P SUBAIRKUNJU Vs. KERALA CO OPERATIVE ELECTION COMMISSION

JUDGEMENT

(1.) Whether a member of the administrative committee of a society is eligible to be a delegate in any other society is the question involved in this case. Prima facie, one is inclined to think that the question is no more res integra, being covered by the Bench decision of this Court in Kurien v. Registrar of Cooperative Societies ( 1996 (2) KLT 117 ). However, it appears, there is something deeper to be probed into since the delegate in the instant case, though a member of the administrative committee is otherwise a member of the society.

(2.) The petitioner is a delegate of a primary society to the third respondent society. The 4th respondent is also a delegate to the apex society. But the nomination of the 4th respondent for election to the third respondent apex society was objected to by the petitioner on the ground that the 4th respondent is a member of the administrative committee (he is the convenor of the committee) of Nedumangad Taluk Marketing & Processing Cooperative Society Ltd. and being a delegate delegated by the administrative committee, it was contended that the 4th respondent is not eligible to be a candidate. As per Ext. P3, the Returning Officer rejected the objection and held that since the 4th respondent is otherwise a member of the said society, he is eligible to be a delegate. R.44A of the Kerala Cooperative Societies Rules deals with delegation. It reads as follows:

(3.) It may be seen that the person appointed to represent the society in any other society and vote should be a member of the managing committee of the society which he represents. The appointment as a representative of the society is by the managing committee itself. In other words, the managing committee appoints one among its members to be a delegate to represent the society and vote in another society. The proviso provides that in case any society is managed by an Administrator / Administrators or Administrative Committee, they will have power to nominate any member of the society to be its delegate in any other society and such nominee will be eligible to be elected to the committee of the other society, if he is otherwise qualified under the rules.