BIJUKUMAR Vs. CO-OPERATIVE ELECTION COMMISSIONER

JUDGEMENT

(1.) The question that arises for consideration in this Writ Petition is whether, in an election to constitute the Managing Committee of a Co-operative Society, the polling should also be conducted on ward basis The petitioners are A class members of the fourth respondent society. An election to the Managing Committee of the fourth respondent has been notified as per Ext.P4. All the procedures relating to the conduct of the election are complete and what remains is only the actual polling, that is scheduled to be held on 23.6.2013. The petitioners are contesting the election. The first petitioner is contesting from ward No. 3 while the second petitioner is contesting from ward No. 5.

(2.) According to Adv. R. Gopan who appears for the petitioners, the Co-operative Societies Act, 1969 (the 'Act' for short) has been amended by Act 8/2013 providing that election to the Managing Committee of societies like the fourth respondent be conducted only on ward basis. Accordingly the bye laws of the fourth respondent society have been amended to provide for election on ward basis, as evident from Ext. P3. It was thereafter that Ext. P4 notification was issued. Ext. P4 notification though it states that the election shall be conducted on ward basis, does not provide that voting shall also be on ward basis. It is contended that unless the voting is also conducted on ward basis, the desired objective of the amendments now introduced would not be achieved. It is pointed out that some of the wards have more than 2000 members and therefore the votes of the members of the said wards would be decisive in the choice of representatives from the other wards also. Consequently, it is contended that a situation would be created where wards having lesser number of members would be denied the right to choose representatives of their choice. Or in other words, members of wards with more members would decide who should represent the wards with lesser members also. Therefore, it is contended that appropriate directions for conduct of the election insisting on conduct of the voting also on ward basis should be issued. An interim order of stay of further proceedings is also sought.

(3.) A statement has been filed by the second respondent. According to the statement, the contention of the petitioners are untenable in view of the provisions of the Act and the Rules thereunder. S. 28 mandates constitution of the Managing Committee by the General Body of the Society and therefore, voting on the basis of wards would curtail the rights of a section of the members, thereby violating S. 28. The election is being conducted on ward basis for the purpose of ensuring that every ward is represented in the Managing Committee. Nominations for the election have not been submitted on panel basis. Individual candidates who are contesting the election are entitled to the votes of each member of the Society, irrespective of the wards.