K.RAVINDRAN Vs. STATE OF KERALA

JUDGEMENT

(1.) These appeals arise from a common judgment dated 01.08.2019 in W.P.(C) Nos.20338/2019 and 19782/2019. The former writ appeal arises from the judgment in W.P.(C) No.20338/2019 and the latter appeal arises from W.P.(C) No.19782/2019. The petitioners therein are the appellants herein. The appellants in the former appeal were members of the previous Managing Committee of Keezhallur Service Co-operative Bank Limited No.F 1455 (for short, 'the Bank'), the term of which had expired on 20.07.2019. It is a primary credit society. Prior to the expiry of the term, the said Committee took a resolution to conduct election to the management of the society sixty days ahead of expiry of its term, in accordance with the mandate under Rule 35A(1) of the Kerala Co-operative Societies Rules (for brevity, 'the KCS Rules'). On its receipt along with the recommendation of the Joint Registrar, viz., the 3rd respondent herein the State Co-operative Election Commission issued Ext.P1 notification dated 14.05.2019 proposing to conduct election to the Managing Committee of the society, on 07.07.2019. One of the members of the said Society by name Sri.V.R Bhaskaran challenged the said notification dated 14.05.2019 before this Court by filing W.P.(C) No.16209/2019. The question whether Election Commission was correct in reducing the requirement to have an encumbrance free fixed deposit of Rs.50,000/- or above to earn eligibility for candidacy under the "fixed depositors constituency" was considered based on Section 28 of the Kerala Co-operative Societies Act (for short, 'the KCS Act') and also the bye- laws of the Bank. As per the resolution, two seats were reserved under the depositors' constituency for members having an encumbrance free deposit of Rs.50,000/- and above. However, the Election Commission issued Ext.P1 notification reserving two seats for members having a deposit of Rs.10,000/- and above under that constituency. Essentially, the contention raised therein was that Ext.P1 notification was contrary to the bye-laws which provides for reservation of two seats for members having a deposit of Rs.50,000/- and above and therefore, it is liable to be set aside. Ext.P2 judgment would reveal that after hearing the learned counsel appearing for the parties, this Court allowed the writ petition and set aside Ext.P1 notification with a direction to the Election Commission to stop all proceedings pursuant to the said notification dated 14.05.2019 and to await fresh resolution from the 5th respondent for conduct of fresh election to its Managing Committee. It was further ordered thereunder:-

(2.) In terms of the mandate under Ext.P2 judgment, the previous Managing Committee of the Bank, while in office, again passed a resolution on 3.7.2019 proposing to conduct election on 1.9.2019. It is only thereafter, to be precise, only on 19.7.2019 that the term of the said committee had expired. As can be seen from Ext.P2 judgment, the Election Commission was also required to issue fresh notification pursuant to the receipt of fresh resolution strictly in terms of the bye-laws of the Society, the mandate of Section 28 of the KCS Act and adverting to the observations of this Court in Ext.P2 judgment. The Election Commission, on obtaining fresh resolution dated 3.7.2019, considered the question of issuing fresh election notification, but found that the previous Managing Committee was incompetent to pass resolution on 3.7.2019 for conducting election as its term was due to expire on 19.7.2019 and hence declined to act upon the same on the ground of it being not in conformity with the provisions under Rule 35A(1) of the KCS Rules. Violation of the said provision was found as at the point of time of passing the said resolution, at least 60 days time did not exist for expiration of the term of the committee. After the expiry of the term of the committee, the Joint Registrar appointed a Part-time Administrator for the Bank on 19.7.2019. It is aggrieved by the appointment of the Part-time Administrator instead of an Administrative Committee and seeking for its redressal and such other reliefs that W.P.(C) No.20338 of 2019 was filed by the appellants in the former appeal. They filed the said writ petition seeking the following reliefs:-

(3.) W.P.(C).No.19782/2019 was filed by a member of the society seeking mainly the following reliefs:-