Sadanandan K v Mukkom Ksheerolpadaka Sahakarana Sangham Ltd. & Others (W.P.(C).No. 35583 of 2017)
Case Details & Bench
- Court
- High Court of Kerala
- Hon'ble Judges
- Shaji P. Chaly
- Judgment Date
- 2017-11-15
- Court Decision / Holding
- The writ petition is dismissed. However, liberty is reserved to challenge the election after its completion, and in accordance with law. All questions of fact and law are left open, and law and order shall be maintained if there is any apprehension.
- Final Disposition
- Writ petition dismissed; liberty to challenge post-election; law and order to be maintained if needed.
Parties to the Case
Appellants / Petitioners
- Sadanandan K
Respondents
- Mukkom Ksheerolpadaka Sahakarana Sangham Ltd. No.F.1814, (D) APCOS, Mukkom P.O., Kozhikode, PIN-673602
- State Co-operative Election Commission, 3rd Floor, Co-Bank Towers, Palayam, Vikas Bhavan P.O., Thiruvananthapuram, PIN-695033
- The Electoral Officer, Mukkom Ksheerolpadaka Sahakarana Sangham Ltd.No.F.1814 (D) APCOS, KSHEERA VIKASANA OFFICE, CIVIL STATION, KOZHIKODE, PIN-673020
- The Returning Officer, Mukkom Ksheerolpadaka Sahakarana Sangham Ltd.No.F.1814 (D) APCOS, KSHEERA VIKASANA OFFICER, KUNNAMANGALAM KSHEERA VIKASANA OFFICE, KUNNAMANGALAM, KOZHIKODE, PIN-673020
Legal Representation & Advocates
Counsels for Petitioners
- • Sri. P. P. Jacob
Counsels for Respondents
- • Sri K. P. Harish (Senior Government Pleader)
Case Synopsis & Summary
Petitioner Sadanandan K approached this Court under Article 226 challenging Ext.P2, the election notification issued by the Mukkom Ksheerolpadaka Sahakarana Sangham Ltd., with the election scheduled for 25 November 2017. The petitioner also sought to have Ext.P8 and Ext.P10 representations considered by the second respondent and to direct the respondents to ensure a free and fair election with a valid voters list, in line with Rule 26 and Rule 35A(4) of the Kerala Co-operative Societies Rules. He pressed for the removal of ineligible persons from the voters list and sought quashing of the election process on grounds of byelaw compliance. The Court examined the issue of whether any interference under Article 226 was permissible after notification. It relied on the Supreme Court’s decisions in Shri Sant Sadguru Janardan Swami v. State of Maharashtra and in Shaji K. Joseph v. V. Viswanath, and noted that post-notification interference is not ordinarily warranted. A Division Bench of this Court in Tiruvalla East Co-operative Bank Ltd. v. State Co-operative Election Commission was cited for the same principle. The Court also referred to the Explanation to Section 69(2)(c) of the Kerala Co-operative Societies Act, 1969, noting that the dispute begins when a general body is constituted to draw up the resolution for conduction of elections. Consequently, the petition was dismissed, but liberty was reserved to challenge the election after its completion, and with the directive that law and order be maintained if needed.
Provisions of Law Cited
Legal Doctrines & Maxims
- No interference under Article 226 with election after notification (as repeatedly upheld by the Apex Court and this Court)
- Dispute begins when a general body is constituted to draw up a resolution for conducting the election (Explanation to Sec. 69(2)(c))
Submissions & Arguments
Contentions of Appellants / Petitioners
The petitioner challenged Ext.P2, an election notification dated 13.10.2017, scheduling the election for 25.11.2017, and sought to quash the notification. He urged that Ext.P8 and Ext.P10 representations be considered by the second respondent and that a free and fair election with a valid voters list be ensured under Rule 26 and Rule 35A(4). He prayed for removal of ineligible voters from the list and for adherence to byelaws and election rules. The relief sought was quashing of the process on grounds of illegality and failure to follow due process.
Contentions of Respondents
The respondents contended that after notification, interference under Article 226 is ordinarily not permissible and the election should proceed. They relied on Supreme Court authorities (Shri Sant Sadguru Janardan Swami; Shaji K. Joseph) and the Division Bench’s view in Tiruvalla East Co-operative Bank case to justify non-interference post-notification. They argued the cure lies in post-election remedies, if any, rather than pre-election judicial intervention.
Cited Precedents (3)
| Case Name | Citation | Treatment | Explanation |
|---|---|---|---|
| Shri Sant Sadguru Janardan Swami (Moingiri Maharaj) Sahakari Dugdha Utpadak Sanstha and another v. State of Maharashtra and others | AIR 2001 SC 3982 | Positive | Apex Court principle that interference under Article 226 is not ordinarily available after election notification; relied upon by the High Court. |
| Shaji K. Joseph v. V. Viswanath and others | 2016 (2) KHC 33 (SC) | Positive | Followed as supportive authority for the no-interference stance after notification. |
| Tiruvalla East Co-operative Bank Ltd. v. State Co-operative Election Commission | 2017 (1) KLT 921 | Positive | Division Bench held that after notification, no interference under Article 226; cited as authority. |
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