GOPALAKRISHNAN Vs. KUMARAMPUTHUR SERVICE CO-OPERATIVE; JOINT REGISTRAR OF CO-OPERATIVE; PRESIDENT, KUMARMPUTHUR SERVICE AND S R HABEEBULLA

JUDGEMENT

(1.) W.P.(C). No. 25497/2009 concerns the election to the Board of Directors of the first respondent Co-operative Bank. The election was scheduled to be held on 21/09/2009. The petitioner's allegation is against the enrolment of more than 2000 members viz., 2249 members, on 23/06/2009 and 17/07/2009. It is mainly alleged that the members have been enrolled illegally and without referring to the qualification fixed under the relevant provisions of the Act, Rules and Bye-laws. The main prayer in the writ petition is for a direction to the second and third respondents to take immediate steps to see that ineligible members do not participate in the election scheduled on 21/09/2009 and they are removed from the membership of the Society.

(2.) The learned Single Judge who heard the matter on 17/09/2009 declined to grant an interim order which was challenged before the Division Bench of this Court in W.A. No. 2078/2009. The Division Bench passed an interim order dated 18/09/2009 whereby an Advocate Commissioner was appointed to observe the election proceedings. The Bench also directed to keep a separate ballet box to the members enrolled on 23/06/2009 and 17/07/2009 in order to preserve the subject matter of the election. It was also directed that their votes shall be separately counted. The Returning Officer was given freedom to declare the results of the election on the basis of the votes secured in both boxes. It was made clear that the declaration of the results will be subject to the result of the writ appeal. The writ appeal itself was disposed of with the following directions:

(3.) Thereafter, this Court passed an interim order dated 09/10/2009 in the writ petition directing the Joint Registrar to consider the complaints regarding ineligibility. Earlier, the Joint Registrar had directed the parties to file election petition and this was recalled later which fact is recorded in the interim order dated 28/10/2009. The order passed by the Joint Registrar is dated 23/11/2009 whereby he has found that the enrolment of 13 members was not correct and a direction was issued under Rule 16(3) of the Kerala Co-operative Societies Rules, to the Bank to take steps to remove them from membership after issuing notices. The said order is produced in W.P.(C). No. 36853/2009 as Ext.P10.