WP(C).Nos.4796, 37440, 37593 of 2018 (Chaliyam Vanitha Co-operative Society Ltd.)

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN** **TUESDAY, THE 25TH DAY OF JUNE 2019 / 4TH ASHADHA, 1941** ## **WP(C).No.4796 of 2018** ## **PETITIONER/S:** **1 RUBEENA M.C. AGED 39, D/O.MCM HANEEFA HAJI, KUTHEDATH HOUSE,CHALIYAM POST, KOZHIKODE-673301,(PRESIDENT OF CHALIYAM VANITHA CO-OPERATIVE SOCIETY LTD.).** - **2 SHAKUNTHALA K. W/O.KRISHNAN, KAKKAT HOUSE, CHALIYAM POST,KOZHIKODE-673301, (MEMBER, ADMINISTRATIVE COMMITTEE OF CHALIYAMVANITHA COOPERATIVE SOCIETY LTD.).** - **3 USHA C.P. AGED 55, W/O.AYYAPPAN, CHERIYAMPARAMBIL HOUSE, CHALIYAM POST, KOZHIKODE-673301,(MEMBER, ADMINISTRATIVE COMMITTEE OF CHALIYAMVANITHA CO-OPERATIVE SOCIETY LTD.).** - **4 SUHARA K. AGED 54, W/O.ALI, KUPPAKAD HOUSE, CHALIYAM POST, KOZHIKODE673301,(MEMBER, ADMINISTRATIVE COMMITTEE OF CHALIYAMVANITHA COOPERATIVE SOCIETY LTD.).** - **5 HASEENA T. AGED 49, W/O.HAMSAKOYA, KUNJAVANTAJATH, CHALIYAM POST, KOZHIKODE-673301,(HONOURARY SECRETARY AND MEMBER, ADMINISTRATIVE COMMITTEE OF CHALIYAMVANITHA CO-OPERATIVE SOCIETY LTD.).** **6 BEENA K. AGED 47, W/O.AYYAPPAN, KONNAMKUZHI, CHALIYAM POST, KOZHIKODE673301,(MEMBER, ADMINISTRATIVE COMMITTEE OF CHALIYAMVANITHA COOPERATIVE SOCIETY LTD.).** **7 SARASWATHI K. AGED 48, W/O.SHIVADASAN, KILIYANKANI, CHALIYAM POST, KOZHIKODE673301,(MEMBER, ADMINISTRATIVE COMMITTEE OF CHALIYAMVANITHA COOPERATIVE SOCIETY LTD.).** **8 RUKHIYA K.V. AGED 48, W/O.ABDUL KHADER K.V., ANJUDIKKAL HOUSE, CHALIYAM POST, KOZHIKODE-673301,(MEMBER, ADMINISTRATIVE COMMITTEE OF CHALIYAMVANITHA CO-OPERATIVE SOCIETY LTD.).** **BY ADVS. SRI.P.C.SASIDHARAN SMT.M.SHAJNA SMT.UMMUL FIDA SRI.E.C.AHAMED FAZIL SRI.K.M.FIROZ** **WP(C).Nos.4796, 37440, 37593 of 2018** **2** ## **RESPONDENT/S:** |**1**|**THE REGISTRAR OF CO-OPERATIVE SOCIETIES**| |---|---| ||**OFFICE OF THE REGISTRAR OF CO-OPERATIVE SOCIETIES, NEAR PRESS**| ||**CLUB, THIRUVANANTHAPURAM-695101.**| |**2**|**THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES GENERAL**| ||**KOZHIKODE, SAHAKARANA BHAVAN, PUTHIYARA, KOZHIKODE-673004.**| |**3**|**THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES GENERAL**| ||**KOZHIKODE, SAHAKARANA BHAVAN, PUTHIYARA,KOZHIKODE-673004.**| |**4**|**UNIT INSPECTOR FEROKE UNIT**| ||**OFFICE OF THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES**| ||**(GENERAL),KOZHIKODE, SAHAKARANA BHAVAN, PUTHIYARA,KOZHIKODE-**| ||**673004.**| |**5**|**CHALIYAM VANITHA CO-OPERATIVE SOCIETY LTD.**| ||**CHALIYAM POST, KOZHIKODE-673301,REPRESENTED BY ITS SECRETARY**| ||**IN CHARGE.**| |**6**|**SARIJA C.**| ||**D/O.DEVADASAN, CHERUKAD HOUSE, KEEZHKODE, MANNUR POST,**| ||**KOZHIKODE-673328.**| |**7**|**THE STATE OF KERALA**| ||**REPRESENTED BY ITS SECRETARY, DEPARTMENT OF CO-OPERATION,**| ||**THIRUVANANTHAPURAM-695101.**| |**8**|**THE STATION HOUSE OFFICER**| ||**BEYPORE POLICE STATION, BEYPORE, KOZHIKODE DISTRICT.**| |**9**|**ASWATHI**| ||**AGED 27 YEARS**| ||**D/O SATHYAN, RESIDING AT ALAMBADU HOUSE, MURUKALLINGAL,**| ||**CHALIYAM, KOZHIKODE-673301.**| |**10**|**MINU MOHAN.P**| ||**AGED 25 YEARS**| ||**D/O MOHANA SUDHARAN, RESIDING AT PINPURATH HOUSE, ONNAMPALAM,**| ||**KADALUNDI, KOZHIKODE-673302.**| |**11**|**NAFEESA**| ||**AGED 49 YEARS**| ||**D/O MAMMAD KOYA.P, RESIDING AT PUTHAN KALATHIL CHEMBRATHARA**| ||**HOUSE, MURUKALLINGAL, CHALIYAM, KOZHIKODE-673301.**| |**12**|**RAJANI C.P**| ||**AGED 49 YEARS**| ||**D/O KUTTAN, RESIDING AT CHEMBRATHARA HOUSE, MURUKALLINGAL,**| ||**CHALIYAM, KOZHIKODE-673301.**| **WP(C).Nos.4796, 37440, 37593 of 2018** **3** **13 SUCHITHA M.K AGED 38 YEARS D/O GOPALAKRISHNAN, "SREEVATHSAM", VATTAPARMBA, CHALIYAM, KOZHIKODE-673301. 14 LINCY C AGED 32 YEARS D/O BABU, RESIDING AT PILAKKAT HOUSE, MANNUR, KOZHIKODE673328. 15 KERALA STATE CO-OPERATIVE ELECTION COMMISSION OFFICE OF THE KERALA STATE CO-OPERATIVE ELECTION COMMISSION, 3RD FLOOR, C0-BANK TOWERS, VIKAS BHAVAN P.O., THIRUVANANTHAPURAM-695003, REPRESENTED BY ITS SECRETARY BY ADVS. GOVERNMENT PLEADER SRI.JACOB E SIMON SRI.K.K.JAYARAJ NAMBIAR** **THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25.06.2019, ALONG WITH WP(C).37440/2018, WP(C).37593/2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** **WP(C).Nos.4796, 37440, 37593 of 2018** **4** ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN** **TUESDAY, THE 25TH DAY OF JUNE 2019 / 4TH ASHADHA, 1941** ## **WP(C).No.37440 of 2018** ## **PETITIONER/S:** **C.P.VALSALA, AGED 48 YEARS M.NO.5, ALAMBAD HOUSE, MURUKALLINGAL, CHALIYAM P.O., KOZHIKODE - 673 301.** **BY ADV. SRI.P.P.JACOB** ## **RESPONDENT/S:** |**1**|**THE STATE CO-OPERATIVE ELECTION COMMISSION,**| |---|---| ||**THIRUVANANTHAPURAM, 3RD FLOOR, CO-BANK TOWERS, PALAYAM, VIKAS**| ||**BHAVAN P.O., THIRUVANANTHAPURAM - 695 033, REPRESENTED BY ITS**| ||**SECRETARY.**| |**2**|**THE ELECTORAL OFFICER,**| ||**CHALIYAM VANITHA CO-OPEARATIVE SOCIETIES LTD NO. D 3149**| ||**VATTAPARAMBU P.O, CHALIYAM, KOZHIKODE, ASSISTANT REGISTRAR OF**| ||**CO-OPERATIVE SOCIETIES(G)**| ||**KOZHIKODE, OFFICE OF THE ASSISTANT REGISTRAR OF CO-OPERATIVE**| ||**SOCIETIES (G), KOZHIKODE 673 602.**| |**3**|**THE RETURNING OFFICER,**| ||**CHALIYAM VANITHA CO-OPERATIVE SOCIETIES LTD NO. D 3149,**| ||**VATTAPARAMBU P.O, CHALIAM, KOZHIKODE/ UNIT INSPECTOR, MAVOOR**| ||**UNIT, OFFICE OF THE ASSISTANT REGISTRAR OF CO-OPERATIVE**| ||**SOCIETIES (G), KOZHIKODE 673 602.**| |**4**|**THE CHALIYAM VANITHA CO-OPERATIVE SOCIETIES LTD NO. D 3149,**| ||**VATTAPARAMBU P.O, CHALIYAM, KOZHIKODE 673 301**| ||**REPRESENTED BY ITS SECRETARY.**| |**5**|**THE PART TIME ADMINISTRATOR,**| ||**CHALIYAM VANITHA CO-OPERATIVE SOCIETIES LTD NO. D 3149,**| ||**VATTAPARAMBU P.O, CHALIYAM, KOZHIKODE 673 301.**| ||**BY ADV. SRI.K.K.JAYARAJ NAMBIAR**| ## **OTHER PRESENT:** ## **SMT.C.S.SHEEJA, SR.GP** **THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25.06.2019, ALONG WITH WP(C).4796/2018, WP(C).37593/2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** **WP(C).Nos.4796, 37440, 37593 of 2018** **5** ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN** **TUESDAY, THE 25TH DAY OF JUNE 2019 / 4TH ASHADHA, 1941** ## **WP(C).No.37593 of 2018** ## **PETITIONER/S:** |**1**|**VALSALA C.P.**| |---|---| ||**AGED 48 YEARS**| ||**M. NO.5, ALAMBAD HOUSE, MARUKALLINGAL, CHALIYAM PO, KOZHIKODE**| ||**673 301**| |**2**|**SARASWATHY K**| ||**M.NO.7, KILIYANKANDI HOUSE, MURUKALINGAL, CHALIYAM P.O.,**| ||**KOZHIKODE-673 301.**| |**3**|**USHA**| ||**M.NO.12, NALLAT HOUSE, MURUKALLINGAL,CHALIYAM P.O., KOZHIKODE-**| ||**673 301.**| |**4**|**BEENA K.**| ||**M.NO.13, KONNANKUZHY, MURUKALLINGAL, CHALIYAM P.O., KOZHIKODE-**| ||**673 301.**| ||**BY ADV. SRI.P.P.JACOB**| ## **RESPONDENT/S:** |**1**|**THE STATE CO-OPERATIVE ELECTION COMMISSION**| |---|---| ||**THIRUVANANTHAPURAM, 3RD FLOOR, CO-BANK TOWERS, PALAYAM, VIKAS**| ||**BHAVAN PO, THIRUVANANTHAPURAM 695 033, REPRESENTED BY ITS**| ||**SECRETARY**| |**2**|**THE ELECTORAL OFFICER**| ||**CHALIYAM VANITHA CO-OPERATIVE SOCIETIES LTD.NO.D 3149,**| ||**VATTAPARAMBU P.O., CHALIYAM, KOZHIKODE, ASSISTANT REGISTRAR OF**| ||**C-OPERATIVE SOCIETIES (G), KOZHIKODE, OFFICE OF THE ASSISTANT**| ||**REGISTRAR OF CO-OPERATIVE SOCIETIES (G), KOZHIKODE-673 602.**| |**3**|**THE RETURNING OFFICER**| ||**CHALIYAM VANITHA CO-OPERATIVE SOCIETIES LTD.NO.D 3149,**| ||**VATTAPARAMBU P.O., CHALIAM, KOZHIKODE/UNIT INSPECTOR, MAVOOR**| ||**UNIT, OFFICE OF THE ASSISTANT REGISTRAR OF CO-OPERATIVE**| ||**SOCIETIES (G), KOZHIKODE-673 602.**| **WP(C).Nos.4796, 37440, 37593 of 2018** **6** - **4 THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (G), KOZHIKODE OFFICE OF THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (G), PUTHIYARA, KOZHIKODE-673 004.** - **5 THE CHALIYAM VANITHA CO-OPERATIVE SOCIETIES LTD.NO.D 3149 VATTAPARAMBU P.O., CHALIYAM, KOZHIKODE-673 301, REPRESENTED BY ITS SECRETARY** - **6 THE PART TIME ADMINISTRATOR CHALIYAM VANITHA CO-OPERATIVE SOCIETIES LTD.NO.D 3149, VATTAPARAMBU P.O., CHALIYAM, KOZHIKODE-673 301.** - **7 SARIJA C D/O DEVADASAN, CHERUKAD HOUSE, KEEZHKODE, MANNUR P.O., KADULUNDI, KOZHIKODE-673 328.** **BY ADV. SRI.K.K.JAYARAJ NAMBIAR** **THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25.06.2019, ALONG WITH WP(C).4796/2018, WP(C).37440/2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** **WP(C).Nos.4796, 37440, 37593 of 2018** **7** ## **J U D G M E N T** These matters are being considered together, since they relate to the Managing Committee of the Chaliyam Vanitha Cooperative Society Ltd., (hereinafter referred to as the 'Society' for short), which is a Co-operative Society registered under the provisions of the Kerala Co-operative Societies Act and Rules (hereinafter referred to as 'KCS Act and Rules' for short). 2. While W.P.(C)No.4796 of 2018 have been filed by the members of the Managing Committee of the Society, challenging Ext.P9 order of the Joint Registrar of Co-operative Societies, alleging that they have resigned from the membership of the Managing Committee and consequently appointing an Administrative Committee; W.P.(C)No.37593/2018 and W.P. (C)No.37440/2018 have been filed by the members on issues relating to elections that were subsequently notified to elect a new Managing Committee pursuant to Ext.P9 in W.P. (C)No.4796/2018 as afore mentioned. 3. Since the primary issues in these cases revolve around the resignation or otherwise of the petitioners in W.P. (C)No.4796/2018 and since the decision of this Court on this one **WP(C).Nos.4796, 37440, 37593 of 2018** **8** way or the other, would then impact the reliefs sought for in other two cases, I deem it appropriate to consider W.P. (C)No.4796/2018 first and then deal with the reliefs in other two writ petitions subsequently. 4. I have heard Sri.P.C.Sasidharan, the learned counsel for the petitioners in W.P.(C)No.4796/2018; Sri.P.P.Jacob, the learned counsel for the petitioners in W.P.(C)No.37593/2018 and W.P.(C)No.37440/2018; Sri.K.K.Jayaraj Nambiar, the learned counsel appearing for the Secretary of the Society and Smt.C.S.Sheeja, the learned Senior Government Pleader appearing for the official respondents. 5. As I have indicated above, the genesis of the controversies in these cases is in the fact that Ext.P9 order in W.P.(C)No.4796/2018 was issued by the Joint Registrar (General), Kozhikode, stating that the petitioners in this writ petition have resigned from the membership of the Managing Committee and therefore, that an Administrative Committee has to be constituted under Section 33 of the KCS Act. 6. Sri.P.C.Sasidharan, the learned counsel for the petitioners vehemently asserts that neither have his clients resigned from the membership of the Managing Committee of **WP(C).Nos.4796, 37440, 37593 of 2018** **9** the Society nor has the Managing Committee accept such resignations, requiring any further consequences under Section 33 of the KCS Act. He contends, pointing out to the various letters that are available on record, that the signatures of his clients are completely different from their original ones and that they have been affixed by other persons; adding that his clients' suspicion is towards the Secretary of the Society, asserting that this amounts to forgery and counterfeiting, for which, Criminal cases have also been registered. 7. In its crux, the submissions of Sri.P.C.Sasidharan is that his clients have not resigned from the membership of the Managing Committee of the Society and therefore, that Ext.P9 is illegal in law. 8. In answer to the afore submissions of Sri.P.C.Sasidharan, Sri.Jayaraj Nambiar, the learned counsel appearing for the Secretary of the Society, submits that the allegations made against his client are extremely uncharitable since, she has done nothing more than to accept the resignations given to her by the petitioners, the President of the Society having already resigned, and to forward the same to the competent Assistant Registrar, because she was under the **WP(C).Nos.4796, 37440, 37593 of 2018** **10** legitimate impression that on account of these resignations, the Managing Committee has lost its quorum and therefore, cannot function any further. 9. Sri.Jayaraj Nambiar, points out that the number of members in the Managing Committee of the Society is 11 as per the bye-laws, out of which, 8 members, including the petitioners resigned, thus creating a stalemate in its administration; and therefore, that his client had no other option but to forward these resignations to the Assistant Registrar. He therefore, prays that these writ petitions be dismissed without issuing any further orders against his client. 10. The learned Senior Government Pleader Smt.C.S.Sheeja, submits that the Joint Registrar of Co-operative Societies has only acted in terms of the mandate of the KCS Act and Rules, since he received a letter from the Assistant Registrar of Co-operative Societies on 08.02.2018, wherein, it was clearly stated that the Managing Committee of the Society has become incapable of functioning, since 8 out of 11 members have resigned. She says that this letter of the Assistant Registrar is referred to as item No.1 in Ext.P9 and that the Joint Registrar has no other go but to issue the said order. She says that a copy **WP(C).Nos.4796, 37440, 37593 of 2018** **11** of the letter of the Assistant Registrar has been placed on record, along with a memo dated 19.06.2019 and that this Court therefore, issue no orders against the said Authority and allow the consequences as per Ext.P9 to continue. 11. Even when I hear the learned Senior Government Pleader and Sri.Jayaraj Nambiar, as afore, the fact remains that the manner and acceptance of resignation of the members of the Managing Committee is specifically prescribed by the KCS Act and Rules. Rule 38 of the KCS Rules, provide clearly that the members of a Managing Committee shall make their resignations to the President of the Committee, who shall then, within a period of seven days, place it before the Committee for its acceptance and that once it is accepted, the resignation will relate back to the date on which it was made. In fact these issues have been dealt with by this Court in several cases earlier, two of them being in **W.P.(C)No.40146/2018 dated 08.04.2019 [V.C.John v. The Deputy Director of Diary Development] and Nataraj Gownder v. Registrar [2008 (2) KLT 335].** Therefore, the resignation of a member of a Committee will certainly have to be made to the President and the President will then have to place it before the Committee, **WP(C).Nos.4796, 37440, 37593 of 2018** **12** which will then take a decision as to whether such resignation has to be accepted or otherwise. In any event of the matter, either in the case of its acceptance or otherwise, the decision will require to be communicated to the member concerned, but as long as the members do not resile from having made such resignations, the Committee will be bound to accept the same. 12. Consequently, the pertinent question in these cases is whether, there has been a valid resignation by the petitioners in W.P.(C)No.4796/2018 or otherwise. Unfortunately, an enquiry on this line has never been conducted by any Authority and very strangely, the Assistant Registrar of Co-operative Societies, even without any such enquiry being conducted, accepted the version of the Secretary of the Society in toto and then proceeded to write a letter to the Joint Registrar of Co-operative Societies, who in turn accepted it, again without any enquiry, and issued Ext.P9 order. It is obvious and ineluctable that this procedure adopted by all these Authorities are without forensic support, particularly when the provisions of the KCS Act and Rules are very clear as to the manner in which the acceptance of the resignation of the members of the Managing Committee are stipulated. **WP(C).Nos.4796, 37440, 37593 of 2018** **13** 13. When I say this, of course, I am not oblivious to the submissions of Sri.Jayaraj Nambiar, that the Secretary has accepted the resignation from the petitioners because the President has also resigned from the Committee. I am afraid that I cannot accept this without a pinch of salt because, as is clear from the Minutes of the alleged meeting of the Managing Committee, copy of which has been produced on record as Ext.P1, 9 members are found present in the said meeting and therefore, it is ineffable that members who had resigned should sign the Minutes, accepting their own resignations and then authorize the Secretary to inform the Assistant Registrar. 14. In any of the event of the matter, the Secretary does not have a case that she was authorized by the Committee to inform the Assistant Registrar and in fact, Sri.Jararaj Nambiar, informs me that the Secretary did so on her own because she found that there is a stalemate in the Management. I say nothing further on these issues, lest it causes consequences to the Secretary. 15. The obvious upshot of the afore discussion is that Ext.P9 order of the Assistant Registrar in W.P.(C)No.4796/2018 cannot find legal force as long as the resignation of the **WP(C).Nos.4796, 37440, 37593 of 2018** **14** petitioners are proved beyond reasonable doubt. Consequently, as regards Section 33 of the KCS Act is concerned, its provisions could have been applied by the Joint Registrar of Co-operative Societies only had he been convinced that the resignations of the members were validly made. This not having been done, the Joint Registrar of Co-operative Societies, certainly jumped the gun and issued an order Section 33 of the KCS Act merely being informed by the Assistant Registrar that some members of the Committee have resigned, without any cogent evidence to that effect. I, therefore, cannot find favour with the Joint Registrar in having done so, since a responsible Officer like him ought to have made at least a preliminary enquiry into the truth of the allegations and only thereafter, could have embarked upon a procedure under Section 33 of the KCS Act. 16. Resultantly, I have no other option but to allow W.P. (C)No.4796/2018 and to set aside Ext.P9 order; and axiomatically, the Managing Committee of the Society will stand restored immediately and the Part Time Administrator, now in charge of the Society, will hand over charge of the affairs of the Society to the said Committee as early as is possible, but not later than one week from the date of receipt of a copy of this **WP(C).Nos.4796, 37440, 37593 of 2018** **15** ## judgment. Since I have allowed W.P.(C)No.4796/2018 on the afore lines, it is obvious that no further orders are required in W.P. (C)No.37593/2018 and W.P.(C)No.37440/2018; since these writ petitions relate to the elections to fresh Managing Committee of the Society. These writ petitions are therefore, closed without any further orders, holding it to have become infructuous, on account of my views and directions in W.P.(C)No.4796/2018. **Sd/-** ## **DEVAN RAMACHANDRAN** rp **JUDGE** **WP(C).Nos.4796, 37440, 37593 of 2018** **16** ## **APPENDIX OF WP(C) 4796/2018** ## **PETITIONER'S/S EXHIBITS:** **EXHIBIT P1 TRUE EXTRACT OF MINUTE BOOK EXTRACT FOR THE PERIOD FROM 13.12.2017 TO 1.2.2018, PAGES 1 TO 13.** **EXHIBIT P2 TRUE COPY OF MINUTES DATED 09.02.2018 OF FIFTH RESPONDENT, PAGES 14 TO 15.** **EXHIBIT P3 TRUE COPY OF COMPLAINT/REQUEST DATED PREFERRED BY FIRST PETITIONER BEFORE SUB INSPECTOR OF POLICE, BEYPORE DATED 09.02.2018.** **EXHIBIT P4 TRUE COPY OF COMPLAINT PREFERRED BY FIRST PETITIONER BEFORE SUB INSPECTOR OF POLICE, BEYPORE DATED 09.02.2018.** **EXHIBIT P5 TRUE COPY OF THE SHOW CAUSE NOTICE ISSUED BY FIRST PETITIONER TO 6TH RESPONDENT DATED 09.02.2018.** **EXHIBIT P6 TRUE COPY OF REPRESENTATION DATED 09.02.2018 PREFERRED BY PETITIONERS TO THIRD RESPONDENT. EXHIBIT P7 TRUE COPY OF REPRESENTATION DATED 09.02.2018 PREFERRED BY FIRST PETITIONER TO SECOND RESPONDENT. EXHIBIT P8 TRUE COPY OF COPY APPLICATION DATED 09.02.2018 PREFERRED BY FIRST PETITIONER TO THIRD RESPONDENT.** **EXHIBIT P9 TRUE COPY OF ORDER NO. SST/917/K DS DATED 09.02.2018 PASSED BY SECOND RESPONDENT. EXHIBIT P10 A TRUE COPY OF THE NOTIFICATION NO.E(2)8198/2018/SCEC DATED 25.10.2018 ISSUED BY THE KERALA STATE CO-OPERATIVE ELECTION COMMISSION, OFFICE OF THE KERALA STATE COOPERATIVE ELECTION COMMISSION.** **WP(C).Nos.4796, 37440, 37593 of 2018** **17** ## **APPENDIX OF WP(C) 37440/2018** **PETITIONER'S/S EXHIBITS:** **EXHIBIT P1 TRUE PHOTOCOPY OF THE ELECTION NOTIFICATION PUBLISHED BY THE FIRST RESPONDENT DATED 25-10-2018** **EXHIBIT P2 TRUE PHOTOCOPY OF THE NOTICE ISSUED BY THE FOURTH RESPONDENT DATED NIL** **EXHIBIT P3 TRUE PHOTOCOPY OF THE PRELIMINARY VOTERES LIST ON 12-11-2018 PUBLISHED BY THE SECOND RESPONDENT** **EXHIBIT P4 TRUE PHOTOCOPY OF THE OBJECTION SUBMITTED BY THE PETITIONER BEFORE THE SECOND RESPONDENT DATED 1511-2018** **EXHIBIT P5 TRUE PHOTOCOPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER DATED 15-11-2018 BEFORE THE FIRST RESPONDENT** **WP(C).Nos.4796, 37440, 37593 of 2018** **18** ## **APPENDIX OF WP(C) 37593/2018** ## **PETITIONER'S/S EXHIBITS:** **EXHIBIT P1 TRUE PHOTOCOPY OF THE MINUTE OF THE MEETING OF THE COMMITTEE OF THE FIFTH RESPONDENT DATED 9.1.2018. EXHIBIT P2 TRUE PHOTOCOPY OF THE NOTIFICATION PUBLISHED IN CHANDRIKA DAILY DATED 13.2.2018. EXHIBIT P3 TRUE PHOTOCOPY OF THE COMPLAINT FILED BEFORE THE J.F.C.M COURT, KOZHIKODE DATED 7.3.2018. EXHIBIT P4 TRUE PHOTOCOPY OF THE INTERIM ORDER IN WPC NO.4796/2018 DATED 12.2.2018. EXHIBIT P5 TRUE PHOTOCOPYOF THE REPORT ISSUED BY THE FIFTH RESPONDENT DATED 1.2.2018 REGARDING MEMBERSHIP. EXHIBIT P6 TRUE PHOTOCOPY OF THE ELECTION NOTIFICATION PUBLISHED BY THE FIRST RESPONDENT DATED 25.10.2018. EXHIBIT P7 TRUE PHOTOCOPY OF THE MANIPULATED MINUTED OF THEMEETING CREATED BY THE 7TH RESPONDENT 1.2.2018. EXHIBIT P8 TRUE PHOTOCOPY OF THE PRELIMINARY VOTERS LIST ON 12.11.2018 PUBLISHED BY THE SECOND RESPONDENT. EXHIBIT P9 TRUE PHOTOCOPY OF THE OBJECTION SUBMITTED BY THE PETITIONER BEFORE THE SECOND RESPONDENT DATED 15.11.18. EXHIBIT P10 TRUE PHOTOCOPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER DATED 15.11.2018 BEFORE THE FIRST RESPONDENT.**