High Court of KeralaSingle Judge2023-10-12Writ petition allowed

The Managing Committee, Keecheri Service Co-Operative Bank Ltd. No.668, Kulayettikara P.O., Ernakulam District & Keecheri Service Co-Operative Bank Ltd. No.668, Kulayettikara P.O., Ernakulam District v. Joint Registrar of Co-operative Societies (General), Assistant Registrar of Co-operative Societies (General), The State of Kerala and K.K.Murukadas Kalayiparambil

Case / Petition Number:WP(C) No.28311 of 2022

Case Details & Bench

Court: High Court of Kerala
Hon'ble Judges: Sathish Ninan
Judgment Date: 2023-10-12
Court Decision / Holding: Writ petition allowed; Ext.P20 order quashed; the Society is permitted to provide fresh identity cards with Form 6A details and an added hologram.
Final Disposition: Writ petition allowed

Parties to the Case

Appellants / Petitioners

The Managing Committee, Keecheri Service Co-Operative Bank Ltd. No.668, Kulayettikara P.O., Ernakulam District
Keecheri Service Co-Operative Bank Ltd. No.668, Kulayettikara P.O., Ernakulam District

Respondents

Joint Registrar of Co-operative Societies (General)
Assistant Registrar of Co-operative Societies (General)
The State of Kerala
K.K.Murukadas Kalayiparambil

Legal Representation & Advocates

Counsels for Petitioners

• Kavery S Thampi

Counsels for Respondents

• Mable C. Kurian (Sr.)
• P. C. Sasidharan

Case Synopsis & Summary

Keecheri Service Co-Operative Bank Ltd. petitioned for sanction to affix holograms on members’ identity cards to curb impersonation and forged IDs after irregularities in the 2019 elections. The Joint Registrar refused (Ext.P20), and the petition challenges that order. Rule 16A of the Co-operative Societies Rules prescribes Form 6A identity cards with two photographs attested by the Chief Executive and Form 6B in the register; the rule does not expressly contemplate holograms. The petition argues that the law cannot be static and must adapt to evolving electoral challenges; a hologram would be an additional security feature, not a replacement of prescribed data. The respondents rely on the Division Bench decision in R.G. Harilal v. Joint Registrar, which held that lamination and bar codes could not substitute the data required in Forms 6A/6B. The court notes tampering and impersonation are longstanding concerns and cites a 1993 circular to verify identity before ballots. However, the court finds that adding a hologram would not violate the statute since all required Form 6A/6B details remain intact. The General Body, under Section 27 of the Co-operative Societies Act, is the supreme authority to decide on elections. The court quashes Ext.P20 and permits fresh identity cards with Form 6A data and an added hologram, signaling a dynamic, purposive interpretation to protect election integrity.

Provisions of Law Cited

Rule 16A of the Co-operative Societies RulesForm 6AForm 6BSection 27 of the Co-operative Societies Act

Legal Doctrines & Maxims

Law cannot be static; it is ongoing.
General Body is the supreme authority of the Society (Section 27).
Purity of election.

Submissions & Arguments

Contentions of Appellants / Petitioners

The petitioners contend that affixing a hologram to identity cards is an additional security measure to curb impersonation and forged IDs after electoral irregularities. Rule 16A, Form 6A, and Form 6B prescribe Form 6A identity cards with two photographs attested by the Chief Executive and Form 6B in the register; the rule does not expressly contemplate holograms. The petition argues that the law cannot be static and must adapt to evolving electoral challenges; a hologram would be an additional security feature, not a replacement of prescribed data. The respondents rely on the Division Bench decision in R.G. Harilal v. Joint Registrar, which held that lamination and bar codes could not substitute the data required in Forms 6A/6B. The court notes tampering and impersonation are longstanding concerns and cites a 1993 circular to verify identity before ballots. However, the court finds that adding a hologram would not violate the statute since all required Form 6A/6B details remain intact. The General Body, under Section 27 of the Co-operative Societies Act, is the supreme authority to decide on elections. The court quashes Ext.P20 and permits fresh identity cards with Form 6A data and an added hologram.

Contentions of Respondents

The respondents argued there is no enabling statutory provision for holograms; Rule 16A contemplates Form 6A/6B with photographs and the seal and does not authorize holograms. They rely on R.G. Harilal v. Joint Registrar to contend lamination with a bar code cannot substitute prescribed particulars. Extending the format could undermine the statutory scheme and affect uniformity and integrity. They argue Ext.P20 is a legitimate exercise and there is no statutory basis to alter the prescribed form.

Cited Precedents (3)

Case Name	Citation	Treatment	Explanation
R.G. Harilal v. The Joint Registrar of Co-operative Societies (General) and Others	2018 (5) KHC 902	Distinguished	The Division Bench refused lamination with a bar code; the present case allows hologram as an additional safeguard without replacing data, distinguishing on facts.
WA No. 2414 of 2018	WA No. 2414 of 2018	Mentioned Only	Exhibit P13 references a judgment in WA 2414 of 2018; no discussion in the present judgment.
W.P. (C) No.13462 of 2020	W.P.(C) No.13462 of 2020	Mentioned Only	Exhibit P14 references a judgment in W.P. (C) No.13462 of 2020; no discussion in the present judgment.

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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 SATHISH NINAN** **THURSDAY, THE 12[TH] DAY OF OCTOBER 2023 / 20TH ASWINA, 1945** ## **WP(C) NO. 28311 OF 2022** ## **PETITIONERS:** 1 THE MANAGING COMMITTEE, KEECHERI SERVICE CO-OPERATIVE BANK LTD. NO.668, KULAYETTIKARA P.O, ERNAKULAM DISTRICT-PIN-682 317 REPRESENTED BY PRESIDENT. 2 THE KEECHERI SERVICE CO-OPERATIVE BANK LTD. NO.668, KULAYETTIKARA P.O, ERNAKULAM DISTRICT-PIN-682 317.REPRESENTED BY ITS SECRETARY. BY ADV KAVERY S THAMPI ## **RESPONDENTS:** 1 THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL), ERNAKULAM, CIVIL STATION, KAKKANAD, ERNAKULAM DISTRICT682 030. 2 THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL), ERNAKULAM, OFFICE OF THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL), ERNAKULAM, CIVIL STATION, KAKKANAD, ERNAKULAM DISTRICT-682 030. 3 THE STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, DEPARTMENT OF COOPERATION, SECRETARIAT, THIRUVANANTHAPURAM, PIN: 695 001. 4 K.K.MURUKADAS KALAYIPARAMBIL, PUTHUVASSERY, KANJIRAMATTOM.P.O., ERNAKULAM DISTRICT, PIN-682315. BY ADVS. GOVT. PLEADER SMT.MABLE C. KURIAN (SR.) SRI.P.C SASIDHARAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12.10.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ## **SATHISH NINAN, J.** **= = = = = = = = = = = = = = = = = = W.P.(C) No.28311 of 2022** **= = = = = = = = = = = = = = = = = = Dated this the 12[th] day of October, 2023** ## **J U D G M E N T** The request of the petitioner Society for permission to impose hologram on the identity cards of its members was turned down by the first respondent Joint Registrar, as per Ext.P20 order. The same is under challenge in this writ petition. 2. Elections were last held to the Managing Committee of the Society on 08.12.2019. There were various instances of usage of bogus/fabricated/fake identity cards which even contained forged signature of the Secretary of the Society. Complaints were received by the Society in the said regard. Exts.P2 and P3 are copies of such complaints. In the enquiry that followed, the Secretary gave statement to the President, denying her signature as seen in one of the identity cards bearing membership No.6614. In the light of such W.P.(C) No.28311 of 2022 -: 2 :- incidents, the Annual General Body of the Society decided to affix a hologram to the identity cards. However, sanction for the same was refused by the first respondent as per Ext.P20 order. 3. The reason given in Ext.P20 order is that, affixing of holograms in the identity card is not in conformity/in compliance with Rule 16A read with Form Nos.6A and 6B of the Co-operative Societies Rules. The Rules does not provide for affixing of a hologram in the identity card. 4. I have heard Smt.Kavery S. Thampi, learned counsel for the petitioners, Sri.P.C.Sasidharan, the learned counsel for the 4[th] respondent and the learned Senior Government Pleader. 5. Law cannot be static; it is “Ongoing”. The statutory language is to be read and understood accordingly, argued the learned counsel for the petitioner. W.P.(C) No.28311 of 2022 -: 3 :- 6. The respondents would rely on the judgment of the Division Bench of this Court in _**R.G.Harilal v. The Joint**_ _**Registrar of Co-operative Societies (General) and Others (2018 (5) KHC**_ _**902)**_ and contend that this Court had refused to grant sanction for issuance of laminated identity cards with bar codes. Since there is no enabling statutory provision for incorporation of hologram in the statutorily mandated identity cards, it is not permissible, is the contention. 7. Rule 16A of the Co-operative Societies Rules provides for the issuance of the identity card. Rule 16A - (1) which is the relevant provision reads thus:- _“_ _**16A. Identity card:—** (1) A person admitted as a member of a Society shall be issued with an identity card, in Form 6A, which shall be conclusive evidence to prove his membership in the Society. The member shall furnish two copies of his recent photograph of passport size to the Society. Copies of the photograph shall be attested by the Chief Executive of the Society or an officer specially empowered in this behalf by the Committee of the Society and one copy of the duly attested_ W.P.(C) No.28311 of 2022 -: 4 :- _photograph shall be affixed in the identity card and the other copy shall be affixed in the Register in Form 6B maintained for the purpose. The identity card shall also bear the seal of the Society.”_ As per the rule, the identity card which is to be issued in Form 6A of the Rules is to contain recent passport size photograph of the member attested by the Chief Executive of the Society. The identity card shall bear the seal of the Society. The other details to be contained in the identity card are- - (1) Name and address of the Society - (2) Member number - (3) Name and residential address of the member - (4) Father's/husbands' name - (5) Date of birth of the member - (6) Date of admission as member of the Society - (7) Signature/thumb impression; and - (8) Date of issue. W.P.(C) No.28311 of 2022 -: 5 :- The Form 6B register to be maintained at the Society is to contain the very same details including the attested photograph. The Rule does not provide for affixing of a hologram. 8. That, practices of tampering with the identity cards and impersonation etc. is prevalent was duly taken note of by the Registrar of Co-operative Societies as early as in the year 1993 which led to the issuance of Circular No.2/93 dated 16.01.1993 requiring the Returning Officers to satisfy the identity of the voter and the genuineness of the identity cards before issuance of ballot paper. In the previous election to the Committee of the Society there were instances of usage of fake identity cards. The complaints in the said regard and the statement of the Secretary of the Society regarding the same were referred to earlier. It is to prevent such practices that the General Body of the Society took a decision to issue fresh identity cards W.P.(C) No.28311 of 2022 -: 6 :- with holograms affixed thereon. 9. In _**R.G.Harilal's case**_ (supra), the proposal was to laminate the card and to include bar code. Therein the Division Bench held that lamination makes comparison of the signatures difficult and also that the particulars to be contained in the identity cards as prescribed in Form 6A cannot be permitted to be replaced by a bar code. It was on the said reasons that the prayer was declined. 10. In the case at hand, all that the Society has decided is to provide a hologram in the identity card, which is in addition to providing of all the details as mandated under Rule 16A, and Form 6A and Form 6B of the Rules. No details are sought to be replaced or taken away from the identity card or the register but only an additional security in the form of hologram is sought to be imposed in the identity card. This will ensure the genuineness of the identity card. I do not find that W.P.(C) No.28311 of 2022 -: 7 :- there is any statutory violation by adding a hologram to the identity card when all the details as required under Rule 16A, Form 6A and 6B are provided in the card. If any of the details mandated under Rule 16A in Form 6A and 6B are not contained in the identity card it could be contended that there is a violation of the statutory provisions. However, no such violation is suggested. Therefore, I am unable to agree with the contention that affixing of the hologram in the identity card would violate the statute. The endeavour is only to maintain the purity of election. The General Body is the supreme authority of the Society as provided for in Section 27 of the Co-operative Societies Act. The General Body having resolved to impose hologram on the identity card to ensure a fair and proper election there is no justification for not granting sanction to the same. Ext.P20 order of the first respondent is liable to be interfered with. W.P.(C) No.28311 of 2022 -: 8 :- Resultantly, this writ petition is allowed. Ext.P20 order of the first respondent is quashed. The Society is permitted to provide fresh identity cards to its members with the particulars prescribed in Form 6A with the hologram imposed thereon. Sd/- **SATHISH NINAN JUDGE** kns/- //True Copy// P.S. to Judge ## **APPENDIX OF WP(C) 28311/2022** PETITIONER EXHIBITS |EXHIBIT P1|TRUE COPY OF THE IDENTITY CARDS ISSUED FROM| |---|---| ||THE PETITIONER SOCIETY TO ITS MEMBERS.| |EXHIBIT P2|TRUE COPY OF THE COMPLAINT SUBMITTED BY M.S| ||HAMEEDKUTTY, THE ERSTWHILE PRESIDENT OF THE| ||SOCIETY TO THE PETITIONERS DATED 13.12.2019.| |EXHIBIT P3|TRUE COPY OF THE COMPLAINT SUBMITTED BY ONE| ||OF THE MEMBERS OF THE SOCIETY NAMELY SRI SAJU| ||DATED 20.07.2020.| |EXHIBIT P4|TRUE COPY OF THE STATEMENT GIVEN BY THE| ||ERSTWHILE SECRETARY OF THE SOCIETY NAMELY| ||SMT. LATHIKA.| |EXHIBIT P5|TRUE COPY OF THE DECISION NO: 14 TAKEN IN THE| ||ANNUAL GENERAL BODY OF THE SOCIETY HELD ON| ||14.02.2021.| |EXHIBIT P6|TRUE COPY OF THE DECISION NO: 7 TAKEN IN THE| ||ANNUAL GENERAL BODY OF THE SOCIETY HELD ON| ||27.11.2021.| |EXHIBIT P7|TRUE COPY OF THE RELEVANT PAGES OF THE BYE| ||LAW OF THE PETITIONER SOCIETY.| |EXHIBIT P8|TRUE COPY OF THE COMMUNICATION DATED| ||11.01.2022 ISSUED BY THE MULANTHURUTHY UNIT| ||INSPECTOR OF THE OFFICE OF THE 2ND RESPONDENT| ||TO THE 2ND PETITIONER.| |EXHIBIT P9|TRUE COPY OF THE COMMUNICATION DATED ISSUED| ||BY THE 1ST RESPONDENT TO THE 2ND RESPONDENT.| |EXHIBIT P10|TRUE COPY OF THE REPLY SUBMITTED BY THE 2ND| ||PETITIONER TO EXT P8 DATED 04.02.2022.| |EXHIBIT P11|TRUE COPY OF THE COMMUNICATION DATED| ||16.03.2022 ISSUED TO THE PETITIONERS BY THE| ||1ST RESPONDENT AND SERVED ON THE PETITIONERS| ||ON 16.03.2022.| APPENDIX- **WP(C) 28311/2022** -2- |EXHIBIT P12|TRUE COPY OF THE REPLY SUBMITTED BY THE 1ST| |---|---| ||PETITIONER WITH THE 1ST RESPONDENT DATED| ||22.03.2022.| |EXHIBIT P13|TRUE COPY OF THE JUDGMENT DATED 13.12.2018 IN| ||WA NO: 2414 OF 2018 OF THIS HON'BLE COURT.| |EXHIBIT P14|TRUE COPY OF THE JUDGMENT IN W.P. (C).| ||NO.13462 OF 2020 DATED 22.12.2020.| |EXHIBIT P15|TRUE COPY OF THE IDENTITY CARD ISSUED FROM| ||THE PARAYAKAD SERVICE CO-OPERATIVE BANK| ||LIMITED.| |EXHIBIT P16|A TRUE COPY OF THE LETTER DATED 06-04-2023| ||SUBMITTED BY THE PETITIONERS BEFORE THE 1ST| ||RESPONDENT ALONG WITH THE PROPOSED IDENTITY| ||CARD.| |EXHIBIT P17|A TRUE COPY OF THE RELEVANT PAGE OF THE LOCAL| ||DELIVERY BOOK.| |EXHIBIT P18|TRUE COPY OF THE COMMUNICATION ISSUED BY THE| ||1ST RESPONDENT TO THE 1ST PETITIONER DATED| ||21-06-2023| |EXHIBIT P19|A TRUE COPY OF THE LETTER FORWARDED BY THE| ||1ST PETITIONER TO THE 1ST RESPONDENT DATED| ||27-06-2023| |EXHIBIT P20|A TRUE COPY OF THE COMMUNICATION NO: C.R.P| ||(1) 2454/2021 DATED 4.07.2023 ISSUED BY THE| ||1ST RESPONDENT TO THE 1ST PETITIONER| |EXHIBIT P21|A TRUE COPY OF CIRCULAR NO.2/93 DATED 16-1-| ||1993 ISSUED BY THE REGISTRAR OF CO-OPERATIVE| ||SOCIETIES| -----