KRISHNAN EZHUTHACHAN Vs. ASST REGISTRAR

JUDGEMENT

(1.) Petitioner is a member of the third respondent, the Trichur Fruit and Vegetable Marketing Cooperative Society Limited, a society governed by the Kerala Cooperative Societies Act, 1969, (the Act). He was one of the founder members of the society with membership No.2. He was also the President of the Managing Committee of the society which was elected to office at the election held on August 24, 1986.

(2.) The term of the committee so elected was five years, but long before the expiry of that term, on October 4, 1988, the Joint Registrar appointed an Administrator for the society on the ground that there was no quorum for the managing committee. The Administrator assumed office on the next day, namely October 5, 1988. The appointment of the Administrator was challenged by the petitioner by filing writ petition, O.P. No. 10062 of 1988 in this court. It was however, dismissed on the ground that the order . impugned was appealable under S.83(j) of the Act. This court did not find any reason to interfere with the order, under Art.226 of the Constitution. But, a direction was issued to the respondents to take immediate steps for holding the election to the managing committee before the end of February, 1989. The original petition was disposed of accordingly.

(3.) The Administrator passed resolution on December 28, 1988 to hold the election on February 26, 1989. In the meanwhile, the Administrator enrolled a large number of new members. At the time he assumed office the society had 132 members on its roll. The dispute in this original petition relates to the eligibility or otherwise of 152 members newly enrolled by the Administrator to vote at the election. According to the petitioner, these persons were admitted to membership only after November 30, 1988 within a period of 90 days preceding the date of election, namely February 26, 1989, and therefore, they were not entitled to participate or vote in that election. According to the respondents, they were admitted to membership on 14th and 16th November, 1988. Petitioner's definite case is that these persons submitted their application for membership, as also paid the application fee and share money, only on or after December 13, 1988 and therefore they were ineligible to vote at the election.