High Court of KeralaSingle JudgeWrit petition dismissed; petitioner to pursue d...

Sunilkumar.M v. Kerala State Co-operative Election Commission and Others

Case / Petition Number:WP(C) No. 306 of 2019

Case Details & Bench

Court
High Court of Kerala
Hon'ble Judges
  • Anil K. Narendran
Judgment Date
2019-01-10
Court Decision / Holding
Writ petition dismissed. The petitioner is relegated to challenging the election by invoking Section 69 before the Co-operative Arbitration Court within one month from the date of election; the Arbitration Court shall proceed with any dispute raised under Section 69 untrammelled by the observations in this judgment.
Final Disposition
Writ petition dismissed; petitioner to pursue disputes in the Co-operative Arbitration Court under Section 69 within one month from the date of election; Arbitration Court to adjudicate without influence from observations in the judgment.

Parties to the Case

Appellants / Petitioners

  • Sunilkumar.M

Respondents

  • The Kerala State Co-operative Election Commission
  • The Joint Registrar of Co-Operative Societies, Thiruvananthapuram
  • The Electoral Officer (Assistant Registrar, General) of Co-operative Societies, Nedumangadu
  • The Returning Officer/Unit Inspector, Office of the Assistant Registrar (General) of Co-operative Societies, Nedumangadu
  • The Nanniyode Service Co-Operative Bank Ltd. No. 1161
  • Aji
  • Abdul Khader M.
  • Krishnankutty S.
  • Jayakumar M.
  • Jayan S.
  • T. Johny
  • Adv. U.S. Bobby
  • Mohan Nair .V.
  • Rajagopalan
  • RajasekharanpillaI.D.
  • Rahulan S.
  • Perayam Sasi
  • C.K. Sadasivan
  • Sudheeshan
  • Rafeeq
  • Mohan B.
  • Sasidharan Unnithan
  • Geeta B
  • Manju
  • Lathika T.
  • Lekha S.
  • SubhadraKutty Amma
  • Vidyadharankani B.

Legal Representation & Advocates

Counsels for Petitioners

  • • Sri. George Poonthottam (Sr.)
  • • Sri. J. Vishnu
  • • Smt. Nisha George

Counsels for Respondents

  • • Sri. K.B. Arunkumar
  • • Sri. Thomas Abraham
  • • Smt. Mable C. Kurien (Senior Government Pleader)

Case Synopsis & Summary

Sunilkumar.M, a member of Nanniyode Service Co-operative Bank Ltd., filed a writ petition under Article 226 challenging Ext.P2, the election notification dated 08.12.2018 issued by the State Co-operative Election Commission for the bank’s Managing Committee election scheduled for 12.01.2019. The petitioner sought quashing Ext.P2 and mandamus to publish a voters list based on the society’s admission register, and to conduct elections with all eligible voters, including removal of ineligible members and issuance of a fresh notification after updating the lists. The ground urged (Ground A) was that Ext.P2 was published in two vernacular dailies (Madhyamam and Desabhimani) with allegedly limited circulation in the bank’s area, failing to meet Rule 35A(3) of the Kerala Co-operative Societies Rules, 1969. Exts.P11 and P12 were produced to show the circulation figures. The petition relies on Arya Vyasa Sabha to contend that whether two newspapers have wide circulation is a disputed question of fact inappropriate for a writ and should be decided in a Co‑operative Arbitration Court under Section 69 of the Kerala Co‑operative Societies Act. The court held that the central issue is a disputed question of fact and cannot be resolved in a writ petition; the remedy lies in Section 69 before the Arbitration Court within one month of election. The petition was dismissed, with a direction to pursue disputes in the Arbitration Court and with observations limited to disposal. The judgment cites several precedents on elections and arbitration to delineate the permissible scope of judicial interference in electoral processes.

Provisions of Law Cited

Kerala Co-operative Societies Act, 1969Kerala Co-operative Societies Rules, 1969, Rule 35ASection 69 of the Kerala Co-operative Societies Act, 1969Section 69(2)(c)Section 70ACo-operative Arbitration Court (Section 69)Part IXB of the Constitution of IndiaArticle 243ZKClause (2) of Article 243ZKConstitution (97th Amendment) Act, 2011Article 26 of the ConstitutionArticle 226 of the ConstitutionRule 35A(3) of the Kerala Co-operative Societies Rules, 1969

Legal Doctrines & Maxims

  • Complete code in itself (Shri Sant Sadguru Janardan Swami Sahakari Dugdha Utpadak Sanstha v. State of Maharashtra, 2001 (8) SCC 509)
  • Interference in election process should be avoided; writ petitions should not disrupt the election progress; Administrator should be a last resort (Shaji K. Joseph v. V. Viswanath, 2016 (4) SCC 429)
  • Fortiori application of the principles in Election Commission of India v. Ashok Kumar (2000) 8 SCC 216) when an alternate remedy exists under the Kerala Co-operative Societies Act
  • Time limits for election petitions under Section 69 are strict and cannot be extended (Reji Thomas v. State of Kerala, 2018 (2) KHC 842)

Submissions & Arguments

Contentions of Appellants / Petitioners

The petitioner argues that Ext.P2, the 08.12.2018 election notification, does not satisfy Rule 35A(3) of the Kerala Co-operative Societies Rules, 1969, since Madhyamam Daily and Desabhimani Daily have limited circulation in the Society’s area. Exts.P11 and P12 allegedly prove the circulation is negligible (5 and 99 copies, respectively) in Nanniyode Grama Panchayath. Therefore, the notification fails the requirement of publication in two vernacular dailies having wide circulation in the area. The petitioner seeks quashing Ext.P2, mandamus to prepare voters lists from the admission register, and to hold elections with all eligible voters while removing ineligible members and issuing a fresh notification thereafter. He relies on Arya Vyasa Sabha to contend the issue is a disputed question of fact to be decided in a Co-operative Arbitration Court under Section 69 within one month of election.

Contentions of Respondents

The respondents contend that the key issue—circulation of the two newspapers—is a disputed question of fact and must be resolved by the Co-operative Arbitration Court under Section 69, not in a writ petition. Interference with an ongoing election is disfavored; the proper remedy is under the statutory mechanism; the Division Bench decisions and Apex Court precedents emphasize avoiding premature interference in elections and using the legal remedy under Section 69 to challenge the process within the prescribed time.

Cited Precedents (6)

Case NameCitationTreatmentExplanation
Arya Vyasa Sabha v. Commissioner of Hindu Charitable and Religious Institutions and Endowments1976(1) SCC 292PositiveCited to support that the question of whether a religious denomination is covered under Article 26 is a disputed question of fact better decided in civil court, not in writ proceedings.
Shri Sant Sadguraj Janardan Swami (Moingiri Maharaj) Sahakari Dugdha Utpadak Sanstha, and another v. State of Maharashtra(2001) 8 SCC 509PositiveCited for the proposition that the election process constitutes a complete code in itself, governing the entire process from voter lists to election and declaration.
Shaji K. Joseph v. V. Viswanath(2016) 4 SCC 429PositiveCited for the principle that courts should refrain from interfering with the election process to avoid undermining the election.
Jayavarma K. v. State Co-operative Election Commission and others(2017) (2) KHC 190PositiveCited to illustrate that writ petitions can correct or smoothen the progress of elections; administrator as a last resort; fortiori when remedy exists under the Kerala Co-operative Societies Act.
Election Commission of India v. Ashok Kumar(2000) 8 SCC 216PositiveCited to emphasize that established election principles apply more strongly where an alternate statutory remedy exists.
Reji Thomas v. State of Kerala(2018) (2) KHC 842PositiveCited to confirm that the time schedule under Section 69 binds courts and cannot be extended.

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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 ANIL K.NARENDRAN** **THURSDAY,THE 10TH DAY OF JANUARY 2019 / 20TH POUSHA, 1940** **WP(C).No. 306 of 2019** **PETITIONER:** **SUNILKUMAR.M AGED 48 YEARS** **MEMBER, MEMBERSHIP NO. 12161, NANNIYODE SERVICE CO-OPERATIVE BANK LTD. NO. 1161, NANNIYODE, PACHA P.O, THIRUVANANTHAPURAM DISTRICT-695 562, RESIDING AT MADHUVILASAM, MANALAYAM, ELAVATTOM P.O, THIRUVANANTHAPURAM DISTRICT-695 562** **BY ADVS. SRI.GEORGE POONTHOTTAM (SR.) SRI.J.VISHNU SMT.NISHA GEORGE** ## **RESPONDENTS:** - **1 THE KERALA STATE CO-OPERATIVE ELECTION COMMISSION 3RD FLOOR, CO-BANK TOWERS, VIKAS BHAVAN P.O, THIRUVANANTHAPURAM-695 033, REPRESENTED BY ITS SECRETARY.** - **2 THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES. THIRUVANANTHAPURAM-695 001** - **3 THE ELECTORAL OFFICER ASSISTANT REGISTRAR (GENERAL) OF CO-OPERATIVE SOCIETIES, NEDUMANGADU, THIRUVANANTHAPURAM-695 541** - **4 THE RETURNING OFFICER/UNIT INSPECTOR OFFICE OF THE ASSISTANT REGISTRAR (GENERAL) OF CO-OPERATIVE SOCIETIES, NEDUMANGADU, THIRUVANANTHAPURAM-695 541** W.P.(C) No.306 of 2019 :-2-: - **5 THE NANNIYODE SERVICE CO-OPERATIVE BANK LTD. NO. 1161** **NANNIYODE, PACHA P.O, THIRUVANANTHAPURAM DISTRICT-695 562, REPRESENTED BY ITS SECRETARY** **6 AJI MEMBER, MEMBERSHIP NO. 23723, NANNIYODE SERVICE CO-OPERATIVE BANK LTD. NO. 1161, NANNIYODE, PACHA P.O, THIRUVANANTHAPURAM DISTRICT-695 562** - **7 ABDUL KHADER M. MEMBER, MEMBERSHIP NO. 7981 NANNIYODE SERVICE CO-OPERATIVE BANK LTD. NO. 1161, NANNIYODE, PACHA P.O, THIRUVANANTHAPURAM DISTRICT-695 562** - **8 KRISHNANKUTTY S. MEMBER, MEMBERSHIP NO. 6865 NANNIYODE SERVICE CO-OPERATIVE BANK LTD. NO. 1161, NANNIYODE, PACHA P.O, THIRUVANANTHAPURAM DISTRICT-695 562** **9 JAYAKUMAR M. MEMBER, MEMBERSHIP NO. 8210 NANNIYODE SERVICE CO-OPERATIVE BANK LTD. NO. 1161, NANNIYODE, PACHA P.O, THIRUVANANTHAPURAM DISTRICT-695 562** **10 JAYAN S. MEMBER, MEMBERSHIP NO. 24813 NANNIYODE SERVICE CO-OPERATIVE BANK LTD. NO. 1161, NANNIYODE, PACHA P.O, THIRUVANANTHAPURAM DISTRICT-695 562** **11 T. JOHNY MEMBER, MEMBERSHIP NO. 11447 NANNIYODE SERVICE CO-OPERATIVE BANK LTD. NO. 1161, NANNIYODE, PACHA P.O, THIRUVANANTHAPURAM DISTRICT-695 562** W.P.(C) No.306 of 2019 :-3-: **12 ADV. U.S. BOBBY MEMBER, MEMBERSHIP NO. 15640 NANNIYODE SERVICE CO-OPERATIVE BANK LTD. NO. 1161, NANNIYODE, PACHA P.O, THIRUVANANTHAPURAM DISTRICT-695 562** - **13 MOHANAN NAIR .V. MEMBER, MEMBERSHIP NO. 8560** **NANNIYODE SERVICE CO-OPERATIVE BANK LTD. NO. 1161, NANNIYODE, PACHA P.O, THIRUVANANTHAPURAM DISTRICT-695 562** **14 RAJAGOPALAN MEMBER, MEMBERSHIP NO. 24736 NANNIYODE SERVICE CO-OPERATIVE BANK LTD. NO. 1161, NANNIYODE, PACHA P.O, THIRUVANANTHAPURAM DISTRICT-695 562** **15 RAJASEKHARANPILLAI.D. MEMBER, MEMBERSHIP NO. 8109 NANNIYODE SERVICE CO-OPERATIVE BANK LTD. NO. 1161, NANNIYODE, PACHA P.O, THIRUVANANTHAPURAM DISTRICT-695 562** **16 RAHULAN S. MEMBER, MEMBERSHIP NO. 11832 NANNIYODE SERVICE CO-OPERATIVE BANK LTD. NO. 1161, NANNIYODE, PACHA P.O, THIRUVANANTHAPURAM DISTRICT-695 562** **17 PERAYAM SASI MEMBER, MEMBERSHIP NO. 3344 NANNIYODE SERVICE CO-OPERATIVE BANK LTD. NO. 1161, NANNIYODE, PACHA P.O, THIRUVANANTHAPURAM DISTRICT-695 562** **18 C.K. SADASIVAN MEMBER, MEMBERSHIP NO. 2093 NANNIYODE SERVICE CO-OPERATIVE BANK LTD. NO. 1161, NANNIYODE, PACHA P.O, THIRUVANANTHAPURAM DISTRICT-695 562** W.P.(C) No.306 of 2019 :-4-: ## **19 SUDHEESHAN** **MEMBER, MEMBERSHIP NO. 23092 NANNIYODE SERVICE CO-OPERATIVE BANK LTD. NO. 1161, NANNIYODE, PACHA P.O, THIRUVANANTHAPURAM DISTRICT-695 562** - **20 RAFEEQ** **MEMBER, MEMBERSHIP NO. 23415 NANNIYODE SERVICE CO-OPERATIVE BANK LTD. NO. 1161, NANNIYODE, PACHA P.O, THIRUVANANTHAPURAM DISTRICT-695 562** - **21 MOHANAN B. MEMBER, MEMBERSHIP NO. 3515 NANNIYODE SERVICE CO-OPERATIVE BANK LTD. NO. 1161, NANNIYODE, PACHA P.O, THIRUVANANTHAPURAM DISTRICT-695 562** - **22 SASIDHARAN UNNITHAN MEMBER, MEMBERSHIP NO. 2188 NANNIYODE SERVICE CO-OPERATIVE BANK LTD. NO. 1161, NANNIYODE, PACHA P.O, THIRUVANANTHAPURAM DISTRICT-695 562** - **23 GEETA B MEMBER, MEMBERSHIP NO. 9902 NANNIYODE SERVICE CO-OPERATIVE BANK LTD. NO. 1161, NANNIYODE, PACHA P.O, THIRUVANANTHAPURAM DISTRICT-695 562** **24 MANJU MEMBER, MEMBERSHIP NO. 11840 NANNIYODE SERVICE CO-OPERATIVE BANK LTD. NO. 1161, NANNIYODE, PACHA P.O, THIRUVANANTHAPURAM DISTRICT-695 562** **25 LATHIKA T. MEMBER, MEMBERSHIP NO. 11647 NANNIYODE SERVICE CO-OPERATIVE BANK LTD. NO. 1161, NANNIYODE, PACHA P.O, THIRUVANANTHAPURAM DISTRICT-695 562** W.P.(C) No.306 of 2019 :-5-: |**26**|**LEKHA S.**| |---|---| ||**MEMBER, MEMBERSHIP NO. 20135**| ||**NANNIYODE SERVICE CO-OPERATIVE BANK LTD. NO.**| ||**1161, NANNIYODE, PACHA P.O,**| ||**THIRUVANANTHAPURAM DISTRICT-695 562**| |**27**|**SUBHADRAKUTTY AMMA.**| ||**MEMBER, MEMBERSHIP NO. 20958**| ||**NANNIYODE SERVICE CO-OPERATIVE BANK LTD. NO.**| ||**1161, NANNIYODE, PACHA P.O,**| ||**THIRUVANANTHAPURAM DISTRICT-695 562**| |**28**|**VIDHYADHARAN KANI B.**| ||**MEMBER, MEMBERSHIP NO. 7494**| ||**NANNIYODE SERVICE CO-OPERATIVE BANK LTD. NO.**| ||**1161, NANNIYODE, PACHA P.O,**| ||**THIRUVANANTHAPURAM DISTRICT-695 562**| ||**BY ADVS.**| ||**SRI.K.B.ARUNKUMAR**| ||**SRI.THOMAS ABRAHAM**| ||**SMT MABLE C.KURIEN, SR.GOVERNMENT PLEADER**| **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 10.01.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** W.P.(C) No.306 of 2019 :-6-: ## **JUDGMENT** The petitioner, who is a member of Nanniyode Service Co-operative Bank Limited, which is a Society registered under the Kerala Co-operative Societies Act and the Rules made thereunder, who is also a candidate in the election to the Managing Committee of the said Society, which is scheduled to be held on 12.01.2019, in terms of Ext.P2 election notification dated 08.12.2018 issued by the State Co-operative Election Commission, has filed this writ petition under Article 226 of the Constitution of India, seeking a writ of certiorari to quash Ext.P2 election notification and seeking a writ of mandamus commanding the 1[st] respondent to prepare and publish voters list as per the admission register of the Society, and to conduct election thereafter, by including all eligible voters. The further reliefs sought for are an order calling for the membership register of the 5[th] respondent Society and to W.P.(C) No.306 of 2019 :-7-: direct the 2[nd] respondent to remove ineligible members from the membership of the Society; and an order to issue fresh election notification after removal of ineligible members from the admission register and voters list of the Society. 2. On 07.01.2019, when this writ petition came up for admission, the learned Senior Government Pleader took notice on admission for respondents 1 to 4. Urgent notice on admission by special messenger was ordered to respondents 5 to 28, returnable by 09.01.2019. 3. On 09.01.2019, when this writ petition was taken up for consideration, some of the party respondents entered appearance through counsel. 4. A counter affidavit has been filed by the 5[th] respondent Society, opposing the reliefs sought for in this writ petition. Some of the party respondents have also filed counter affidavit. 5. Heard the learned Senior Counsel for the petitioner, the learned Senior Government Pleader W.P.(C) No.306 of 2019 :-8-: appearing for the official respondents and also the respective counsel for the party respondents. 6. During the course of arguments, the learned Senior Counsel for the petitioner would confine arguments with reference to Ground (A) of the writ petition. 7. In Ground (A) of the writ petition, it is contended that the publication of Ext.P2 election notification in Madhyamam Daily and Desabhimani Daily will not satisfy the requirement of sub-rule (3) of Rule 35A of the Kerala Co-operative Societies Rules, since those dailies have only little circulation in the area of operation of the 5[th] respondent Society. 8. Today, the petitioner has filed I.A.No.1 of 2019, as 'Bench Mark', producing therewith Exts.P11 and P12 as additional documents. According to the petitioner, Ext.P11 is a circulation slip showing the number of copies of Madhyamam Daily circulated in Nanniyode Grama Panchayath through an agency by name 'Choice Book W.P.(C) No.306 of 2019 :-9-: Center' and Ext.P12 is another circulation slip showing the number of copies of Desabhimani Daily circulated in the said Grama Panchayath. 9. After referring to Exts.P11 and P12, the learned Senior Counsel for the petitioner would point out that the circulation of Madhyamam Daily and Desabhimani Daily in Nanniyode Grama Panchayath is 5 and 99 respectively. Therefore, the publication of Ext.P2 election notification in the aforesaid dailies will not satisfy the requirement of Subrule (3) of Rule 35A of the Kerala Co-operative Societies Rules, 1969, whereby the election notification has to be published in two vernacular dailies having wide circulation in the area. In such circumstances, Ext.P2 election notification warrants interference, in exercise of the discretionary jurisdiction of this Court under Article 226 of the Constitution of India. 10. In **Arya Vyasa Sabha v. The Commissioner of Hindu Charitable and Religious Institutions and** W.P.(C) No.306 of 2019 :-10-: **Endowments (1976(1) SCC 292)** the Apex Court held that the question as to whether a particular religious or charitable institution is or is not a religious denomination or any section thereof within the meaning of Article 26 of the Constitution, is a disputed question of fact or, in any event a mixed question of fact and law which can be more satisfactorily and effectively be adjudicated upon in a competent civil court, which cannot be adjudicated in writ proceedings. 11. In view of the law laid down by the Apex Court in the decision referred to supra, the question as to whether the two vernacular dailies in which Ext.P2 election notification was published, are having wide circulation in the area of operation of the 5[th] respondent Society, is a disputed question of fact, which cannot be decided in this writ petition filed under Article 226 of the Constitution of India. For a decision on that issue, the parties will have to lead evidence before the Co-operative Arbitration Court by W.P.(C) No.306 of 2019 :-11-: invoking the statutory remedy available under Section 69 of the Kerala Co-operative Societies Act. Such an exercise cannot be undertaken in a writ petition filed under Article 226 of the Constitution of India. 12. If the petitioner is having any dispute in connection with the election to the Managing Committee of the 5[th] respondent Society scheduled to be held on 12.01.2019, in terms of Ext.P2 election notification, it is for him to raise such dispute before the Co-operative Arbitration Court constituted under Section 70A of the Act, by invoking the statutory remedy available under Section 69 of that Act, within one month from the date of election. Clause (c) of sub-section (2) of Section 69 of the Act provides that, any dispute arising in connection with the election, the Board of Management or any Officer of the Society shall also be deemed to be a dispute for the purpose of sub-section (1) of Section 69 of the Act. Going by the Explanation to clause (c) of sub-section (2) of Section 69, a W.P.(C) No.306 of 2019 :-12-: dispute arising at any stage of an 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. Rule 35A of the Rules deals with the procedure regarding conduct of election to the committee of Societies by the State Co-operative Election Commission. If that be so, any dispute in relation to preparation of final voters list by the Electoral Officer, in exercise of his powers under under sub-rule (6) of Rule 35A of the Rules, is a dispute arising in connection with that election, which can be raised before the Co-operative Arbitration Court constituted under Section 70A of the Act, by invoking the statutory remedy available under Section 69 of that Act, within one month from the date of election. 13. In **Shri Sant Sadguru Janardan Swami (Moingiri Maharaj) Sahakari Dugdha Utpadak Sanstha, and another v. State of Maharashtra [(2001)** **8 SCC 509]** , in the context of Maharashtra Co-operative W.P.(C) No.306 of 2019 :-13-: Societies Act, 1960 and Maharashtra Specified Co-operative Societies Elections to Committees Rules, 1971, the Apex Court held that, the preparation of provisional list of voters, filing of objection against the provisional list of voters, consideration of the objection by the Collector and finalising the list of voters, all occur in the Rules which cover the entire process of election. The Rules framed for election of specified Societies are complete code in itself, providing for the entire process of election beginning from the stage of preparation of the provisional voters' list, decision on the objection by the Collector, finalisation of electoral rolls, holding of election and declaration of the result of election. 14. In **Shaji K. Joseph v. V. Viswanath [(2016) 4 SCC 429]** , in the context of the Dental Council (Election) Regulations, 1952 the Apex Court held that, whenever the process of election starts, normally courts should not interfere with the process of election for the simple reason that, if the process of election is interfered with by the W.P.(C) No.306 of 2019 :-14-: courts, possibly no election would be completed without court's order. Very often, for frivolous reasons, candidates or others approach the courts and by virtue of interim orders passed by the courts, the election is delayed or cancelled, in such a case the basic purpose of having election and getting an elected body to run the administration is frustrated. Therefore, all disputes with regard to election should be dealt with only after completion of the election. 15. In **Jayavarma K. v. State Co-operative Election Commission and others [2017 (2) KHC 190]** a Division Bench of this Court held that, a writ petition can be entertained on well settled parameters in order to correct or smoothen the progress of the election. The instance of rejection of the nomination on totally untenable grounds is an example which could be rectified without upsetting the election calendar. The Division Bench held further that, a writ court should act with circumspection as the inevitable W.P.(C) No.306 of 2019 :-15-: consequence of not holding an election in time is the advent of an Administrator. The appointment of an Administrator, in lieu of an elected Managing Committee, should be the last resort in a democratic process. The salutary principles laid down by the Apex Court in **Election Commission of India v. Ashok Kumar [(2000) 8 SCC 216]** should apply fortiori when an alternate remedy well exists under the Kerala Co-operative Societies Act, 1969 to question the process of election to a Society registered. 16. Part IXB of the Constitution of India, inserted by the Constitution (97th Amendment) Act, 2011 deals with Co-operative Societies. Article 243ZK inserted by the said Amendment Act deals with election of members of board of Co-operative Societies. As per clause (2) of Article 243ZK, the superintendence, direction and control of the preparation of electoral rolls for, and the conduct of, all elections to a co-operative society shall vest in such an authority or body, as may be provided by the Legislature of W.P.(C) No.306 of 2019 :-16-: a State, by law. As per the proviso to clause (2) of Article 243ZK, the Legislature of a State may, by law, provide for the procedure and guidelines for the conduct of such elections. 17. In **Reji Thomas v. State of Kerala [2018 (2) KHC 842]** a Three-Judge Bench of the Apex Court held that, Section 69 of the Kerala Co-operative Societies Act, 1969 is the mechanism provided by the State Legislature as contemplated under clause (2) of Article 243ZK of the Constitution of India. After referring to the provisions under sub-section (3) of Section 69 of the said Act, which provides that no dispute arising in connection with the election of the Board of Management or an officer of the society shall be entertained by the Co-operative Arbitration Court unless it is referred to it within one month from the date of the election, the Apex Court held that, once the mechanism provided under the Statute provides for a time schedule for preferring an election petition, in the absence of a provision W.P.(C) No.306 of 2019 :-17-: in the Statute for enlarging the time under any given circumstances, no Court, whether the High Court under Article 226 or the Apex Court under Article 32, Article 136 or Article 142 of the Constitution can extend the period in election matters. 18. Viewed in the light of the law laid down in the decisions referred to supra, conclusion is irresistible that if the petitioner is having any dispute in relation to the election scheduled to be held on 12.01.2019, in terms of Ext.P2 notification issued by the 1st respondent State Cooperative Election Commission, he will have to raise such dispute before the Co-operative Arbitration Court by invoking the statutory remedy available under Section 69 of the Act, within a period of one month from the date of election and as such, he cannot approach this Court seeking interference under Article 226 of the Constitution of India. 19. In such circumstances, this writ petition is dismissed without prejudice to the right of the petitioner to W.P.(C) No.306 of 2019 :-18-: raise disputes, if any, in connection with the election held on 12.01.2019 to the Managing Committee of the 5th respondent Society before the Co-operative Arbitration Court, by invoking the statutory remedy under Section 69 of the Act, within one month from the date of election. It is made clear that the observations, if any, made in this judgment, touching the merits of the factual contentions, are made for the limited purpose of disposal of this writ petition and the Co-operative Arbitration Court shall proceed with any dispute raised by the petitioner under Section 69 of the Act, in connection with the election to the Managing Committee of the 5th respondent Society, untrammelled by any such observations. Sd/- **ANIL K. NARENDRAN JUDGE** bpr W.P.(C) No.306 of 2019 :-19-: ## **APPENDIX** ## **PETITIONERS' EXHIBITS:** **EXHIBIT P1** **TRUE COPY OF THE RELEVANT PORTIONS OF THE BYELAWS OF THE 5TH RESPONDENT SOCIETY.** - **EXHIBIT P2 TRUE COPY OF THE ELECTION NOTIFICATION PUBLISHED IN DESHABHIMANI DAILY DATED 08.12.2018** - **EXHIBIT P3 TRUE COPY OF THE ACKNOWLEDGMENT RECEIPT DATED 26.12.2018 ISSUED BY THE 5TH RESPONDENT BANK.** - **EXHIBIT P4 TRUE COPY OF THE FIRST AND LAST PAGES OF THE VOTERS LIST IN NANNIYODE WARD ALONG WITH COVER.** - **EXHIBIT P4(a) TRUE COPY OF THE FIRST AND LAST PAGES OF THE VOTERS LIST IN NAVODAYA WARD ALONG WITH COVER.** - **EXHIBIT P4(b) TRUE COPY OF THE FIRST AND LAST PAGES OF THE VOTERS LIST IN PACHA WARD ALONG WITH COVER.** - **EXHIBIT P4(c) TRUE COPY OF THE FIRST AND LAST PAGES OF THE VOTERS LIST IN ALUMKUZHI WARD ALONG WITH COVER.** - **EXHIBIT P4(d) TRUE COPY OF THE FIRST AND LAST PAGES OF THE VOTERS LIST IN KURUPUZHA WARD ALONG WITH COVER.** - **EXHIBIT P4(e) TRUE COPY OF THE FIRST AND LAST PAGES OF THE VOTERS LIST IN ELAVATTOM WARD ALONG WITH COVER.** **EXHIBIT P4(f) TRUE COPY OF THE FIRST AND LAST PAGES OF THE VOTERS LIST IN PERAYAM WARD ALONG WITH COVER.** W.P.(C) No.306 of 2019 :-20-: **EXHIBIT P4(g)** - **TRUE COPY OF THE FIRST AND LAST PAGES OF THE VOTERS LIST IN ANAKULAM WARD ALONG WITH COVER.** - **EXHIBIT P4(h) TRUE COPY OF THE FIRST AND LAST PAGES OF THE VOTERS LIST IN MEENMUTTY WARD ALONG WITH COVER.** - **EXHIBIT P4(i) TRUE COPY OF THE FIRST AND LAST PAGES OF THE VOTERS LIST IN ALAMPARA WARD ALONG WITH COVER.** - **EXHIBIT P4(j) TRUE COPY OF THE FIRST AND LAST PAGES OF THE VOTERS LIST IN KALLIPPARA WARD ALONG WITH COVER.** **EXHIBIT P4(k) TRUE COPY OF THE FIRST AND LAST PAGES OF THE VOTERS LIST IN KURUNTHALI WARD ALONG WITH COVER.** - **EXHIBIT P4(l) TRUE COPY OF THE FIRST AND LAST PAGES OF THE VOTERS LIST IN PALODE WARD ALONG WITH COVER.** - **EXHIBIT P5 TRUE COPY OF THE LIST OF DEAD MEMBERS IN THE VOTERS LIST OF THE 5TH RESPONDENT BANK.** - **EXHIBIT P6 TRUE COPY OF THE LIST OF MEMBERS IN THE VOTERS LIST WHO ARE RESIDING OUTSIDE THE AREA OF OPERATION OF THE SOCIETY.** - **EXHIBIT P7 TRUE COPY OF THE FINAL LIST OF NOMINATIONS PUBLISHED BY THE SOCIETY DATED 28.12.2018** - **EXHIBIT P8 TRUE COPY OF THE COMPLAINT SUBMITTED BY ONE MR. RAJKUMAR TO THE ELECTION COMMISSION DATED 27.12.2018 AND DULY ACKNOWLEDGED BY THE COMMISSION.** - **EXHIBIT P9 TRUE COPY OF THE COMPLAINT SUBMITTED BY THE PETITIONER TO THE ELECTION** W.P.(C) No.306 of 2019 :-21-: **COMMISSION DATED 29.12.2018 AND DULY ACKNOWLEDGED BY THE COMMISSION.** **EXHIBIT P10 TRUE COPY OF THE COMPLAINT SUBMITTED BY ONE MR. UDAYAKUMARAN NAIR, TO THE ELECTION COMMISSION DATED NIL.** - **EXHIBIT P10(a) TRUE COPY OF THE COMPLAINT SUBMITTED BY ONE MR. CHANDRABABU TO THE ELECTION COMMISSION DATED 31.12.2018.** - **EXHIBIT P10(b)** - **TRUE COPY OF THE COMPLAINT SUBMITTED BY ONE MR. SREEKUMARAN TO THE ELECTION COMMISSION DATED 31.12.2018** - **EXHIBIT P10(c)** - **TRUE COPY OF THE COMPLAINT SUBMITTED BY ONE SMT. KRISHNAMMA K.TO THE ELECTION COMMISSION DATED 31.12.2018** - **EXHIBIT P10(d)** - **TRUE COPY OF THE COMPLAINT SUBMITTED BY ONE SRI. BHUVANACHANDRAN TO THE ELECTION COMMISSION DATED 31.12.2018** - **EXHIBIT P10(e) TRUE COPY OF THE COMPLAINT SUBMITTED BY ONE SMT. RAJANI BHUVANENDRAN TO THE ELECTION COMMISSION DATED 31.12.2018** - **EXHIBIT P11** - **TRUE COPY OF THE SLIP CONTAINING THE NUMBER OF COPIES CIRCULATED IN NANNIYODE PANCHAYAT THROUGH THEIR AGENCY BY NAME 'CHOICE BOOK CENTER' FOR MADHYAMAM DAILY ISSUED ON 10.1.2019.** - **EXHIBIT P12** **TRUE COPY OF THE SLIP CONTAINING THE NUMBER OF COPIES CIRCULATED IN NANNIYODE PANCHAYAT FOR DESHABHIMANI DAILY ISSUED ON 10.1.2019.** - **RESPONDENT'S EXTS:** **TRUE COPY OF THE NOTIFICATION EXHIBIT R3(a) No.E(2)9161/2018/SCEC DT.22.11.2018.** - **EXHBIT R3(b) TRUE COPY OF THE NOTIFICATION No. E(2)9161/2018/SCEC DT.27.11.2018.** W.P.(C) No.306 of 2019 :-22-: |**EXHIBIT R5(a)**|**TRUE COPY OF THE CERTIFICATE OF**| |---|---| ||**REGISTRATION DATED 24.3.2012 AND THE**| ||**AMENDMENTS APPROVED APPENDED ALONG**| ||**WITH THE CERTIFICATE.**| |**EXHIBIT R5(b)**|**TRUE COPY OF THE NOTICE PUBLISHED IN**| ||**DESABHIMANI DAILY DATED 16.6.2012**| |**EXHIBIT R5(c)**|**TRUE COPY OF THE NOTICE DATED**| ||**14.6.2012 PUBLISHED IN MATHRUBHOOMI**| ||**DAILY DATED 20.6.2012.**| |**EXHIBIT R5(d)**|**TRUE COPY OF THE NOTICE DATED**| ||**20.12.2012 PUBLISHED IN KERALA KAUMUDI**| ||**DAILY**| |**EXHIBIT R5(e)**|**TRUE COPY OF THE NOTICE DATED**| ||**20.12.2012 PUBLISHED IN DESABHIMANI**| ||**DAILY**| |**EXHIBIT R5(f)**|**TRUE COPY OF THE NOTICE PUBLISHED IN**| ||**MATHRUBHOOMI DAILY DATED 14.7.2013.**| |**EXHIBIT R5(g)**|**TRUE COPY OF THE PUBLICATION IN**| ||**DEEPIKA DAILY DATED 14.7.2013.**| TRUE COPY P.A. TO JUDGE