WP(C) Nos. 25543/2023; 27156/2023; 27388/2023 (Pindimana Service Co-operative Bank Ltd election matter)

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MR. JUSTICE SATHISH NINAN** **THURSDAY, THE 21[ST] DAY OF SEPTEMBER 2023 / 30TH BHADRA, 1945** ## **WP(C) NO. 25543 OF 2023** ## **PETITIONERS:** 1 T.S.SAJEESH, AGED 47 YEARS, S/O.SASIDHARAN, THEVARKKATTIL,AAMALA,THRIKKARIYOOR P.O, ERNAKULAM DISTRICT, PIN-686692 (MEMBER NO: 5084),PINDIMANA SERVICE CO-OPERATIVE BANK LTD.NO.E- 25,CHELAD P O, KOTHAMANGALAM,ERNAKULAM DISTRICT, PIN 6860681. 2 S.K.IBRAHIM,AGED 65 YEARS,S/O.KUNJUBHAVA SAITHUKUDIYIL HOUSE, THRIKKARIYOOR P.O, ERNAKULAM DISTRICT, PIN-686692 (MEMBER NO. 2043) PINDIMANA SERVICE CO-OPERATIVE BANK LTD.NO.E-25,CHELAD P O, KOTHAMANGALAM,ERNAKULAM DISTRICT-PIN 6860681. 3 P.A.KUNJAPPAN,AGED 85 YEARS,S/O.AYYAPPAN, PAYYANA HOUSE, PINDIMANA P.O.,ERNAKULAM DISTRICT, PIN-686692 (MEMBERNO.766), PINDIMANA SERVICE CO-OPERATIVE BANK LTD.NO.E-25,CHELAD P O, KOTHAMANGALAM,ERNAKULAM DISTRICT PIN – 6860681. 4 M.N.SIVAN, AGED 68 YEARS, S/O.NARAYAN, MARIYELIL HOUSE, THRIKKARIYOOR P.O, ERNAKULAM DISTRICT, PIN-686692 (MEMBER NO.1261), PINDIMANA SERVICE CO-OPERATIVE BANK LTD.NO.E25,CHELAD P O, KOTHAMANGALAM,ERNAKULAM DISTRICT, PIN – 686692. BY ADVS. RESHMA E. O.MINCY ANAKHA KRISHNA ## **RESPONDENTS:** 1 THE STATE CO-OPERATIVE ELECTION COMMISSION, OFFICE OF THE STATE CO-OPERATIVE ELECTION COMMISSION,VIKAS BHAVN,THIRUVANANTHAPURAM, PIN - 695033 2 THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL),OFFICE OF THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL),COLLECTORATE, CIVIL STATION, KAKKANADU, ERNAKULAM DISTRICT, PIN - 682030 **WP(C) NO. 25543 OF 2023 -2-** 3 THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL),OFFICE OF THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES, KOTHAMANGLAM, ERNAKULAM DISTRICT, PIN – 686691. 4 THE RETURNING OFFICER, THE PINDIMANA SERVICE CO-OPERATIVE BANK LTD.NO.E-25,CHELAD P O, KOTHAMANGALAM,ERNAKULAM DISTRICT, PIN – 686068. 5 PINDIMANA SERVICE CO-OPERATIVE BANK LTD. NO.E-25,CHELAD P O, KOTHAMANGALAM,ERNAKULAM DISTRICT REPRESENTED BY ITS SECRETARY, PIN - 686068 6 THE UNIT INSPECTOR, KOTHAMANGALAM UNIT AND THE INQUIRY OFFICER, OFFICE OF THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES KOTHAMANGLAM,ERNAKULAM DISTRICT, PIN – 686691. 7 THE MANAGING COMMMITTEE, PINDIMANA SERVICE CO-OPERATIVE BANK LTD. NO.E25, CHELAD P O, KOTHAMANGALAM,ERNAKULAM DISTRICT REPRESENTED BY ITS PRESIDENT. BY ADVS. NISHA GEORGE ANSHIN K.K GEORGE POONTHOTTAM (SR.) SMT.MABLE C. KURIAN, SR. GOVT. PLEADER, SRI.C.M.NAZAR, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21.09.2023, ALONG WITH WP(C).27156/2023, 27388/2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MR. JUSTICE SATHISH NINAN** **THURSDAY, THE 21[ST] DAY OF SEPTEMBER 2023 / 30TH BHADRA, 1945** ## **WP(C) NO. 27156 OF 2023** ## **PETITIONERS:** 1 C.K.MADHAVAN, AGED 51 YEARS, S/O.KUNJAN, KOZHIKKARA HOUSE, CHEMMANAD, MALIPPARA P.O, ERNAKULAM DISTRICT, PIN - 686692. (MEMBER NO. 1015),PINDIMANA SERVICE COOPERATIVE BANK LTD. NO.E-25, CHELAD P O, KOTHAMANGALAM,ERNAKULAM DISTRICT, PIN – 686681. 2 NIBI KUTTAPPAN,AGED 42 YEARS,S/O. I.V.KUTTAPPAN,IKKERA HOUSE, CHELOD P.O, ERNAKULAM DISTRICT, PIN - 686681 (MEMBER NO. 6388) PINDIMANA SERVICE COOPERATIVE BANK LTD.NO.E-25,CHELAD P O, KOTHAMANGALAM,ERNAKULAM DISTRICT, PIN – 686681. 3 AMAL K SAJU, AGED 28 YEARS,S/O.SAJU K A,KOZHIKKARA HOUSE, PINDIMANA P O., ERNAKULAM DISTRICT, PIN - 686692. (MEMBER NO. 6754),PINDIMANA SERVICE COOPERATIVE BANK LTD.NO.E-25,CHELAD P O, KOTHAMANGALAM,ERNAKULAM DISTRICT, PIN – 686681. 4 ANEESH THANKAPPAN, AGED 39 YEARS,S/O.P V THANKAPPAN,POKKAT HOUSE MALIPPARA P O., ERNAKULAM DISTRICT, PIN - 686692. (MEMBER NO. 4143) PINDIMANA SERVICE COOPERATIVE BANK LTD.NO.E-25,CHELAD P O, KOTHAMANGALAM,ERNAKULAM DISTRICT, PIN – 686681. 5 LEENA DIVAKARAN,AGED 56 YEARS,S/O.P B DIVAKARAN, PLAMKOOTTATHIL HOUSE, THRIKKARIYOOR P O. ERNAKULAM DISTRICT, PIN - 686692. (MEMBER NO. 4567),PINDIMANA SERVICE COOPERATIVE BANK LTD.NO.E-25,CHELAD P O, KOTHAMANGALAM,ERNAKULAM DISTRICT, PIN – 686681. 6 LENIN SAHADEVAN,AGED 37 YEARS,S/O. SAHADEVAN,INJAPPILLIL HOUSE, PINDIMANA P O. ERNAKULAM DISTRICT, PIN - 6860681. (MEMBER NO. 4281) PINDIMANA SERVICE COOPERATIVE BANK LTD.NO.E-25,CHELAD P O, KOTHAMANGALAM,ERNAKULAM DISTRICT, PIN - 686681 BY ADVS. RESHMA E. O.MINCY ANAKHA KRISHNA **WP(C) NO. 27156 OF 2023 -2-** ## **RESPONDENTS:** 1 THE STATE COOPERATIVE ELECTION COMMISSION, REPRESENTED BY ITS SECRETARY, THIRUVANANTHAPURAM, PIN - 695033 2 THE ELECTORAL OFFICER/ASSISTANT REGISTRAR OF COOPERATIVE SOCIETIES,OFFICE OF THE ASSISTANT REGISTRAR OF COOPERATIVE SOCIETIES (GENERAL),KOTHAMANGLAM, ERNAKULAM DISTRICT, PIN – 686691. 3 THE JOINT REGISTRAR OF COOPERATIVE SOCIETIES (GENERAL),OFFICE OF THE JOINT REGISTRAR OF COOPERATIVE SOCIETIES GENERAL,COLLECTORATE, CIVIL STATION, KAKKANADU, ERNAKULAM DISTRICT, PIN – 682030. 4 RETURNING OFFICER/UNIT INSPECTOR, OFFICE OF THE ASSISTANT REGISTRAR OF COOPERATIVE SOCIETIES (GENERAL),KOTHAMANGLAM, ERNAKULAM DISTRICT, PIN – 686691. 5 PINDIMANA SERVICE COOPERATIVE BANK LTD.NO.E-25, CHELAD P O, KOTHAMANGALAM,ERNAKULAM DISTRICT REPRESENTED BY ITS SECRETARY. 6 THE MANAGING COMMMITTEE, PINDIMANA SERVICE COOPERATIVE BANK LTD.NO.E-25,CHELAD P O, KOTHAMANGALAM,ERNAKULAM DISTRICT REPRESENTED BY ITS PRESIDENT. BY ADVS. NISHA GEORGE GEORGE POONTHOTTAM (SR.) KAVYA VARMA M. M. SRI.C.M.NAZAR, SC SMT.RESMI THOMAS, GOVT. PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21.09.2023, ALONG WITH WP(C).25543/2023 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MR. JUSTICE SATHISH NINAN** ## **THURSDAY, THE 21[ST] DAY OF SEPTEMBER 2023 / 30TH BHADRA, 1945** ## **WP(C) NO. 27388 OF 2023** ## **PETITIONERS:** 1 THE MANAGING COMMITTEE, PINDIMANA SERVICE CO-OPERATIVE BANK LIMITED NO. E 25, CHELAD POST, ERNAKULAM DISTRICT-686692, REPRESENTED BY THE PRESIDENT. 2 THE SECRETARY, PINDIMANA SERVICE CO-OPERATIVE BANK LIMITED NO. E 25, CHELAD POST, ERNAKULAM DISTRICT, PIN – 686692. BY ADVS. NISHA GEORGE GEORGE POONTHOTTAM (SR.) KAVYA VARMA M. M. ## **RESPONDENTS:** 1 THE STATE CO-OPERATIVE ELECTION COMMISSION, 3RD FLOOR, CO BANK TOWERS, VIKAS BHAVAN P.O., THIRUVANANTHAPURAM, PIN CODE:-695033, REPRESENTED BY ITS COMMISSIONER. 2 THE ASSISTANT REGISTRAR (GENERAL) OF CO-OPERATIVE SOCIETIES, KOTHAMANGALAM, ERNAKULAM DISTRICT, ELECTORAL OFFICER, PINDIMANA SERVICE CO-OPERATIVE BANK LIMITED NO. E 25, CHELAD POST, ERNAKULAM DISTRICT, PIN – 686692. 3 THE RETURNING OFFICER, PINDIMANA SERVICE CO-OPERATIVE BANK LIMITED NO. E 25, CHELAD POST, ERNAKULAM DISTRICT, PIN – 686692. 4 RANJITH P. RAJ, UNIT INSPECTOR, KOTTAPPADI UNIT, RETURNING OFFICER, PINDIMANA SERVICE CO-OPERATIVE BANK LIMITED NO. E 25, CHELAD POST, ERNAKULAM DISTRICT, PIN – 686692. SRI.C.M.NAZAR, SC SMT.RESMI THOMAS, GOVT. PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21.09.2023, ALONG WITH WP(C).25543/2023 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ## **SATHISH NINAN, J.** **= = = = = = = = = = = = = = = = = = W.P.(C) Nos.25543, 27156 & 27388 of 2023 = = = = = = = = = = = = = = = = = = Dated this the 21[st] day of September, 2023** ## **J U D G M E N T** The subject matter involved in these writ petitions is the election to the Managing Committee of the Pindimana Service Co-operative Bank Ltd. 2. The term of the Committee is to expire on 27.10.2023. The Election Commission notified election to be held on 03.09.2023. Such notification was subsequently cancelled from the stage of publication of the final voters list. 3. W.P.(c) No.25543 of 2023 is filed by few members challenging the election notification and seeking postponement of the election, alleging irregularities in the Form-6B register. W.P.(c) No.27156/2023 is filed by few members to postpone the election and for permission to remit the enhanced share value, to enable them to take part in the election. The Managing Committee WP(C) Nos.25543, 27156 & 27388 of 2023 -: 2 :- presently in office has filed W.P.(c) No.27388/2023 challenging cancellation of election originally notified. 4. I have heard the learned counsel on either side. 5. On 03.07.2023, the Managing Committee resolved to conduct election to the Committee on 03.09.2023. The same was forwarded by the Joint Registrar to the Election Commission. The Election Commission issued notification dated 26.07.2023, notifying the election to be held on 03.09.2023. The process of election was to commence on 31.07.2023 which was the date fixed for publication of the draft voters list. 6. In W.P.(c) Nos.25543 of 2023 and 27156 of 2023 the allegation is that the Form-6B Register is incomplete and that there are various irregularities therein. They relied on a communication by the Secretary of the Society to the Assistant Registrar who is the returning officer, which is marked as Ext.P6 in WP(C) Nos.25543, 27156 & 27388 of 2023 -: 3 :- W.P(c).25543 of 2023. The content of the letter is that the Form-6B Register is incomplete. They also referred to Ext.P7(a) in the same writ petition, which is a communication by the Electoral Officer-Assistant Registrar to the Election Commission, wherein also the same irregularity is pointed out. 7. As per the election notification, the time fixed for submitting objections to the draft voters list was from 31.07.2023 to 07.08.2023. The date fixed for consideration of the objections was 08.08.2023, and the date for publication of the voters list was 10.08.2023. It appears that Sri.Sajeesh T.S.(the 1[st] petitioner in W.P(c). 25543/2023) and others submitted objections to the draft voters list alleging that hundreds of ineligible members have been included in the list by giving false address. Ext.P5 produced in W.P.(c) No.27388/2023 is a copy of such complaint. Referring to such complaint, the electoral officer-Assistant WP(C) Nos.25543, 27156 & 27388 of 2023 -: 4 :- Registrar called for explanations from the Secretary of the Society. The explanations were required to be submitted by 5.00 p.m. on 09.08.2023, the date for publication of final list being on 10.08.2023. 8. On 09.08.2023, the Election Commission, referring to the communication of the Electoral Officer/Assistant Registrar dated 08.08.2023 rescheduled the date fixed for publication of the final voters list from 10.08.2023 to 14.08.2023. The reason stated therein is that, the electoral officer sought more time for considering the objections to the draft voters list. 9. Thereafter on 16.08.2023, the Election Commission issued a notification cancelling the extension made on 09.08.2023 and the stages of election to follow therefrom, as contained in the election notification dated 26.07.2023. This is stated to enable consideration of the objections to the voters list and for publication of the final voters list. WP(C) Nos.25543, 27156 & 27388 of 2023 -: 5 :- 10. The objections filed to the voters list is produced as Ext.P5 in W.P.(C) No.27388/2023. The objections stated therein reads thus :- “_lp. Akn. c-Pn-kv-{SmÀ ap-¼msI, Xm-sg t]-sc-gp-Xn H-¸n-«n-cn-¡p-ó-hÀ t_m-[n-¸n-¡p-ó ]-cm-Xn. ]n-ï-na-\ kÀÆo-kv k-lI-c-W _m-¦nð Cu h-cpó sk-]v-äw-_À amkw 3þmw Xob-Xn C-e-£³ \-S-¯p-hm³ C-e-£³ I-½o-j³ A-\p-hm-Zw sIm-Sp-¯-Xm-bn A-dn-bpóp. thm-«À ]-«n-I-bnð _m-¦nsâ ss_tem A-\p-k-cn-¨v ]pdsa \n-óv \q-dp-I-W-¡n-\v thm-«À-am-sc hym-P A-{U-Ênepw Ø-ew hn-äp hÀ-j-§-fm-bn Xma-kw am-dn-b-hcpw hn-hm-lw I-gn-¨-b-¨-hcpw hn-tZi-¯v tPm-en-¡v t]m-b-hcpw Iq-Sm-sX C-c-« Aw-K-Xz-ap-Å-hcpw {]-kn-²o-I-cn¨ thm-t«-gv-kv en-kvänð I-S-óp-Iq-Sn-bn-«pï-v. b-YmÀ° thm-«-h-Im-i-anñm¯ \n-ch-[n B-fpI-sf thm-«À ]-«n-I-bnð Im-Wm³ I-gnbpw. C-Xv kw-_-Ôn-¨v ]-e ]-cm-Xn-Ifpw _lp. sP. BÀ. F. BÀ F-ón-hÀ-¡-b-¨n-«pïv. AÀ-l-X-bnñm-¯ ap-gph³ B-fp-I-sfbpw thm-«À-]-«n-I-bnð \nópw H-gn-hm-¡n Ip-ä-aä thm-«À-]«n-I {]-kn-²o-I-cn-¨n-t« C-e-£³ \-S-¯mhq F-óv _lp. A-[n-Im-cn-I-tfm-Sv A-`yÀ-°n-¡póp.” WP(C) Nos.25543, 27156 & 27388 of 2023 -: 6 :- The same is accompanied by a list of voters. Noticeably, the allegations are not specific. It does not refer to any particular person or persons. The allegations are broadly and widely couched. But for alleging that the voters list suffers from inclusion of persons with dual membership, false address etc., no details or specifications are provided. In _**Vijayakumar v. Joint Registrar 1996 (1) KLT 285**_ , a Division Bench of this Court held that the objections to the draft voters list are to be specific, definite and pinpointed against a member. The Division Bench held thus:- _**“.....But, he can do so only if the objections are specific and definite against each individual member which can be subjected to verification with reliable materials that may be made available to him by the objections and the authorities of the Society. He is not expected to make a roving enquiry.**_ _**17. It is he who is to be satisfied about the correctness or otherwise of the objections. He cannot simply forward the objections to the authorities of the society for their verification. If, however, the objections are general or vague**_ WP(C) Nos.25543, 27156 & 27388 of 2023 -: 7 :- _**in nature or appear to be prima facie baseless, the Returning Officer is not bound to make any enquiry. …..”**_ Noticeably what Ext.P5 calls for is a roving enquiry, which as held by the Division Bench, is not expected or permissible. 12. The other contention against the draft voters list is the irregularity in the Form-6B register. The objections with regard to the same is evident from Ext.P6 in W.P.(c) No.25543/2023 which is the communication from the Secretary of the Bank to the Assistant Registrar/Returning Officer. The contents thereof reads thus:- “ To Assistant Registrar, Kothamangalam. Sir, _m¦n-se 14/07/2023 h-sc-bp-Å Im-e-b-f-hnð sa-¼À-jn-¸v sIm-Sp-¯-Xn-sâ 6B ]cn-tim-[n-¨-t¸mÄ hn-hn- WP(C) Nos.25543, 27156 & 27388 of 2023 -: 8 :- [-Im-c-W-§-fmð (t^m-t«m, H-¸v) 2017 h-sc-bp-Å 141þm-fw sa-¼À-jn-¸p-I-fnð 6B complete Añ.” Going by that communication, through the verification of the register up to the period 14.07.2023, it was noticed that the details with regard to 141 members enrolled up to the year 2017, is not complete. Election to the Managing Committee was earlier held on 28.10.2018. There is no material to find that any objection was raised to the said election with reference to the incompleteness of the Form-6B register. Even if there was any incompleteness, there is nothing to indicate that any objection was raised thereafter or that the same was sought to be rectified or corrected. It is only when fresh elections were notified to be held on 03.09.2023 that the issue is sought to be raked up. 13. As noticed first above, the term of the Committee is to expire on 27.10.2023. Once the election WP(C) Nos.25543, 27156 & 27388 of 2023 -: 9 :- process had commenced, unless there are compelling reasons, it is not liable to be interfered with. Both the grounds urged to interdict the process of election are not justifiable or sustainable. 14. Now I proceed to consider the prayer for permission to pay the enhanced share value to enable such persons to participate in the election. Admittedly, the by-law was amended in the year 2019 enhancing the share value from ` 10/- to ` 50/-. Such amendment is not under challenge. The prayer is made when the election process has already commenced. Except for the allegation that there was no sufficient publication of the amendment as required under the Statute, there is no case that they were unaware of the enhancement of the share value. So also, no such grievance is seen voiced in any of the documents produced. In terms of Rule 28 of the Co-operative Societies Rules, a member who has not paid the share value shall not have voting right. The WP(C) Nos.25543, 27156 & 27388 of 2023 -: 10 :- non-inclusion in the voters list, of members who had not paid the enhanced share value is in accordance with law and cannot be faulted. Of course, as held by a division bench of this Court in _**Keecheri Service Co-operative Bank Ltd. & another v. Ramesh. M. 2020 (1) KHC 167**_ , the non payment of the enhanced share value will not affect the membership unless it was cancelled. But, he cannot be a voter. In terms of Rule 35A(4), to be a voter he must be a qualified member 60 days prior to the date fixed for polling. There is no justification in the petitioners having moved when elections are notified to seek for postponement of the election and seek permission for payment of the deficit share value and notify the election to be held on a date 60 days thereafter. The prayer is only to be declined. 15. On the findings as above, the election proceedings is to continue. Since the proceedings were interfered with at the stage of publication of the final WP(C) Nos.25543, 27156 & 27388 of 2023 -: 11 :- voters list, the election proceedings are to be continued from that stage; that being the stage at which it was stopped. _(See_ _**Madhavan Namboothiri v. Kamaran 1992 (2) KLT 567 (DB)** ._ The proceedings for election was postponed/cancelled from the stage of Serial No.6 in Ext.P2. The proceedings are to be commenced/continued from that stage itself. The Managing Committee is to adopt resolution fixing a date for election. 16. Resultantly, :- _**(i)**_ Ext.P6 order of the State Co-operative Election Commission interfering with the election notification dated 26.07.2023 is quashed. _**(ii)**_ The Managing Committee of the Society shall adopt a resolution fixing the date for election and have the same forwarded to the Election Commission through the Joint Registrar. WP(C) Nos.25543, 27156 & 27388 of 2023 -: 12 :- _**(iii)**_ The Election Commission shall cause proceedings for election to be continued from the stage at which it was stopped by interfering with the election notification dated 26.07.2023. It is clarified that further proceedings are to commence from publishing the final voters list as mentioned in Sl. No.6 in the election notification dated 26.07.2023. _**(iv)**_ W.P.(c)Nos.25543/2023 and 27156/2023 are dismissed, and W.P.(c)No.27388/2023 is allowed as above. Sd/- **SATHISH NINAN JUDGE** kns/- //True Copy// P.S. to Judge ## **APPENDIX OF WP(C) 27156/2023** PETITIONER EXHIBITS |EXHIBIT P1|THE TRUE COPY OF IDENTITY CARD ISSUED TO THE| |---|---| ||1ST PETITIONER| |EXHIBIT P1(A)|THE TRUE COPY OF THE IDENTITY CARD OF THE 2ND| ||PETITIONER| |EXHIBIT PI(B)|THE TRUE COPY OF THE IDENTITY CARD OF THE 3RD| ||PETITIONER| |EXHIBIT P1 (C)|THE TRUE COPY OF THE IDENTITY CARD OF THE 4TH| ||PETITIONER| |EXHIBIT P1(D)|THE TRUE COPY OF THE IDENTITY CARD OF THE 5TH| ||PETITIONER| |EXHIBIT P1(E)|THE TRUE COPY OF THE IDENTITY CARD OF THE 6TH| ||PETITIONER| |EXHIBIT P2|THE TRUE COPY OF THE ORDER NO.0/33/19 DATED| ||04.05.2019, THE AMENDED BYE LAW AND THE| ||CERTIFICATE OF REGISTRATION OF AMENDED BYE| ||LAW OBTAINED THROUGH RIGHT TO INFORMATION ACT| |EXHIBIT P3|THE TRUE COPY OF THE ELECTION NOTIFICATION| ||DATED 26.07.2023 PUBLISHED BY THE 1ST| ||RESPONDENT| |EXHIBIT P4|THE TRUE COPY OF THE COMPLAINT DATED| ||07.08.2023 SUBMITTED BY PETITIONERS 1 TO 3| ||ALONG WITH 2 OTHER MEMBERS OF THE 5TH| ||RESPONDENT BANK TO THE BANK SECRETARY| |EXHIBIT P4 (A)|THE TRUE COPY OF THE COVERING LETTER DATED| ||08.08.2023 SUBMITTED BY THE PETITIONER 1 TO 3| ||TO THE 2ND RESPONDENT| |EXHIBIT P5|THE TRUE COPY OF THE COMPLAINT DATED| ||07.08.2023 SUBMITTED BY THE 3 TO 6| ||PETITIONERS HEREIN TO THE 2ND RESPONDENT| |EXHIBIT P6|THE TRUE COPY OF THE COMPLAINT DATED| ||07.08.2023 SUBMITTED BY THE 3 TO 6| ||PETITIONERS HEREIN TO THE 3RD RESPONDENT| ## **APPENDIX - WP(C) 27156/2023 -2-** |EXHIBIT P7|THE TRUE COPY OF THE LETTER DATED 02.08.2023| |---|---| ||SENT BY THE 5TH RESPONDENT SECRETARY TO THE| ||3RD RESPONDENT ASSISTANT REGISTRAR ALONG WITH| ||THE LIST OF 58 MEMBERS TO BE REMOVED FROM THE| ||PRELIMINARY VOTERS LIST AND THE LIST OF 40| ||MEMBERS TO BE INCLUDED IN THE PRELIMINARY| ||VOTERS LIST RECEIVED UNDER RTI ACT 2005| |EXHIBIT P8|THE TRUE COPY OF THE LETTER DATED 08.08.2023| ||SENT BY THE 2ND RESPONDENT ASSISTANT| ||REGISTRAR TO THE 1ST RESPONDENT ELECTION| ||COMMISSION| |EXHIBIT P9|THE TRUE COPY OF THE AMENDED ELECTION| ||NOTIFICATION DATED 09.08.2023 PUBLISHED BY| ||THE 1ST RESPONDENT ELECTION COMMISSION| |EXHIBIT P9 (A)|THE TRUE COPY OF THE LETTER DATED 09.08.2023| ||SUBMITTED BY THE 6TH RESPONDENT TO THE 2ND| ||RESPONDENT| |EXHIBIT P10|THE TRUE COPY OF THE RELEVANT PAGES OF SHARE| ||STATEMENT DURING THE PERIOD FROM 01.04.2022| ||TO 03.07.2023 TO SHOW CERTAIN MEMBER'S SHARE| ||HAS BEEN ENHANCED EVEN AFTER THE TIME PERIOD| ||STIPULATED IN THE EXT.P1 AMENDED BYLAW| |EXHIBIT P11|THE TRUE COPY OF THE NOTIFICATION NO.E (2)| ||4558/2023/SCEC, THIRUVANATHAUPARAM DATED| ||16.08.2023| |RESPONDENT EXHIBITS|| |EXHIBIT-R6(A)|TRUE COPY OF THE JUDGMENT DATED 23.07.2020 IN| ||W.P.(C) NO. 7277 OF 2020 PASSED BY THIS| ||HON'BLE COURT.| |EXHIBIT-R6(B)|TRUE COPY OF THE INTERIM ORDER IN W.P.(C)| ||7906 OF 2023 DATED 07.03.2023 PASSED BY THIS| ||HON'BLE COURT| |EXHIBIT-R6(C)|TRUE COPY OF THE INTERIM ORDER IN W.P.(C)| ||25695 OF 2021 DATED 18.11.2021 PASSED BY THIS| ||HON'BLE COURT.| ## **APPENDIX - WP(C) 27156/2023 -3-** |EXHIBIT-R6(D)|TRUE COPY OF THE ANNUAL GENERAL BODY NOTICE| |---|---| ||PUBLISHED IN A VERNACULAR DAILY NAMELY KERALA| ||KAUMUDI ON 01.12.2018 POINTING OUT THE AGENDA| ||TO AMEND THE BYE LAW OF THE SOCIETY| |EXHIBIT-R6(E)|TRUE COPY OF THE ANNUAL GENERAL BODY NOTICE| ||PUBLISHED IN A VERNACULAR DAILY NAMELY| ||VEEKSHANAM ON 01.12.2018 POINTING OUT THE| ||AGENDA TO AMEND THE BYE LAW OF THE SOCIETY| |EXHIBIT-R6(F)|TRUE COPY OF THE MINUTES OF THE MANAGING| ||COMMITTEE CONVENED ON 21.12.2018.| |EXHIBIT-R6(G)|TRUE COPY OF THE REGISTRATION CERTIFICATE| ||DATED 04.05.2019 ALONG WITH THE AMENDED BYE| ||LAW ISSUED BY THE 2ND RESPONDENT.| |EXHIBIT-R6(H)|TRUE COPY OF THE AMENDED BYE-LAW PUBLISHED IN| ||VEEKSHANAM DAILY ON 07.08.2019| |EXHIBIT-R6(I)|TRUE COPY OF THE AMENDED BYE LAW PUBLISHED IN| ||KERALA KAUMUDI DAILY ON 13.08.2019| |EXHIBIT-R6(J)|TRUE COPY OF THE ANNUAL GENERAL BODY MEETING| ||NOTICE OF 2020-2021 FINANCIAL YEAR| |EXHIBIT-R6(K)|TRUE COPY OF THE ANNUAL GENERAL BODY MEETING| ||NOTICE OF 2021-2022 FINANCIAL YEAR| ||-----| ## **APPENDIX OF WP(C) 27388/2023** PETITIONER EXHIBITS |EXHIBIT -P1|TRUE COPY OF THE JUDGMENT DATED 23.07.2020 IN| |---|---| ||W.P.(C) 7277 OF 2020 PASSED BY THIS HON'BLE| ||COURT| |EXHIBIT-P2|TRUE COPY OF THE ELECTION NOTIFICATION| ||BEARING NO.01/1298/ 2023/E(2) S.C.E.C DATED| ||26.07.2023 ISSUED BY THE 1ST RESPONDENT| ||ELECTION COMMISSION| |EXHIBIT -P3|TRUE COPY OF THE COMMUNICATION NO.ARGKGM/| ||243/2023-U1(2) DATED 08.08.2023 ISSUED BY THE| ||ASSISTANT REGISTRAR OF CO-OPERATIVE| ||SOCIETIES, KOTHAMANGALAM, WITH ENCLOSURES,| |EXHIBIT-P4|TRUE COPY OF THE NOTIFICATION BEARING NO.| ||E(2)4558/ 2023/S.C.E.C DATED 09.08.2023| ||ISSUED BY THE 1ST RESPONDENT ELECTION| ||COMMISSION| |EXHIBIT-P5|TRUE COPY OF THE COMPLAINT DATED NIL| ||SUBMITTED BY THE MEMBERS OF THE SOCIETY ALONG| ||WITH RELEVANT PAGES OF THE LIST OF VOTERS| |EXHIBIT-P6|TRUE COPY OF THE ORDER BEARING NO.| ||E(2)4558/2023/S.C.E.C DATED 16.08.2023 ISSUED| ||BY THE 1ST RESPONDENT ELECTION COMMISSION.| ||-----| ## **APPENDIX OF WP(C) 25543/2023** PETITIONER EXHIBITS |EXHIBIT P1|TRUE COPY OF IDENTITY CARD ISSUED TO THE 1ST| |---|---| ||PETITIONER| |EXHIBIT P2|TRUE COPY OF IDENTITY CARD ISSUED TO THE 2ND| ||PETITIONER| |EXHIBIT P3|TRUE COPY OF IDENTITY CARD ISSUED TO THE 3RD| ||PETITIONER| |EXHIBIT P4|TRUE COPY OF IDENTITY CARD ISSUED TO THE 4TH| ||PETITIONER| |EXHIBIT P5|TRUE COPY OF THE RESOLUTION PASSED BY THE| ||MANAGING COMMITTEE DATED 03.07.2023 RECEIVED| ||BY THE 2ND PETITIONER UNDER RTI ACT 2005| |EXHIBIT P6|TRUE COPY OF THE UNDATED LETTER SENT BY THE| ||5TH RESPONDENT SECRETARY TO THE 3RD| ||RESPONDENT ASSISTANT REGISTRAR RECEIVED BY| ||THE 2ND PETITIONER UNDER RTI ACT 2005,| |EXHIBIT P7|TRUE COPY OF THE RTI REPLY DATED 19.07.2023| ||RECEIVED BY THE 2ND PETITIONER UNDER RTI ACT| ||2005 FROM THE OFFICE OF THE 3RD RESPONDENT| ||ASSISTANT REGISTRAR| |EXHIBIT P7(A)|TRUE COPY OF THE LETTER DATED 24.07.2023 BY| ||THE 3RD RESPONDENT ASSISTANT REGISTRAR TO THE| ||1ST RESPONDENT ELECTION COMMISSION RECEIVED| ||BY THE PETITIONER UNDER RTI ACT| |EXHIBIT P7(B)|TRUE COPY OF THE CIRCULAR NO.4/2013 DATED| ||27.06.2013 ISSUED BY THE 1ST RESPONDENT| ||ELECTION COMMISSION| |EXHIBIT P8|TRUE COPY OF THE ELECTION NOTIFICATION DATED| ||26.07.2023 PUBLISHED BY THE 1ST RESPONDENT| |EXHIBIT P9|TRUE COPY OF THE INQUIRY REPORT DATED| ||02.02.2022 SUBMITTED BY THE 5TH RESPONDENT| ## **APPENDIX - WP(C) 25543/2023 -2-** |EXHIBIT 10|TRUE COPY OF THE INQUIRY REPORT DATED| |---|---| ||19.09.2022 RECEIVED UNDER RTI ACT, SUBMITTED| ||BY THE 5TH RESPONDENT| |EXHIBIT P11|TRUE COPY OF INTERIM ORDER DATED 03.08.2022| ||IN WP (C) 24802 OF 2022| |EXHIBIT P12|TRUE COPY OF THE REPRESENTATION DATED| ||22.07.2023 SUBMITTED BY THE 1ST PETITIONER TO| ||2ND RESPONDENT JOINT REGISTRAR| |EXHIBIT P13|TRUE COPY OF THE REQUEST LETTER DATED| ||22.07.2023 SUBMITTED BY THE 2ND PETITIONER| |EXHIBIT P14|TRUE COPY OF THE LETTER DATED 10.07.2023 BY| ||THE 2ND PETITIONER TO THE 1ST RESPONDENT| ||ELECTION COMMISSION| |EXHIBIT P15|TRUE COPY OF THE REQUEST LETTER DATED| ||27.07.2023 SUBMITTED BY THE 2ND PETITIONER TO| ||THE 1ST RESPONDENT| |EXHIBIT P16|TRUE COPY OF THE NOTIFICATION NO.E (2)| ||4558/2023/SCEC, THIRUVANATHAUPARAM DATED| ||16.08.2023| |RESPONDENT EXHIBITS|| |EXHIBIT-R7(A)|TRUE COPY OF THE JUDGMENT DATED 23.07.2020 IN| ||W.P.(C) NO. 7277 OF 2020 PASSED BY THIS| ||HON'BLE COURT.| |EXHIBIT-R7(B)|TRUE COPY OF THE INTERIM ORDER IN W.P.(C)| ||7906 OF 2023 DATED 07.03.2023 PASSED BY THIS| ||HON'BLE COURT| |EXHIBIT-R7(C)|TRUE COPY OF THE INTERIM ORDER IN W.P.(C)| ||25695 OF 2021 DATED 18.11.2021 PASSED BY THIS| ||HON'BLE COURT| ## **APPENDIX - WP(C) 25543/2023 -3-** |EXHIBIT-R7(D)|TRUE COPY OF THE ANNUAL GENERAL BODY NOTICE| |---|---| ||PUBLISHED IN A VERNACULAR DAILY NAMELY KERALA| ||KAUMUDI ON 01.12.2018 POINTING OUT THE AGENDA| ||TO AMEND THE BYE LAW OF THE SOCIETY.| |EXHIBIT-R7(E)|TRUE COPY OF THE ANNUAL GENERAL BODY NOTICE| ||PUBLISHED IN A VERNACULAR DAILY NAMELY| ||VEEKSHANAM ON 01.12.2018 POINTING OUT THE| ||AGENDA TO AMEND THE BYE LAW OF THE SOCIETY| |EXHIBIT-R7(K)|TRUE COPY OF THE ANNUAL GENERAL BODY MEETING| ||NOTICE OF 2021-2022 FINANCIAL YEAR| |EXHIBIT-R7(J)|TRUE COPY OF THE ANNUAL GENERAL BODY MEETING| ||NOTICE OF 2020-2021 FINANCIAL YEAR| |EXHIBIT-R7(G)|TRUE COPY OF THE REGISTRATION CERTIFICATE| ||DATED 04.05.2019 ALONG WITH THE AMENDED BYE| ||LAW ISSUED BY THE 2ND RESPONDENT| |EXHIBIT-R7(F)|TRUE COPY OF THE MINUTES OF THE MANAGING| ||COMMITTEE CONVENED ON 21.12.2018| |EXHIBIT-R7(I)|TRUE COPY OF THE AMENDED BYE LAW PUBLISHED IN| ||KERALA KAUMUDI DAILY ON 13.08.2019| |EXHIBIT-R7(H)|TRUE COPY OF THE AMENDED BYE-LAW PUBLISHED IN| ||VEEKSHANAM DAILY ON 07.08.2019| |PETITIONER EXHIBITS|| |EXHIBIT P11|THE TRUE COPY OF THE LETTER DATED 02.03.2023| ||SENT BY THE 5TH RESPONDENT SECRETARY TO THE| ||3RD RESPONDENT| |EXHIBIT P12|THE TRUE COPY THE RELEVANT PAGES OF SHARE| ||STATEMENT DURING THE PERIOD 01.04.2023 TO| ||03.07.2023| ------