High Court of KeralaSingle Judge2024-07-03Disposed of without granting relief; liberty to...

Writ Petitions (Civil) Nos. 18942 of 2024, 23870 of 2024, 22575 of 2024

Case / Petition Number:WP(C) No. 18942 of 2024 (and connected cases)

Case Details & Bench

Court: High Court of Kerala
Hon'ble Judges: Devan Ramachandran
Judgment Date: 2024-07-03
Court Decision / Holding: Writ petitions disposed of without granting the relief sought. The court held that intervention is limited once elections commence, and EC's statutory role governs voters lists and venue. The petitions are closed, but petitioners are given liberty to approach the Election Commission with pending applications, which EC will consider in accordance with due process within the statutory framework.
Final Disposition: Disposed of without granting relief; liberty to approach EC; issues governed by EC under KCS Act; no further orders except allowing EC to act on pending applications.

Parties to the Case

Appellants / Petitioners

Baiju O.K.
K.M. Aboobacker
Abdul Sherif. V
Najeebndheen A
Junaid Pandikasala
Lenin Rahath

Respondents

Mukkom Service Co-operative Bank Ltd
Administrative Committee Mukkom, Service Co-operative Bank Ltd
Joint Registrar of Co-operative Societies (G), Kozhikode
Secretary to Government Co-operation (C) Department, Secretariat, Thiruvananthapuram
Assistant Registrar of Co-operative Societies (G), Kozhikode
State Co-operative Election Commission, Thiruvananthapuram

Legal Representation & Advocates

Counsels for Petitioners

• P.P. Jacob
• Mariam Jacob

Counsels for Respondents

• Jaiby Paul
• Anita Glenda Philip

Case Synopsis & Summary

These three writ petitions filed in the High Court of Kerala at Ernakulam concern the elections to the Managing Committee of the Mukkom Service Co-operative Bank Ltd. The petitions assortedly challenge membership and voters-list issues and the proposed election venue. WP( C) 18942/2024 seeks removal of certain names from the respondent Society’s membership list granted after Ext.P11; WP(C) 23870/2024 alleges a large number of ineligible persons have been included in the voters list; WP(C) 22575/2024 seeks alteration of the proposed election venue for lack of proper facilities. The State Co-operative Election Commission (EC) and the Administrative Committee submit that elections have been notified and final voter lists are not yet published, rendering some challenges premature, and that venue arrangements are to be kept under EC scrutiny. The petitioners urge corrective action to preserve electoral fairness, arguing that flawed lists and venues could vitiate the process. The court, citing the Supreme Court decision Shri Sant Sadguru v. State of Maharashtra and others, notes that once elections are underway, the High Court’s capacity for interference is limited and that the EC, under the Kerala Co-operative Societies Act, controls electoral rolls and infrastructure. Consequently, the petitions are disposed of without the requested relief, but the petitioners may approach the EC for any pending applications, to be considered in due course within the statutory framework, with liberty to proceed as allowed by law.

Provisions of Law Cited

Kerala Co-operative Societies Act (KCS Act)Byelaws of the Society

Submissions & Arguments

Contentions of Appellants / Petitioners

The petitioners challenge the integrity of the voters list (WP23870/24) on the ground that a large number of ineligible voters have been included and seek removal of the post-ext P11 membership entries from the voters list (WP18942/24). They also challenge the adequacy of facilities for the proposed election venue (WP22575/24). They submit that electoral fairness requires correction of lists and transparency in venue arrangements.

Contentions of Respondents

Respondents contend that the elections have already been notified and final voters lists are not yet published; hence the voters-list challenge is premature. The Administrative Committee has adopted a resolution to conduct elections and has forwarded it to the Election Commission; the State Co-operative Election Commission argues that the matter falls within EC’s exclusive domain under the KCS Act, and the court should not micro-manage the process. The Sant Sadguru precedent is cited to argue non-maintainability of petitions during ongoing elections; venue concerns are to be resolved by EC without disruption to the process.

Cited Precedents (1)

Case Name	Citation	Treatment	Explanation
Shri Sant Sadguru v. State of Maharashtra and others	2001 (8) SCC 5809	Positive	The court relies on this Supreme Court authority to emphasize limited judicial intervention in election matters where the Election Commission has exclusive domain over the electoral process.

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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 DEVAN RAMACHANDRAN** **WEDNESDAY, THE 3[RD] DAY OF JULY 2024 / 12TH ASHADHA, 1946** ## **WP(C) NO. 18942 OF 2024** ## **PETITIONERS:** - **1 BAIJU.O.K. AGED 46 YEARS S/O KANNAN KEERAN ODAMKUZHLYIL, KACHERI, MUKKOM, PIN - 673602** - **2 K.M.ABOOBACKER AGED 65 YEARS S/O MAMMAD ASHARIMAKKIL, NEELESWARAM.P.O OMASSERI, KOZHIKODE, PIN - 673582** - **BY ADVS. P.P.JACOB MARIYAM JACOB** ## **RESPONDENTS:** - **1 THE MUKKOM SERVICE CO-OPERATIVE BANK LTD NO.F 1241 MUKKOM, KOZHIKODE REPRESENTED BY ITS SECRETARY, PIN - 673602** - **2 THE ADMINISTRATIVE COMMITTEE MUKKOM ,SERVICE CO-OPERATIVE BANK LTD NO.F 1241, MUKKOM, KOZHIKODE REPRESENTED BY ITS CONVENER, PIN - 673602** - **3 THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (G) KOZHIKODE OFFICE OF THE JOINT REGISTRAR OF COOPERATIVE SOCIETIES, PUTHIYARA, KOZHIKODE, PIN - 673004** - **4 THE SECRETARY TO GOVERNMENT CO-OPERATION (C) DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001 BY ADVS. JAIBY PAUL ANITA GLENDA PHILIP(K/356/2001)** **THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03.07.2024 ALONG WITH WP(C) NO.23870/24 & CONN.CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** **WP(C) NO. 18942 OF 2024 & conn.cases** **2** ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN WEDNESDAY, THE 3[RD] DAY OF JULY 2024 / 12TH ASHADHA, 1946** **WP(C) NO. 23870 OF 2024** ## **PETITIONERS:** - **1 ABDUL SHERIF. V AGED 40 YEARS S/O MUHAMMED, M.NO.16582, VENNOCODE PARAMBIL, NEELESWARAM, PIN - 673582** - **2 NAJEEBNDHEEN A AGED 38 YEARS S/O ABOOBAKKER, M.NO.14416, ASSARIMAKKALS, NEELESWARAM, PIN - 673582** - **BY ADVS. P.P.JACOB MARIYAM JACOB** ## **RESPONDENTS:** - **1 MUKKOM, SERVICE CO-OPERATIVE BANK LTD NO.F 1241 MUKKOM, KOZHIKODE , REPRESENTED BY ITS SECRETARY., PIN - 673602** - **2 THE ADMINISTRATIVE COMMITTEE MUKKOM, SERVICE CO-OPERATIVE BANK LTD NO.F 1241, MUKKOM, KOZHIKODE , REPRESENTATIVE BY ITS CONVENER, PIN - 673602** - **3 THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES (G) KOZHIKEDE, OFFICE OF THE ASSISTANT REGISTRAR OF COOPERATIVE SOCIETIES (G), PUTHIYARA, KOZHIKEDE, PIN - 673004** - **4 THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (G) KOZHIKODE, OFFICE OF THE JOINT REGISTRAR OF COOPERATIVE SOCIETIES (G), PUTHIYARA, KOZHIKODE, PIN - 673004** - **5 THE STATE CO-OPERATIVE ELECTION COMMISSION THIRUVANATHAPURAN , 3RD FLOOR, CO-BANK TOWERS, PALAYAM, VIKAS BHAVAN.P.O., THIRUVANANTHAPURAM, REPRESENTED BY ITS SECRETARY., PIN - 695033** **WP(C) NO. 18942 OF 2024** **& conn.cases 3** **BY ADVS. JAIBY PAUL ANITA GLENDA PHILIP(K/356/2001)** **SRI. JAIBY PAUL, FOR R1 & R2** **THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03.07.2024, ALONG WITH WP(C) NO.18942/24 & CONN.CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** **WP(C) NO. 18942 OF 2024** **4** **& conn.cases** ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN WEDNESDAY, THE 3[RD] DAY OF JULY 2024 / 12TH ASHADHA, 1946** ## **WP(C) NO. 22575 OF 2024** ## **PETITIONERS:** - **1 JUNAID PANDIKASALA AGED 41 YEARS PANDIKASALA HOUSE, S/O.MAMMAD, M.NO.19284, MUKKAM P.O., KOZHIKODE., PIN - 673602** - **2 LENIN RAHATH AGED 35 YEARS S/O LATHEEF, M.NO.22556, VELLARAMKUNNU HOUSE, MUKKAM P.O., KOZHIKODE., PIN - 673602 BY ADVS. P.P.JACOB MARIYAM JACOB** ## **RESPONDENTS:** - **1 MUKKOM SERVICE CO-OPERATIVE BANK LTD NO.F 1241, MUKKOM, KOZHIKODE,REPRESENTED BY ITS SECRETARY, PIN - 673602** - **2 THE ADMINISTRATIVE COMMITTEE MUKKOM, MUKKOM SERVICE COOPERATIVE BANK LTD,NO.F 1241 REP. BY ITS CONVENER., PIN - 673602** - **3 THE JOINT REGISTRAR CO-OPERATIVE SOCIETIES (GENERAL) KOZHIKODE, OFFICE OF THE JOINT REGISTRAR OF COOPERATIVE SOCIETIES(G, PUTHIYARA, KOZHIKODE., PIN - 673004** - **4 THE STATE CO-OPERATIVE ELECTION COMMISSION THIRUVANANTHAPURAM, 3RD FLOOR, CO-BANK TOWERS, THIRUVANANTHAPURAM, REPRESENTED BY ITS SECRETARY., PIN - 695033** **BY ADVS. JAIBY PAUL ANITA GLENDA PHILIP(K/356/2001)** **THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION** **ON 03.07.2024, ALONG WITH WP(C) NO.18942/24 & CONN.CASES. THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** **WP(C) NO. 18942 OF 2024** **5** **& conn.cases** ## **JUDGMENT** The afore three Writ Petitions have been filed by the petitioners touching upon various aspects and nuances of elections of Managing Committee of the Mukkam Service Co-operative Bank Ltd (‘the Society’ for short) . 2. While W.P(C) No.23870/2024 has been filed alleging that large number of ineligible persons are included in the voters list; W.P.(C) 22575/2024 has been filed seeking that the venue now proposed be altered, on account of lack of proper facilities. As far as W.P.(C) No. 18942/24 is concerned, the petitioners seek the removal of certain names from the 1[st] respondent Society, whose membership has been granted subsequent to Ext.P11 order. 3. Sri.C.M.Nazar – learned Standing Counsel for the State Co-operative Election Commission, in response, submitted that his client has already notified the elections, though not having published the final voters list as of now. He submitted that, therefore, the writ petition among the afore, relating to the allegations _qua_ the voters list is premature and unnecessary. He added that, as far as the venue is concerned, his client is looking into the most appropriate manner **WP(C) NO. 18942 OF 2024 & conn.cases** **6** in which the elections are to be conducted; and that it will be done so, without causing any inconvenience to any person. He concluded saying that, as far as the grant of membership is concerned, this is now irrelevant because, the process for finalization of the voters list is now underway. 4. Sri.Jaiby Paul – learned Standing Counsel for the Administrative Committee in charge of the Society submitted that, since his client has already adopted a resolution for conduct of elections and same having been forwarded to the Election Commission, these Writ Petitions are no longer maintainable in view of the celebrated judgment of the Honourable Supreme Court in _**Shri Sant Sadguru v. State of Maharashtra and others [2001 (8) SCC 5809].**_ 5. I have no doubt, going by the afore narrative, that the scope of intervention by this Court in these writ petitions is now extremely limited. This is because all issues relating to the Voters List, preparation of the Electoral Roll as also the infrastructure for the elections including venue etc., are exclusively within the control of the Election Commission, which is the statutory body entrusted with such duties under the Kerala Co-operative Societies Act ('the **WP(C) NO. 18942 OF 2024 & conn.cases 7** KCS Act' for short). It would not behoove this Court to intervene in any fashion when the election processes have commenced; and it is for the petitioner to work their remedies against any allegation qua electoral list, voters list etc; as per law. 6. As far as the venue is concerned, it is for the Election Commission to ensure that the elections are done in a proper manner and it would not be possible for this court to micro-manage it in any manner, merely because the petitioners say that the presently proposed venue is not commensurate. To paraphrase, this itself, is an issue the Election Commission must watch and assess carefully, while completing the process for elections. In the afore circumstances, I close these Writ Petitions, without acceding to any other relief sought for; however, leaving full liberty to the petitioners to move the Election Commission appropriately _qua_ any pending application of theirs, or to be made in future; and if this is done as per law and within the parameters of the Statutory Scheme, the same will be considered by its Competent Authority, after following due procedure and affording necessary opportunity to both sides. **SD/-DEVAN RAMACHANDRAN JUDGE** **WP(C) NO. 18942 OF 2024** **8** **& conn.cases** ## **lsn** ## **APPENDIX OF WP(C) 18942/2024** |**PETITIONER EXHIBITS**|| |---|---| |**Exhibit P1**|**TRUE PHOTOCOPY COPY OF THE ORDER**| ||**SUSPENDING THE BOARD OF DIRECTORS DATED**| ||**28.12.2020**| |**Exhibit P2**|**TRUE COPY OF THE JUDGMENT DATED 25.01.2022**| |**Exhibit P3**|**TRUE PHOTOCOPY OF THE JUDGMENT IN W.P.(C)**| ||**27113/21 DATED 4.12.21**| |**Exhibit P4**|**TRUE PHOTOCOPY OF THE ORDER IN W.P.(C)**| ||**1767/24 DATED 19.3.24**| |**Exhibit P 5**|**TRUE PHOTOCOPY OF THE RELEVANT PORTION OF**| ||**THE BYELAW**| |**Exhibit P6**|**TRUE PHOTOCOPY OF THE APPLICATION DATED**| ||**1.3.24 ISSUED TO THE SECOND RESPONDENT**| |**Exhibit P 7**|**TRUE PHOTOCOPY OF THE APPLICATION DATED**| ||**1.3.24 ISSUED TO THE SECOND RESPONDENT**| |**Exhibit P8**|**TRUE PHOTOCOPY OF THE RESOLUTION NO.6**| ||**DATED 4.3.24**| |**Exhibit P9**|**TRUE PHOTO COPY OF THE JUDGMENT IN W.P.**| ||**(C)1767/24 DATED 9.4.24**| |**Exhibit P10**|**TRUE PHOTOCOPY OF THE REPRESENTATION DATED**| ||**14.4.24 FILED BY THE PETITIONER**| |**Exhibit P11**|**TRUE PHOTOCOPY OF THE ORDER DATED 14.5.24**| ||**VIDE NO. CRP(1 ) 794/24/K.DIS**| |**Exhibit P12**|**TRUE PHOTOCOPY OF THE AMENDMENT ACT PASSED**| ||**BY THE STATE LEGISLATURE**| **WP(C) NO. 18942 OF 2024** **9** **& conn.cases** ## **APPENDIX OF WP(C) 23870/2024** **PETITIONER EXHIBITS Exhibit P1 TRUE PHOTOCOPY OF THE ORDER IN W.P.(C) 1767/24 DATED 19.1.24 Exhibit P2 TRUE PHOTOCOPY OF THE APPLICATION FROM THE CHAIRPERSON, KUDUMBASREE COMMUNITY DEVELOPMENT SOCIETY DATED 1.3.2024 ALONG WITH TYPED COPY Exhibit P3 TRUE PHOTOCOPY OF THE APPLICATION FROM THE REPRESENTATIVE OF THE VYAPARI VYAVASAYI SAMITHI DATED 1.3.24 Exhibit P4 TRUE PHOTOCOPY OF THE RESOLUTION NO.6 DATED 4.3.24 OF THE ADMINISTRATIVE COMMITTEE Exhibit P5 TRUE PHOTOCOPY OF THE RELEVANT PORTION OF THE BYELAW OF THE SOCIETY Exhibit P6 TRUE PHOTOCOPY OF THE ORDER VIDE NO. CRP(1) 794/2024/KDS DATED 14.5.24 ISSUED BY THE JOINT REGISTRAR Exhibit P7 TRUE PHOTOCOPY OF THE RELEVANT PORTION OF THE LIST OF `A' CLASS MEMBERS VIDE SL.NO. 1 T() 7427 AND M.NO. 322 TO 22591 OF THE FIRST RESPONDENT Exhibit P8 TRUE PHOTOCOPY OF THE REPRESENTATION FILED BY THE PETITIONERS BEFORE THE RESPONDENTS 1 & 2 DATED 14.6.24 Exhibit P9 TRUE PHOTOCOPY OF THE PERFORMA FORWARDED BY SECOND RESPONDENT TO THE FIFTH RESPONDENT** **WP(C) NO. 18942 OF 2024** **10** **& conn.cases** ## **APPENDIX OF WP(C) 22575/2024** ## **PETITIONER EXHIBITS** **Exhibit P1 TRUE PHOTOCOPY OF THE ORDER IN W.P.(C ) 1767/24 DATED 19.01.24** **Exhibit P2 TRUE PHOTOCOPY OF THE APPLICATION DATED 01.03.24 ISSUED BY MUKKOM MUNICIPALITY KUDUMBASHREE COMMUNITY DEVELOPMENT SOCIETY Exhibit P3 TRUE PHOTOCOPY OF THE APPLICATION DATED 01.03.24 ISSUED BY KERALA STATE VYAPARI VYVASAYI SAMITHI** **Exhibit P4 TRUE PHOTOCOPY OF THE ORDER NO. (C.R.P(1)794/2024K.DIS) DATED 14.5.24 ISSUED BY JOINT REGISTRAR OF CO-OPERATIVE SOCIETY (GENERAL ) Exhibit P5 TRUE PHOTOCOPY OF THE RELEVANT POTION OF THE BYE LAW Exhibit P6 TRUE PHOTOCOPY OF THE REPRESENTATION FILED BY PETITIONERS BEFORE THE RESPONDENTS DATED 14.6.24** ## **RESPONDENTS EXHIBITS: NIL** **TRUE COPY** **P.A TO JUDGE** ## **LSN**