Premarajan and C. M. Rajan v Mukkom Service Co-operative Bank Ltd & Others

## **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** ## **`PRESENT`** ## **`THE HONOURABLE MR.JUSTICE N.NAGARESH`** ``` FRIDAY, THE 26[TH] DAY OF JULY 2024 / 4TH SRAVANA, 1946 WP(C) NO. 26392 OF 2024 ``` ## **`PETITIONERS:`** - **`1 PREMARAJAN`** - **`AGED 65 YEARS, S/O LATE MADHAVAN NAIR, M.NO. A 20620, VADAKKAYIL HOUSE, KALLURUTTY.P.O. KOZHIKODE, PIN – 673 582.`** - **`2 C.M.RAJAN`** - **`AGED 63 YEARS, S/O LATE NAGAN, M.NO. A 8217, CHOYATTIMALAYIL HOUSE, KALLURUTTY.P.O. KOZHIKODE, PIN – 673 582.`** ``` BY ADVS. ``` - **`P.P.JACOB JOHANS JACOB P.`** ## **`RESPONDENTS:`** - **`1 THE MUKKOM, SERVICECO-OPERATIVE BANK LTD NO.F 1241, MUKKOM, KOZHIKODE , REPRESENTED BY ITS SECRETARY, PIN – 673 602.`** - **`2 THE ADMINISTRATIVE COMMITTEE, MUKKOM, SERVICE CO-OPERATIVE BANK LTD NO.F 1241, MUKKOM, KOZHIKODE , REPRESENTED BY ITS CONVENER, PIN – 673 602.`** - **`3 THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (G)KOZHIKODE OFFICE OF THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES, PUTHIYARA, KOZHIKODE, PIN – 673 004.`** W.P.(C) No.26392 of 2024 : 2 : ``` 4THE ELECTORAL OFFICER/ MUKKAM SERVICE CO-OPERATIVE BANK LTD. F 1241, ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES (G), KOZHIKODE OFFICE OF THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES, PUTHIYARA, KOZHIKODE, PIN – 673 004. ``` ``` 5THE KERALA STATE CO-OPERATIVE ELECTION COMMISSION JAWAHAR SAHAKARANA BHAVAN, THIRUVANANTHAPURAM, PIN – 695 033. ``` ``` BY ADVS. ``` ``` JAIBY PAUL ANITA GLENDA PHILIP(K/356/2001) C.M.NAZAR, FOR R4 AND R5 SHEEJA C.S., SENIOR GOVERNMENT PLEADER ``` ``` THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26.07.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` W.P.(C) No.26392 of 2024 : 3 : ## **JUDGMENT** Dated this the 26[th] day of July, 2024 The petitioners are members of the Mukkam Service Co-operative Bank Limited. The previous elected Managing Committee of the Bank had assumed office with effect from 01.11.2018. The elected Committee was superseded and thereafter restored through orders issued by the Court. Again the 3[rd] respondent-Joint Registrar superseded the Committee without any justifiable reason. An Administrator was appointed. 2. Thereafter, the Administrative Committee was appointed including strangers. One member was a retired Secretary of another Bank. The Administrative Committee attempted to give membership which was interdicted by the Court as per Ext.P1 order. Thereafter, the Administrative Committee took resolution and requested the 3[rd] respondent to give membership. Respondents 1 and 2 filed the writ petitions. Both writ petitions were considered together and this Court directed the 3[rd] respondent to consider the matter as per Ext.P3 judgment. W.P.(C) No.26392 of 2024 : 4 : 3. The petitioners state that the 3[rd] respondent issued Ext.P4 order permitting to grant membership without voting right. The Administrative Committee granted provisional membership to thousands persons. The notification for election is published as per Ext.P6. The petitioners filed Ext.P7 representation and verified the membership register. It is revealed that thousands persons are given temporary membership by the Administrative Committee. Those persons are included in the list of members prepared to use in the election as evident from Ext.P5 submitted to the 5[th] respondent. The petitioners have submitted representation requesting to remove the provisional members to whom temporary membership was given without voting right from the list of members prepared to include in the preliminary list of voters to be published on 29.07.2024. 4. The law is settled by the decision of the Supreme Court in **Joint Registrar of Co-operative Societies v. T.A.** _**Kuttappan** [2000 (2) KLT 480]_ that only members who are enrolled by the elected committee have the right to participate in the election process. The petitioners state that it is just and W.P.(C) No.26392 of 2024 : 5 : proper to direct the respondents not to include those provisional members to whom temporary membership was given by the Administrative Committee in the list of members prepared to use in the election. 5. The petitioners therefore seek to direct respondents 4 and 5 to ensure that only ‘A’ Class members vide Serial Nos.1 to 7427 of the membership register are included in the preliminary voters list prepared to be published by the 4[th] respondent as provided by Rule 35A(4) of the Kerala Co-operative Societies Rules, 1969. 6. Counsel entered appearance on behalf of respondents 1 and 2 and filed counter affidavit. In paragraph 6 of the counter affidavit it is stated as follows: 6. As per the records kept In the 1st respondent bank, the erstwhile committee had enrolled the membership No. 22591 dated 15.07.2023 in the category of 'A' class membership as the last enrolled member during their tenure. The membership No. 22592 was deleted on 07.08.2023 due to wrong entry. Subsequently the erstwhile president and another member filed W.P.(C) No.1767 of 2024 and sought direction not to enroll new members at the instance of 2[nd] respondent. During the pendency of the said writ petition this respondent filed W.P.(C) No.13127 of 2024 seeking permission to enroll new members to the bank, taking into consideration of the day to day affairs of the bank. This Hon'ble Court disposed the W.P.(C) No.13127 of 2024, directing the 3[rd] respondent to consider and pass appropriate orders after hearing the interested parties within a period of one month. True copy of W.P.(C) No.26392 of 2024 : 6 : the judgment in WP(C) No.13127 of 2024 dated 01.04.2024 is produced herewith and marked as Exhibit-R1(a), Thereafter this Hon'ble Court pronounced judgment in Ext.P3 with direction to the Departmental Authorities to pass orders in the light of Ext. R1 (a) judgment. After complying the judgment the 3[rd] respondent had Issued Ext.P4 order. In accordance with Ext.P4 order the 1[st] respondent had given 'A' class membership starting with membership No.22593 after 20.05.2024. Thus, until 24.07.2024 this respondent had enrolled membership upto membership No.24033. It is respectfully submitted that as per the directions in accordance with the Ext.P4 order of the 3[rd] respondent, this respondent enrolled 1441 'A' class members from 14.05.2024 to 24.07.2024. These newly enrolled members will not be Included in the voters list which is going to be prepared for the coming forth election scheduled as per Ext.P6 election notification. Now the period of Administrative Committee has extended as per the orders of 3[rd] respondent-Joint Registrar. True copy of the extension order dated 18.07.2024 issued by the 3rd respondent is produced herewith and marked as Exhibit-R1(b). It is respectfully submitted that this respondent Bank is taking necessary steps for the conduct of election scheduled on 06.10.2024 in the light of Ext.P6 election notification as per law. The prayers sought in the above writ petition are unsustainable and the writ petition may not be allowed in the interest of justice. 7. Going through the stand taken by respondents 1 and 2, it is evident that the 3[rd] respondent had enrolled 1441 ‘A’ Class members from 14.05.2024 to 24.07.2024 and these newly enrolled members will not be included in the voters list which is going to be prepared for the ensuing election scheduled as per Ext.P6 election notification. 8. In view of the afore stand taken by respondents 1 and 2 stated in their counter affidavit, the reliefs sought for by the W.P.(C) No.26392 of 2024 : 7 : ## petitioners are substantially met. 9. Counsel appearing for the petitioners submits that only ‘A’ Class members vide serial Nos.1 to 7427 of the membership register should be included in the preliminary voters list prepared to be published by the 4[th] respondent. 10. I find that respondents 1 and 2 have already taken a decision not to include 1441 ‘A’ Class members in the voters list as they are ineligible. If the petitioners find that further ineligible voters are included in the preliminary voters list, it will be open to the petitioners to make objection in accordance with law. With the above observations, the writ petition is disposed of. Sd/- **N. NAGARESH JUDGE** AMR W.P.(C) No.26392 of 2024 : 8 : ## **`APPENDIX OF WP(C) 26392/2024`** ## **`PETITIONERS’ EXHIBITS`** - **`Exhibit P1`** ``` TRUE PHOTOCOPY OF THE INTERIM ORDER DATED 19.3.24 IN W.P.(C) 1767/24. ``` - **`Exhibit P2 TRUE PHOTOCOPY OF RESOLUTION NO. 6 DATED 04.03.24 OF THE ADMINISTRATIVE COMMITTEE.`** - **`Exhibit P3 TRUE PHOTOCOPY OF THE JUDGMENT IN W.P. (C) 1767/24 DATED 09.04.24.`** - **`Exhibit P4 TRUE PHOTOCOPY OF THE ORDER VIDE NO. CRP(1 ) 794/24/K.DJS. DATED 14.05.24.`** - **`Exhibit P5 TRUE PHOTOCOPY OF THE PERFORMA DATED 22.06.2024.`** - **`Exhibit P6 TRUE PHOTOCOPY OF THE NOTIFICATION DATED 02.07.2024 ISSUED FROM THE FIFTH RESPONDENT.`** - **`Exhibit P7 TRUE PHOTOCOPY OF THE REPRESENTATION DATED 06.07.24 SUBMITTED BY THE PETITIONERS.`** - **`Exhibit P8 TRUE PHOTOCOPY OF THE REPRESENTATION FILED BY THE PETITIONERS BEFORE THE ADMINISTRATIVE COMMITTEE AS WELL AS THIRD RESPONDENT.`** - **`Exhibit P9 TRUE PHOTOCOPY OF THE REPRESENTATION FILED BY THE PETITIONERS BEFORE THE RESPONDENTS 3 & 4 DATED 19.07.24.`** - **`RESPONDENTS’ EXHIBITS`** - **`EXHIBIT-R1(a) TRUE COPY OF THE JUDGMENT IN WP(C) NO.13127 OF 2024.DATED 01.04.2024.`** - **`EXHIBIT-R1(b)`** ``` TRUE COPY OF THE EXTENSION ORDER DATED 18.07.2024 ISSUED BY THE 3RD RESPONDENT. ```