SAINUDEEN Vs. STATE OF KERALA

JUDGEMENT

(1.) Petitioners are members of the Kanjirappally Central Service Cooperative Bank Ltd. (third respondent). By virtue of S.28A of the Kerala Cooperative Societies Act, the term of office of the Managing Committee of the Bank was reduced to three years from five years. As a result of it, the management of the Bank was taken over by an Administrator.

(2.) Election was held on 13-9-1992. Case of the petitioners is that as per Ext. P1 notice meeting of the Managing Committee was held on 17-9-1992 and for election for the Presidentship one among them (5th respondent) was chosen by the Committee to preside over the meeting as per rules. Fifth respondent acted as the Presiding Officer. Names of three persons viz. first petitioner, 6th respondent and 8th respondent were proposed for Presidentship. 8th respondent withdrew from the contest. In the election first petitioner got five votes whereas 6th respondent got only four votes and that the first respondent was elected as the President. Under the Presidentship of the first petitioner second petitioner was elected as the Vice President he getting five votes as against the 7th respondent, the rival candidate getting only four votes. Administrator, who was present throughout the election proceedings, handed over the charge to the first petitioner.

(3.) Petitioners allege that the 8th respondent who supported them in the election defected from their side and joined the opposite camp and filed a complaint before the second respondent denying the election held on 17-9-1992. The Assistant Registrar of Cooperative Societies, Kanjirappally (second respondent) issued Ext. P3 notice stating that the meeting of the Managing Committee shall not be held till a decision is taken on the complaint filed by the 8th respondent. Contention of the petitioners is that the elections to the posts of President and Vice President were held properly and they were legally elected and hence Ext. P-3 order of the second respondent is totally unsustainable.