High Court of KeralaSingle JudgeWrit Petition dismissed.

Ramesh K.P. Kuruppumpparampil v. Returning Officer, Manjoor Service Co-Operative Bank Ltd. and Others

Case / Petition Number:WP(C).No. 14498 of 2013 (J)

Case Details & Bench

Court
High Court of Kerala
Hon'ble Judges
  • K. Surendra Mohan
Judgment Date
2013-06-10
Court Decision / Holding
This Writ Petition has to fail for the further reason that the proper remedy of the petitioner is an Election Petition under Section 69 of the Act. A Division Bench of this Court has held in Subramanian v. Devicolam Taluk Plantation Workers Coop.Credit Society that the Court should not interfere with the election process under Art. 226 and that disputes arising during the election should be handled via an Election Petition; if disqualification is established, challenges can be raised under S.69. Accordingly, the writ petition is dismissed, without prejudice to pursuing an Election Petition after the election.
Final Disposition
Writ Petition dismissed.

Parties to the Case

Appellants / Petitioners

  • Ramesh K.P. Kuruppumpparampil

Respondents

  • Returning Officer, Manjoor Service Co-Operative Bank Ltd.
  • Manjoor Service Co-Operative Bank Ltd.
  • Kaduthuruthy Urban Co-operative Bank Ltd
  • Sunu George

Legal Representation & Advocates

Counsels for Petitioners

  • • Sri Surin George Ipe
  • • Sri S. Sudarsanan

Counsels for Respondents

  • • Sri D. Somasundaram
  • • Sri P. N. Mohanan

Case Synopsis & Summary

The petitioner, Ramesh K.P., challenges the acceptance of the nomination of the 4th respondent to the Board of Directors of the 2nd respondent bank, scheduled to election on 16.6.2013. The petitioner argues that the 4th respondent is on the board of the 3rd respondent and, under Section 28(2) of the Kerala Co-operative Societies Act, 1969, is disqualified from contesting the 2nd respondent’s election. He also relies on Rule 15 of the Kerala Co-operative Societies Rules, 1969, which classifies the societies, together with Rule 44(1), to claim that both the 2nd and 3rd respondents are of the same type (Credit Societies), making the 4th respondent ineligible. The petitioner contends Exhibit P2—a decision of the 1st respondent—erroneously treats the societies as of different types. The respondents’ arguments defend the order, explaining that Section 2(oa) defines Primary Agricultural Credit Society and Section 2(ta) defines Urban Co-operative Bank; the RBI’s licence and regulatory control distinguish the urban bank format from agricultural credit societies. The court recognizes that Rule 15(4) may classify “Better Farming Co-operative Society” as farming, potentially a different type, but ultimately upholds Exhibit P2 and emphasizes that the proper remedy is an Election Petition under Section 69. It cites Subramanian v. Devicolam Taluk Plantation Workers Coop.Credit Society to reinforce that writ jurisdiction should not impede an ongoing election process, and dismisses the petition, albeit without prejudice to a formal Election Petition after the election.

Provisions of Law Cited

Section 28(2) of the Kerala Co-operative Societies Act, 1969Section 28(3) of the Kerala Co-operative Societies Act, 1969Rule 15 of the Kerala Co-operative Societies Rules, 1969Rule 44(1) of the Kerala Co-operative Societies Rules, 1969Section 2(oa) of the Kerala Co-operative Societies Act, 1969Section 2(ta) of the Kerala Co-operative Societies Act, 1969Section 69 of the Kerala Co-operative Societies ActR.47 of the Government Servants' Conduct RulesSection 28(2)(a) and (b) of the Kerala Co-operative Societies ActRule 15(4) of the Kerala Co-operative Societies Rules, 1969

Legal Doctrines & Maxims

  • Election petitions under Section 69 are the proper remedy for disputes arising during or after an election; writ petitions under Article 226 should not interfere with an ongoing election process.
  • Jurisdictional principle that where election disputes arise at stages of election, remedy lies under S.69 rather than a writ petition; reliance on Subramanian v. Devicolam Taluk Plantation Workers Coop.Credit Society (2004(3) KLT SN 105) to support not interfering with elections and preferring Election Petition for challenges post-election.
  • Notwithstanding clause in S.28(2) (a general regulatory limitation on disqualification) and the exception in S.28(3) for apex/central societies, enabling type-based classification under Rule 15.

Submissions & Arguments

Contentions of Appellants / Petitioners

The petitioner contends that the 4th respondent’s eligibility is barred under Section 28(2) as he sits on another society of the same type, with Rule 15 classifying the involved societies as Credit Societies. He argues Exhibit P2 classifies the societies as same-type, making the nomination invalid under Rule 44(1). The petitioner also questions the Exhibit P2 reasoning that the societies are of different types, urging the Court to quash the nomination on the basis of the disqualification provisions and the type-based classification.

Contentions of Respondents

The Respondents contend that the 2nd respondent is a Primary Agricultural Credit Society (defined in Section 2(oa)) and that the 3rd respondent falls under a different category (Urban Co-operative Bank, defined in Section 2(ta)). They emphasize RBI licensing and regulatory control as distinguishing features that separate the two societies. They argue that there is no ground to interfere with Exhibit P2; the registration details showing the 2nd respondent as a different type (farming vs urban) justify the order. They rely on the definitions of type under the Act and the Rules and on the need to classify the societies correctly under Rule 15(4).

Cited Precedents (1)

Case NameCitationTreatmentExplanation
Subramanian v. Devicolam Taluk Plantation Workers Coop.Credit Society2004(3) KLT SN 105 (Case No.145)PositiveCited to support the proposition that election disputes must be resolved by an Election Petition under S.69 and that a writ petition should not interfere with an ongoing election process.

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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 K.SURENDRA MOHAN MONDAY, THE 10TH DAY OF JUNE 2013/20TH JYAISHTA 1935 WP(C).No. 14498 of 2013 (J) ---------------------------- PETITIONER: ------------------ RAMESH K.P, KURUPPUMPARAMPIL, MANJOOR P.O., KOTTAYAM - 686 603. BY ADVS.SRI.SURIN GEORGE IPE SRI.S.SUDARSANAN RESPONDENT(S): ---------------------------- 1. RETURNING OFFICER, MANJOOR SERVICE CO-OPERATIVE BANK LTD. NO.K-73 INSPECTOR, MEVELLOOR UNIT OFFICE OF THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES VAIKOM -KOTTAYAM - 686 141. 2. MANJOOR SERVICE CO-OPERATIVE BANK LTD., NO.K-73 MANJOOR P.O., KOTTAYAM - 686 603 REPRESENTED BY ITS SECRETARY. 3. THE KADUTHURUTHY URBAN CO-OPERATIVE BANK LTD NO.399 KADUTHURUTHY KOTTAYAM - 686 603 REPRESENTED BY ITS SECRETARY. 4. SUNU GEORGE, VETTIKKATUPARAMPIL, MANJOOR P.O., KOTTAYAM - 686 603. R1 BY SPL.GOVERNMENT PLEADER SRI D.SOMASUNDARAM. R4 BY SRI P.N.MOHANAN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10-06-2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 14498 of 2013 (J) ---------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXT.P1: TRUE PHOTOCOPY OF THE LIST OF VALID CANDIDATES PUBLISHED BY THE 1ST RETURINIG OFFICER. EXT.P2: TRUE PHOTOCOPY OF THE ORDER ISSUED BY THE 1ST RESPONDENT OVERRULING THE OBJECTION RAISED BY THE PETITIONER IN ACCEPTING THE NOMINATION OF THE 4TH RESPONDENT. RESPONDENT(S)' EXHIBITS: NIL TRUE COPY P.A.TO JUDGE dsn ## **K.SURENDRA MOHAN** , **J.** **-------------------------------------------------W.P.(C)No.14498 Of 2013 -------------------------------------------------DATED THIS THE 10[th] DAY OF JUNE, 2013** ## **JUDGMENT** The petitioner has filed this Writ Petition challenging the acceptance of nomination of the 4[th] respondent by the 1[st] respondent. The nomination was for an election that is scheduled to be conducted on 16.6.2013, to the Board of Directors of the 2[nd] respondent. According to the learned counsel for the petitioner, the 4[th] respondent is a person who is on the Board of Directors of the 3[rd] respondent. Therefore, under Section 28(2) of the Kerala Co-operative Societies Act, 1969 ('the Act' for short), he is disqualified from contesting to the Board of Directors of the 2[nd] respondent-Bank. The learned counsel for the petitioner places reliance on the classification under Rule 15 of the Kerala Co-operative Societies Rules, 1969('the Rules' for short). As per the said Rule, both the Societies are Credit Societies and since both the Societies are of the same type, it is contended that the 4[th] respondent is ineligible to contest as a candidate under Rule 44(1) of the Rules. The learned counsel WPC.No.14498/13 -2- attacks the reasoning of the 1[st] respondent in Exhibit P2 that the Societies are of different types. According to the counsel, the acceptance of the nomination is wrong. 2. Learned Special Government Pleader Sri D.Somasundaram appears for the 1[st] respondent. According to the learned Special Government Pleader, Section 2(oa) defines a Primary Agricultural Credit Society. The 2[nd] respondent, according to the learned Special Government Pleader, is a Primary Agricultural Credit Society. Urban Co-operative Bank is defined by Section 2(ta) of the Act as a Society having its area of operation in the Urban areas and which undertakes banking business with the licence obtained from the Reserve Bank of India. The control by the Reserve Bank of India is a unique feature of the Urban Cooperative Bank and distinguishes it from an Agricultural Credit Cooperative Society, it is contended. Apart from the above, since the 1[st] respondent has, on the basis of the above distinction passed Exhibit P2 proceedings, finding that the nomination is in order, absolutely no grounds have been made out against the said proceedings in the present Writ Petition, it is contended. 3. Adv.Sri P.N.Mohanan, appears for the 4[th] respondent. WPC.No.14498/13 -3- It is the candidature of the 4[th] respondent that is questioned in this Writ Petition. The learned counsel has handed over to me the registration certificate of the 2[nd] respondent-Society issued by the Registrar of Co-operative Societies on 8.5.1959. The document shows that the Society was registered with the Manjoor Better Farming Co-operative Society Ltd.No.K.73, Manjoor. It is pointed out that Farming Societies form a separate category under Rule 15 of the Rules as distinguished from Credit Societies. For the above reason also, it is pointed out that the 1[st] respondent was right in accepting the nomination of the 4[th] respondent. 4. Heard. 5. It is true that going by the nomenclature in the names of both the Societies, they appear to be grouped as Credit Societies under Rule 15. However, the definition of both the Societies, viz;respondents 2 and 3, are different having been separately defined by Section 2(oa) and Section 2(ta) of the Act. Section 28 (2) stipulates that nothwithstanding anything contained in any law for the time being in force, a person shall be disqualified for appointment as or for being a member of a committee”(a), if he is a member of the committee of another Society of the same type.” WPC.No.14498/13 -4- The only exception for the disqualification is contained in subsection (3) which states that the disqualification shall not apply to a member of the Committee of an apex or central society of the same type. The Societies are classified into different types by Rule 15 of the Rules. Though, it may appear at first blush that both Societies are Credit Societies, the registration certificate made available refers to the Society as “Better Farming Co-operative Society”. I notice that farming societies have been classified as societies of a different type in Rule 15(4). The above being the position, I do not find anything wrong in Exhibit P2 order by which the objection against the candidature of the 4[th] respondent has been rejected. Therefore, I do not find any grounds to interfere with Exhibit P2. 6. This Writ Petition has to fail for the further reason that the proper remedy of the petitioner is an Election Petition under Section 69 of the Act. A Division Bench of this Court has in **Subramanian** v. **Devicolam Taluk Plantation Workers Coop.Credit Society** (2004(3) KLT SN 105 ( Case No.145) while considering a similar Writ Petition held as follows: “The learned Single Judge was right in refusing to WPC.No.14498/13 -5- invoke his jurisdiction under Art.226 of the Constitution of India to interfere with the election process which had already commenced. As per the Explanation under S.69(2)(c), a dispute arising at any stage of the election commencing from the convening of the General Body Meeting for the election shall be deemed to be a dispute arising in connection with the election. In the present case, the dispute arose at the stage of the scrutiny of the nomination papers. During the scrutiny of the nomination papers the appellants questioned the eligibility of respondents 4 and 11 to be candidates in the election on the ground that they were disqualified under S.28(2)(a) and (b) of the Kerala Cooperative Societies Act and R.47 of the Government Servants' Conduct Rules. Overruling the said objection, respondents 4 and 11 were included in the final list of candidates. If respondents 4 and 11 were disqualified to be candidates in the election, their election, if any, can be challenged by raising a dispute under S.69 of the Kerala Co-operative Societies Act. Such a dispute will be a dispute which arose after the convening of the General Body Meeting for the election.” WPC.No.14498/13 -6- For the above reasons, this Writ Petition fails and is accordingly dismissed. However, the dismissal of this Writ Petition is without prejudice to the rights of the petitioner to challenge the election in a properly framed Election Petition, after the election. Sd/-( **K.SURENDRA MOHAN) JUDGE** . dsn