & 2 OTHERS**|
|**ANNEXURE A7**|**:**|**TRUE COPY OF THE INTERIM ORDER IN WRIT PETITION**|
|||**2753/2013 FILED BY THAIKKADAPURAM MALSYA**|
|||**THOZHILALI VIKASANA KSHEMA SAHAKARANA**|
|||**SANGAM & 21 OTHERS**|
|**ANNEXURE A8**|**:**|**TRUE COPY OF THE INTERIM ORDER IN WRIT PETITION**|
|||**3062/2013 FILED BY THUVAKODE COIR VYAVASAYA CO-**|
|||**OPERATIVE SOCIETY & 15 OTHERS**|
|**ANNEXURE A9**|**:**|**TRUE COPY OF THE INTERIM ORDER IN WRIT PETITION**|
|||**3150/2013 FILED BY KASABA VANITHA CO-OPERATIVE**|
|||**SOCIETY**|
|**ANNEXURE A10**|**:**|**TRUE COPY OF THE INTERIM ORDER IN WRIT PETITION**|
|||**2379/2013 FILED BY MOKKAM VANITHA SAHAKARANA**|
|||**SANGAM**|
**W.A.No. 1511 of 2014**
**------------------------------**
- **ANNEXURE A11 : TRUE COPY OF THE INTERIM ORDER IN WRIT PETITION 2269/2013 FILED BY KOZHIKODE KERA KARSHAKA SAHAKARANA SANGHAM LTD.**
- **ANNEXURE A12 : TRUE COPY OF THE INTERIM ORDER IN WRIT PETITION 2054/2013 FILED BY THE CALICUT CITY SERVICE COOPERATIVE BANK**
- **ANNEXURE A13 : TRUE COPY OF THE INTERIM ORDER IN WRIT PETITION 2939/2013 FILED BY VADAYAN KSHEEROLPADAKA SAHAKARANA SANGAM & 14 OTHERS**
- **ANNEXURE A14 : TRUE COPY OF THE INTERIM ORDER IN WRIT PETITION 1732/2013 FILED BY VADAKARA TOWN CO-OPERATIVE URBAN SOCIETY & 2 OTHERS**
- **ANNEXURE A15 : TRUE COPY OF THE STATUS REPORT DATED 7.3.2013 IN WRIT PETITION 2007/2013**
- **ANNEXURE A16 : TRUE COPY OF THE STATUS REPORT DATED 7.3.2013 IN WRIT PETITION 2042/13**
- **ANNEXURE A17 : TRUE COPY OF THE STATUS REPORT DATED 7.3.2013 IN WRIT PETITION 2540/2013**
- **ANNEXURE A18 : TRUE COPY OF THE STATUS REPORT DATED 7.3.2013 IN WRIT PETITION 2541/2013**
- **ANNEXURE A19 : TRUE COPY OF THE STATUS REPORT DATED 7.3.2013 IN WRIT PETITION 2542/2013**
- **ANNEXURE A20 : TRUE COPY OF THE STATUS REPORT DATED 7.3.2013 IN WRIT PETITION 2549/2013**
- **ANNEXURE A21 : TRUE COPY OF FINAL ORDER DATED 7.3.2013 IN WRIT PETITION 2753/13**
- **ANNEXURE A22 : TRUE COPY OF THE STATUS REPORT DATED 7.3.2013 IN WRIT PETITION 3062/2013**
- **ANNEXURE A23 : TRUE COPY OF THE STATUS REPORT DATED 20.2.2013 IN WRIT PETITION 3150/2013**
- **ANNEXURE A24 : TRUE COPY OF THE STATUS REPORT DATED 20.2.2013 IN WRIT PETITION 2379/2013**
- **ANNEXURE A25 : TRUE COPY OF THE STATUS REPORT DATED 13.11.2014 IN WRIT PETITION 2269/2013**
- **ANNEXURE A26 : TRUE COPY OF THE STATUS REPORT DATED 22.11.2014 IN WRIT PETITION 2054/2013**
- **ANNEXURE A27 : TRUE COPY OF THE STATUS REPORT DATED 27.11.2014 IN WRIT PETITION 2939/2013**
**W.A.No. 1511 of 2014 ------------------------------**
|**ANNEXURE A28**|**:**|**TRUE COPY OF COMMON JUDGMENT IN W.P(C)**|
|---|---|---|
|||**NO.2540/13, 2541/13, 2542/13, 2549/13, 2753/13 AND**|
|||**3062/13**|
|**ANNEXURE A29**|**:**|**TRUE COPY OF JUDGMENT IN W.P(C) NO.2939/13**|
|**ANNEXURE A30**|**:**|**TRUE COPY OF THE UNSTARRED QUESTION AND ITS**|
|||**ANSWER WITH ENGLISH TRANSLATION**|
## **RESPONDENTS' ANNEXURES**
## **NIL**
**//True Copy//**
**P.A. To Judge**
**Bb**
## **THOTTATHIL B.RADHAKRISHNAN & DEVAN RAMACHANDRAN, JJ.**
**============================== W.A.No.1511 of 2014 ============================== Dated this, the 01[st] day of February, 2017.**
## **J U D G M E N T**
## Thottathil B.Radhakrishnan, J.
We have heard the learned counsel for the appellant/writ petitioner, the learned counsel for the contesting respondents and the learned Senior Government Pleader.
2. The writ petition from which this appeal arises was filed challenging an election notification in terms of the provisions of the Kerala Co-operative Societies Act, 1969, hereinafter referred to as 'the KCS Act', for short.
3. Going by the material facts, it appears that the electoral college is constituted from different categories. The question that ultimately emerged for consideration during the course of the writ petition was as to whether the electoral college has been duly identified in terms of
W.A.No.1511 of 2014 : 2 :
the provisional voters' list, as also, the final voters' list. The inclusion or exclusion of certain Co-operative Societies on the basis of their eligibility conditions appears to be an issue, whatever that be, during the course of the proceedings. Elections were held on the basis of provisional orders issued by this Court. Those interlocutory orders now stand merged in the judgment dated 24.09.2014, which is challenged in this writ appeal.
4. The learned counsel for the appellant/writ petitioner submits that 78 Co-operative Societies had earlier filed writ petitions seeking inclusion in the voters list. It appears that there were interlocutory orders for provisional admission into the electoral college. Thereafter, after enjoying the benefit of interlocutory orders, those writ petitions were withdrawn or closed as infructuous by those 78 Societies. This is also a moot issue on which the appellant before us is allegedly aggrieved, since, according to him, that would have a direct impact on the total number of votes that could have been polled in favour or against any particular candidate.
W.A.No.1511 of 2014 : 3 :
5. The aforesaid discussions will clearly show that the learned single Judge was well founded in saying that it would not be possible within the jurisdiction of the High Court under Article 226 of the Constitution to adjudicate on the different questions, including the eligibility of the different voters and the constitution of the electoral college on the basis of the provisional list and the final list. The learned single Judge was abundantly justified in being extremely cautious in further pushing forward in the writ jurisdiction and confining the adjudication to be one which had to be closed down paving way for further proceedings in terms of the provisions of Section 69 of the KCS Act. The learned single Judge had also noticed the Bench decision in **Sulthan Bathery Co-operative Agricultural and Rural Development Bank Limited, Wayanad v. Jayaprakash P.R. [2014 (3) KHC 51]** , to notice that the period of limitation for instituting proceedings under Section 69 could be regulated by the High Court while exercising writ jurisdiction under Article 226 and thereby, directing that the time taken in
W.A.No.1511 of 2014 : 4 :
prosecuting the case in writ jurisdiction could be excluded on the basis of principles akin to Section 14 of the Limitation Act.
6. We do not find our way to disagree with the approach adopted by the learned single Judge. However, we need to say that the authority which may be moved under Section 69 of the KCS Act would ensure that the earlier interlocutory orders issued during the course of W.P.(C).No.2303/2013 and also the interim orders and final judgments issued in the different writ petitions filed by the afore-noted 78 Societies are not treated of such value as would impair the rights of the parties to the election dispute to raise all conditions _de hors_ those interlocutory orders or final judgments. With this clarification, we direct that any dispute to be raised under Section 69, within a period of 30 days from today will be entertained as if it is within the prescribed period of limitation and that dispute shall be adjudicated in accordance with law and having regard to what we have clarified above in relation to the judgments and orders
W.A.No.1511 of 2014 : 5 :
issued by the High Court. That shall also be done untrammelled by anything stated in this judgment except to the aforesaid extent and the judgment of the learned single Judge. Having regard to the fact that nearly four years would have passed through by now after the election is over, we are sure that the authority to be moved under Section 69, will expedite final disposal of that matter.
The writ appeal is ordered accordingly.
Sd/-
**THOTTATHIL B.RADHAKRISHNAN, JUDGE.**
Sd/-
**DEVAN RAMACHANDRAN, JUDGE.**
Bb/03/02/2017
_[True copy]_
_P.A to Judge_