MANIYAN NADAR Vs. DIRECTOR, DAIRY DEVELOPMENT DEPARTMENT

JUDGEMENT

(1.) THE writ petition is filed seeking the following reliefs: i) To issue a writ of mandamus or any other appropriate writ, order or direction to the respondents to weed out the ineligible members who are having membership number from 881 to 916 with serial numbers 101 to 123 in Ext.P5 final voters list and to debar them from casting their votes in the election to the managing committee scheduled to be held on 31/10/2012; and ii) To issue a writ of certiorari or any appropriate writ order or direction to quash Ext.P5 to the extent of ineligible members, who are having membership number from 881 to 916 with serial number 101 to 123 in Ext.P5 final voters list.

(2.) HEARD the learned counsel for the petitioner and the learned Special Government Pleader.

(3.) THE question as to whether the Administrator or Administrative Committee can enroll members was considered by this Court in the decision reported in Karunakaran Pillai v. Venugopala Pillai (2005 (3) KLT 348) in which it was held that the administrative committee cannot enroll members. It was also held that such enrollment is illegal as per the decisions of the Apex Court in Joint Registrar of Co-operative Societies v. T.A.Kuttappan and others (2006 (6) SCC 127) and Shantharaj and another v. Nagaraj and others (1997(6)SCC 37). In the light of the settled legal position, it is clear that the enrollment of 33 members is illegal and the newly enrolled members have no legal right to cast their votes in the ensuing election.