T.K. Venugopal Lekshmi Nivas & Others v. Deputy Director of Dairy Development, Pattom, Thiruvananthapuram & Others

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN** **FRIDAY ,THE 28TH DAY OF SEPTEMBER 2018 / 6TH ASWINA, 1940** ## **WP(C).No. 23440 of 2018** ## **PETITIONERS:** - **1 T.K.VENUGOPAL LEKSHMI NIVAS, PLAVARA, PACHA PO,NANNIYODE, THIRUVANANTHAPURAM** - **2 SATHIKUMAR V SNEHASANDRAM, PULIYOOR, PACHA PO, NANNIYODE, THIRUVANANTHAPURAM** - **3 SAVITHRI.L ANITHA BHAVAN, PULIYOOR, PACHA PO, NANNIYODE, THIRUVANANTHAPURAM** - **4 BHADRA AMMA K.K. HOUSE, KOCHUTHANNIMOODU,PACHA PO, NANNIYODE, THIRUVANANTHAPURAM** - **5 SASIDHARAN.K ANEESH NIVAS, KALLIPPARA,PACHA PO, NANNIYODE, THIRUVANANTHAPURAM** - **6 SURESHKUMAR GREESHMAM, KALLIPPARA,PACHA PO, NANNIYODE, THIRUVANANTHAPURAM** - **7 BINDU R KIZHAKUMKARA VEEDU, NEYYAPPALLI,PACHA PO, NANNIYODE, THIRUVANANTHAPURAM** - **8 RIJI S.S ASHTAPATHI, KALLIPPARA,PACHA PO, NANNIYODE, THIRUVANANTHAPURAM** - **9 VINAYAKAN.S.K S.K. NIVAS, ALAMPARA,PACHA PO, NANNIYODE, THIRUVANANTHAPURAM** W.P.(C) No.23440/2018 2 - **10 N.BALACHANDRAN N.S. BHAVAN, NEYYAPPALLI, PACHA PO, NANNIYODE, THIRUVANANTHAPURAM** - **11 LALKUMAR V NILLAVU, PULIYOOR, PACHA PO, NANNIYODE, THIRUVANANTHAPURAM** - **12 ASWATHI.R.J KIZHAKKUMKARA PUTHEN VEEDU,PLAVARA, PACHA PO, NANNIYODE, THIRUVANANTHAPURAM** - **13 SALINI S NILLAVU (ANITHA BHAVAN),PULIYOOR, PACHA PO, NANNIYODE, THIRUVANANTHAPURAM** - **14 PREETHA** - **LEKSHMI NIVAS, PLAVARA, PACHA PO, NANNIYODE, THIRUVANANTHAPURAM** - **15 RAJU.V R.V. NIVAS, PULIYOOR, PACHA PO, NANNIYODE, THIRUVANANTHAPURAM** **BY ADVS.** - **SRI.B.S.SWATHY KUMAR SMT.ANITHA RAVINDRAN SMT.P.S.BHAGYA SURABHI SRI.HARISANKAR N UNNI SRI.O.A.ANJU** ## **RESPONDENTS:** - **1 THE DEPUTY DIRECTOR OF DAIRY DEVELOPMENT PATTOM, THIRUVANANTHAPURAM, PIN 695001** - **2 THE NANNIYODE KSHEEROLOPADAKA CO OPERATIVE SOCIETY LTD.NO.T.57(D), APCOS, NANNIYODE, PACHA PO, NEDUMANGAD, THIRUVANANTHAPURAM, PIN 695562, REPRESENTED BY ITS SECRETARY** - **3 THE ADMINISTRATIVE COMMITTE OF THE NANNIYODE KSHEEROLOPADAKA CO-OPERATIVE SOCIETY LTD. NO.T.57(D) APCOS, NANIYODE, PACHA P O,NEDUMANGAD, THIRUVANANTHAPURAM, PIN 695562, REPRESENTED BY ITS CHAIRMAN** - **4 ADDL. R4. STATE CO-OPERATIVE ELECTION COMMISSION CO-BANK TOWERS, VIKAS BHAVAN P.O., THIRUVANANTHAPURAM -695033.** W.P.(C) No.23440/2018 3 **5 ADDL. R5. THE ELECTORAL OFFICER ELECTION TO THE MANAGING COMMITTEE OF THE NANNIYODE KSHEEROLPADAKA CO-OPERATIVE SOCIETY LTD.NO. T.57(D), APCOS, NANNIYODE, PACHA PO, NEDUMANGAD, THIRUVANANTHAPURAM/ DIARY EXTENSION OFFICER, THACHOTTUKAVU, NEMOM BLOCK, MALAYINKIL P.O., THIRUVANANTHAPURAM - 695571.** **6 ADDL. R6. THE RETURNING OFFICER ELECTION TO THE MANAGING COMMITTEE OF THE NANNIYODE KSHEEROLPADAKA CO-OPERATIVE SOCIETY LTD., NO. T.57(D), APCOS, NANNIYODE, PACHA PO, NEDUMANGAD,THIRUVANANTHAPURAM/DAIRY EXTENSION OFFICER, HIGHER GRADE, D SECTION, OFFICE OF THE DEPUTY DIRECTOR OF DAIRY DEVELOPMENT, PATTOM P.O., THIRUVANANTHAPURAM - 695004.** **------------------------------------------------ADDITIONAL R4 TO R6 ARE IMPLEADED AS PER ORDER DATED 24/07/2018 IN IA NO. 13230/2018.** **BY ADVS. SMT.V.BEENA SRI.B.MOHANLAL** ## **OTHERS PRESENT:** **SRI K.S.MOHAMMED HASHIM, SPECIAL GOVERNMENT PLEADER** **THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28.09.2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** W.P.(C) No.23440/2018 4 ## **JUDGMENT** The petitioners, who are stated to be members of the second respondent Co-operative Society, which is a Milk Co-operative Society, have filed this Writ Petition under Article 226 of the Constitution of India, seeking a declaration that Exhibit-P2 order dated 29.6.2018 of the first respondent Deputy Director of Dairy Development, Thiruvananthapuram, is vitiated by extraneous consideration, non application of mind, non consideration of the documents produced by the petitioners and hence liable to be quashed and further declare that in view of the documents produced by the petitioners before the first respondent they are entitled to be included in the voters list of persons eligible to vote in the ensuing election. The petitioners have also sought for other consequential reliefs including a writ of certiorari to quash Exhibit-P2 order to the extent the petitioners are excluded from the voters list. 2. On 19.7.2018, when this Writ Petition came up for consideration, the learned Special Government Pleader took notice on admission for the first respondent. This Court issued notice on admission by special messenger to respondents 2 and 3, returnable by 23.7.2018. 3. During the pendency of this Writ Petition, the petitioner filed I.A.No.12917 of 2018 seeking an order to accept Exhibits-P3 to P59 as additional documents, which was followed by I.A.No.13232 of 2018 seeking to accept Exhibit-P60 as additional document. W.P.(C) No.23440/2018 5 4. A counter affidavit has been filed by the second respondent Society opposing the reliefs sought for in this Writ Petition. Thereafter, the petitioner has also moved I.A.No.14383 of 2018 seeking an order to accept Exhibits-P61 and P62 as additional documents. 5. Heard the learned counsel for the petitioner, the learned Special Government Pleader appearing for respondents 1, 4 to 6 and also the learned Standing Counsel for respondents 2 and 3. 6. The sole issue that arises for consideration in this Writ Petition is as to whether Exhibit-P2 order of the first respondent to the extent the petitioners are excluded from the voters list of the second respondent Society warrants interference by this Court in exercise of the extraordinary jurisdiction under Article 226 of the Constitution of India. 7. The pleadings and materials on record would show that Exhibit-P2 order of the first respondent is one issued pursuant to the direction contained in Exhibit-P1 order of this Court dated 25.5.2018 in W.P.(C) No.38630 of 2017 and W.P.(C) No.723 of 2018. By the said order, this Court directed the first respondent Deputy Director of Dairy Development to take up the matter and finalise the issue with regard to the list of eligible voters of the second respondent Society. The petitioners in those Writ Petitions as well as the Secretary of the Society and the Committee, which is in management of the affairs of the Society, were also to be heard before orders are passed by the first respondent W.P.(C) No.23440/2018 6 Deputy Director of Dairy Development. It is pursuant to Exhibit-P1 order that the first respondent Deputy Director has issued Exhibit-P2 order, whereby 50 persons including the petitioners herein are excluded from the list of members of the second respondent Society. The petitioner in W.P.(C) No.38630 of 2017 is the 15[th] petitioner in this Writ Petition. 8. Along with this Writ Petition, the petitioners have produced various documents, i.e., Exhibits-P3 to P59 in support of their claim that they are entitled to be included in the list of members of the second respondent Society. One of the contentions raised by the learned counsel for the petitioners is that those documents were produced before the first respondent at the time of personal hearing held on 19.6.2018. However, without adverting to any such documents, the first respondent issued Exhibit-P2 order. The learned counsel would also point out that no reason whatsoever has been stated in Exhibit-P2 order for rejecting the claim made by the petitioners for their inclusion in the list of members of the second respondent Society. 9. A reading of Exhibit-P2 order passed by the first respondent Deputy Director would not indicate as to any application of mind by the said respondent on the claim made by the petitioners for inclusion of their name in the list of members of the second respondent Society. 10. In **Breen v. Amalgamated Engineering Union (1971 (1) All. E.R. 1148)** Lord Denning, M.R. Observed that, the giving of reasons is W.P.(C) No.23440/2018 7 one of the fundamentals of good administration. In **Alexander Machinery (Dudley) Ltd. v. Crabtree (1974 ICR 120)** it was observed that, failure to give reasons amounts to denial of justice. Reasons are live links between the mind of the decision-taker to the controversy in question and the decision or conclusion arrived at. 11. Following the principle laid down in the decisions referred to above, the Apex Court in **Chairman and Managing Director, United Commercial Bank and others Vs. P.C.Kakkar (2003) 4 SCC 364)** held that, reasons substitute subjectivity by objectivity. The emphasis on recording reasons is that if the decision reveals the 'inscrutable face of the sphinx', it can, by its silence, render it virtually impossible for the courts to perform their appellate function or exercise the power of judicial review in adjudging the validity of the decision. Right to reason is an indispensable part of a sound judicial system. Another rationale is that the affected party can know why the decision has gone against him. One of the salutary requirements of natural justice is spelling out reasons for the order made, in other words, a speaking out. The 'inscrutable face of a sphinx' is ordinarily incongruous with a judicial or quasi-judicial performance. 12. A Constitution Bench of the Apex Court has laid down in **Krishna Swami v. Union of India and others (1992 (4) SCC 605)** that, undoubtedly, in a parliamentary democracy governed by rule of law, any W.P.(C) No.23440/2018 8 action, decision or order of any statutory/public authority/functionary must be founded upon reasons stated in the order or staring from the record. Reasons are the links between the material, the foundation for their erection and the actual conclusions. They would also demonstrate how the mind of the maker was activated and actuated and their rational nexus and synthesis with the facts considered and the conclusions reached. Lest it would be arbitrary, unfair and unjust, violating Article 14 or unfair procedure offending Article 21 of the Constitution of India. 13. The object underlying the rules of natural justice is to prevent miscarriage of justice and secure fair play in action. The recording of reasons by an administrative or quasi-judicial authority serves a salutary purpose, namely, it excludes chances of arbitrariness and ensures a degree of fairness in the process of decisions making. It would apply equally to all decisions made by such authority and its application cannot be confined to decisions which are subject to appeal, revision or judicial review. At the same time, it is not the requirement that, the reasons should be as elaborate as in the decision of a court of law. What is necessary is that, the reasons are clear and explicit so as to indicate that the authority has given due consideration to the points in controversy. Hence, it is an essential requirement of the rule of law that, some reasons, at least in brief, must be disclosed in the order passed by an administrative or quasi-judicial authority. W.P.(C) No.23440/2018 9 14. In **B.A.Linga Reddy v. Karnataka State Transport Authority (2015 (4) SCC 515)** , the Apex Court after referring to its earlier judgments on the subject has reiterated that, the rule of reason is antithesis to arbitrariness in action and is a necessary concomitant of the principles of natural justice. If a statutory or public authority/functionary does not record the reasons, its decision would be rendered arbitrary, unfair, unjust and violating Articles 14 and 21 of the Constitution of India. It is the duty of such authority/functionary to give reasons and to pass a speaking order that excludes arbitrariness in action. Referring to the facts of that case, the Apex Court noticed that, there is no consideration of the objections except mentioning the arguments of the rival parties and that objections both factual and legal have not been considered much less reasons assigned to overrule them. 15. Having considered the submissions made by the learned counsel on both sides, in the light of the law laid down in the decision referred to supra, conclusion is irresistible that Exhibit-P2 order of the first respondent, to the extent the petitioners (15 in number) are excluded from the list of members of the second respondent Society requires reconsideration at the hands of the first respondent. 16. In such circumstances, this Writ Petition is disposed of by setting aside Exhibit-P2 order to the extent the petitioners (15 in number) are excluded from the list of members of the second respondent Society. W.P.(C) No.23440/2018 10 The first respondent shall reconsider the matter, after affording the petitioners an opportunity to substantiate their claim based on Exhibits-P3 to P59 documents. A decision in this regard shall be taken as expeditiously as possible, at any rate, within a period of three weeks from the date of receipt of a certified copy of this judgment. The legal and factual contentions raised by the petitioners are left open to be raised before the first respondent at appropriate stage. Sd/- **ANIL K. NARENDRAN JUDGE** W.P.(C) No.23440/2018 11 ## **APPENDIX** **PETITIONERS' EXHIBITS:** **EXHIBIT P1 TRUE COPY OF THE ORDER IN WPC.NO. 723/2018 DATED 25.05.2018 EXHIBIT P2 TRUE COPY OF THE ORDER NO. D/294/2018 DATED 29.06.2018 OF THE 1ST RESPONDENT EXHIBIT P3 TRUE COPY OF THE RESIDENTIAL CERTIFICATE NO. B/7360/17 DATED 11/12/2017. EXHIBIT P4 TRUE COPY OF THE IDENTITY CARD NO.KL/19/130/297250 OF THE 1ST PETITIONER. EXHIBIT P5 TRUE COPY OF THE LOCATION MAP NO.2146/17 ISSUED BY THE VILLAGE OFFICER, PALODE. EXHIBIT P6 TRUE COPY OF THE RESIDENTIAL CERTIFICATE NO.B2/3907/18 DATED 14/06/2018. EXHIBIT P7 TRUE COPY OF THE CARD NO.1105191423 OF THE 2ND PETITIONER. EXHIBIT P8 TRUE COPY OF THE AADHAR CARD NO. 512653959985 OF THE 2ND PETITIONER. EXHIBIT P9 TRUE COPY OF THE RESIDENTIAL CERTIFICATE NO. B3-9404/17 DATED 10/12/2017. EXHIBIT P10 TRUE COPY OF THE IDENTITY CARD NO. KL/19/130/303373 OF THE 3RD PETITIONER. EXHIBIT P11 TRUE COPY OF THE AADHAR CARD NO.993382954391 OF THE 3RD PETITIONER. EXHIBIT P12 TRUE COPY OF THE RESIDENTIAL CERTIFICATE NO. B4/3901/18 DATED 16/06/2018. EXHIBIT P13 TRUE COPY OF THE IDENTITY CARD ISSUED TO THE ELECTION COMMISSION TO THE 4TH PETITIONER.** W.P.(C) No.23440/2018 12 - **EXHIBIT P14 TRUE COPY OF THE AADHAR CARD NO. 668011110482 OF THE 4TH PETITIONER.** - **EXHIBIT P15 TRUE COPY OF THE RATION CARD NO.1105047644 OF THE 4TH PETITIONER.** - **EXHIBIT P16 TRUE COPY OF THE RESIDENTIAL CERTIFICATE NO. B4-3800/18 DATED 16/06/2018.** - **EXHIBIT P17 TRUE COPY OF THE RATION CARD NO. 1105050213 OF THE 5TH PETITIONER.** - **EXHIBIT P18 TRUE COPY OF THE RESIDENTIAL CERTIFICATE NO. B4/3962/18 DATED 18/06/2018.** - **EXHIBIT P19 TRUE COPY OF THE AADHAR CARD NO.582484876816 OF THE 6TH PETITIONER.** - **EXHIBIT P20 TRUE COPY OF THE RESIDENTIAL CERTIFICATE NO. B4-3882/18 DATED 18/06/2018.** - **EXHIBIT P21 TRUE COPY OF THE IDENTITY CARD NO. DPY 1165646 OF THE 7TH PETITIONER.** - **EXHIBIT P22 TRUE COPY OF THE RATION CARD NO.1105048226 OF THE 7TH PETITIONER.** - **EXHIBIT P23 TRUE COPY OF THE AADHAR CARD NO. 283290332232 OF THE 7TH PETITIONER.** - **EXHIBIT P24 TRUE COPY OF THE RESIDENTIAL CERTIFICATE NO. B4-6880/2017 DATED 21/11/2017.** - **EXHIBIT P25 TRUE COPY OF THE RATION CARD NO. 1105189607 OF THE 8TH PETITIONER.** - **EXHIBIT P26 TRUE COPY OF THE OWNERSHIP CERTIFICATE NO. 5025201/360/2017 DATED 16/12/2017.** - **EXHIBIT P27 TRUE COPY OF THE AADHAR CARD NO. 761035061506 OF THE 9TH PETITIONER.** - **EXHIBIT P28 TRUE COPY OF THE RESIDENTIAL CERTIFICATE NO. B4-3881/18 DATED 18/06/2018.** W.P.(C) No.23440/2018 13 - **EXHIBIT P29 TRUE COPY OF THE IDENTITY CARD NO. KL/19/130/300062 OF THE 10TH PETITIONER.** - **EXHIBIT P30 TRUE COPY OF THE RESIDENTIAL CERTIFICATE NO. B2-4886/18 DATED 06/07/2018.** - **EXHIBIT P31 TRUE COPY OF THE IDENTITY CARD NO. KL/19/130/303492 OF THE 11TH PETITIONER.** - **EXHIBIT P32 TRUE COPY OF THE RESIDENTIAL CERTIFICATE NO. B4-3812/18 DATED 14/06/2018.** - **EXHIBIT P33 TRUE COPY OF THE IDENTITY CARD NO. XK10545335 OF THE 12TH PETITIONER.** - **EXHIBIT P34 TRUE COPY OF THE AADHAR CARD NO. 760876102140 OF THE 12TH PETITIONER.** - **EXHIBIT P35 TRUE COPY OF THE RATIONAL CARD NO. 1105130401 OF THE 12TH PETITIONER.** - **EXHIBIT P36 TRUE COPY OF THE RESIDENTIAL CERTIFICATE NO. B4-3917/18 DATED 14/06/2018.** - **EXHIBIT P37 TRUE COPY OF THE IDENTITY CARD NO. KL/19/133/432592 OF THE 13TH PETITIONER.** - **EXHIBIT P38 TRUE COPY OF THE RESIDENTIAL CERTIFICATE NO. B3-7551/17 DATED 18/12/2017.** - **EXHIBIT P39 TRUE COPY OF THE IDENTITY CARD NO. KL/19/130/297196 OF THE 14TH PETITIONER.** - **EXHIBIT P40 TRUE COPY OF THE RATION CARD NO. 1105048839 OF THE 14TH PETITIONER.** - **EXHIBIT P41 TRUE COPY OF THE RESIDENTIAL CERTIFICATE NO. B1/3868/18 DATED 19/06/2018.** **EXHIBIT P42 TRUE COPY OF THE IDENTITY CARD NO.XK10476614 OF THE 15TH PETITIONER.** W.P.(C) No.23440/2018 14 |**EXHIBIT P43**|**TRUE COPY OF THE DRIVING LICENSE NO.**| |---|---| ||**21/7483/1984 OF THE 15TH PETITIONER.**| |**EXHIBIT P44**|**TRUE COPY OF THE RATION CARD NO.**| ||**1105130391 OF THE 15TH PETITIONER.**| |**EXHIBIT P45**|**TRUE COPY OF THE CERTIFICATE ISSUED BY**| ||**THE SECRETARY OF THE SECOND RESPONDENT**| ||**TO THE 1ST PETITIONER DATED 16/06/2018.**| |**EXHIBIT P46**|**TRUE COPY OF THE CERTIFICATE ISSUED BY**| ||**THE SECRETARY OF THE OF THE 2ND**| ||**RESPONDENT TO THE 2ND PETITIONER DATED**| ||**16/06/2018.**| |**EXHIBIT P47**|**TRUE COPY OF THE CERTIFICATE ISSUED BY**| ||**THE SECRETARY OF THE OF THE 2ND**| ||**RESPONDENT TO THE 3RD PETITIONER DATED**| ||**18/06/2018.**| |**EXHIBIT P48**|**TRUE COPY OF THE CERTIFICATE ISSUED BY**| ||**THE SECRETARY OF THE OF THE 2ND**| ||**RESPONDENT TO THE 4TH PETITIONER DATED**| ||**18/06/2018.**| |**EXHIBIT P49**|**TRUE COPY OF THE CERTIFICATE ISSUED BY**| ||**THE SECRETARY OF THE OF THE 2ND**| ||**RESPONDENT TO THE 5TH PETITIONER DATED**| ||**18/06/2018.**| |**EXHIBIT P50**|**TRUE COPY OF THE CERTIFICATE ISSUED BY**| ||**THE SECRETARY OF THE OF THE 2ND**| ||**RESPONDENT TO THE 5TH PETITIONER DATED**| ||**18/06/2018.**| |**EXHIBIT P51**|**TRUE COPY OF THE CERTIFICATE ISSUED BY**| ||**THE SECRETARY OF THE OF THE 2ND**| ||**RESPONDENT TO THE 7TH PETITIONER DATED**| ||**18/06/2018.**| |**EXHIBIT P52**|**TRUE COPY OF THE CERTIFICATE ISSUED BY**| ||**THE SECRETARY OF THE OF THE 2ND**| ||**RESPONDENT TO THE 8TH PETITIONER DATED**| ||**16/06/2018.**| |**EXHIBIT P53**|**TRUE COPY OF THE CERTIFICATE ISSUED BY**| ||**THE SECRETARY OF THE OF THE 2ND**| ||**RESPONDENT TO THE 9TH PETITIONER DATED**| ||**18/06/2018.**| W.P.(C) No.23440/2018 15 - **EXHIBIT P54 TRUE COPY OF THE CERTIFICATE ISSUED BY THE SECRETARY OF THE OF THE 2ND RESPONDENT TO THE 10TH PETITIONER DATED 16/06/2018.** - **EXHIBIT P55 TRUE COPY OF THE CERTIFICATE ISSUED BY THE SECRETARY OF THE OF THE 2ND RESPONDENT TO THE 11TH PETITIONER DATED 18/06/2018.** - **EXHIBIT P56 TRUE COPY OF THE CERTIFICATE ISSUED BY THE SECRETARY OF THE 2ND RESPONDENT TO THE 12TH PETITIONER DATED 16/06/2018.** - **EXHIBIT P57 TRUE COPY OF THE CERTIFICATE ISSUED BY THE SECRETARY OF THE 2ND RESPONDENT TO THE 13TH PETITIONER DATED 16/06/2018.** - **EXHIBIT P58 TRUE COPY OF THE CERTIFICATE ISSUED BY THE SECRETARY OF THE OF THE 2ND RESPONDENT TO THE 14TH PETITIONER DATED 16/06/2018.** - **EXHIBIT P59 TRUE COPY OF THE CERTIFICATE ISSUED BY THE SECRETARY OF THE OF THE 2ND RESPONDENT TO THE 15TH PETITIONER DATED 16/06/2018.** - **EXHIBIT P60 TRUE COPY OF THE NOTIFICATION NO. E(1)3280/2018/SCEC DATED 18/07/2018.** - **EXHIBIT P61 TRUE COPY OF THE PROCEEDINGS NO.355/18 DATED 28/07/2018 OF THE 5TH RESPONDENT.** - **EXHIBIT P62 TRUE COPY OF THE NOTICE DATED 28/07/2018 ISSUED BY THE 5TH RESPONDENT.** ## **RESPONDENTS' EXHIBITS:** **EXHIBIT R2 (a)** TRUE COPY OF THE RESOLUTION NO. 4(E)DATED 23/04/2018 INCLUDING THE LIST OF 121 MEMBERS. //True copy// P.S. To Judge csl