PRESIDENT/DELEGATE Vs. STATE CO-OPERATIVE ELECTION COMMISSION

JUDGEMENT

(1.) The issues involved in all the above Writ Petitions are intrinsically connected, and they are being heard and disposed of together. W.P.(C)No.9793 of 2022 is being treated as the main case for the purpose of convenience, and the facts are narrated on that basis. WP(C)No.9793 of 2022 RELEVANT FACTS:-

(2.) The petitioners are Presidents of various Anand Pattern Milk Co-operative Societies (hereinafter referred to as APCOS) under the 4threspondent Central Society. The questions posed in the Writ Petition are (i) whether any member other than a delegate contemplated in Sec. 28(8) of the Kerala Co-operative Societies Act (hereinafter referred to as "the Act") can vote in the election to the committee of the 4threspondent Society and (ii) whether societies granted membership/affiliation by the Administrator/ Administrative Committee can vote in the election. The Writ Petition was heard along with several other Writ Petitions relating to the election to the managing committee of the 4threspondent, and all the Writ Petitions are disposed of together.

(3.) The election to the 4threspondent was notified as per Ext.P1 on 4/3/2022. The election was scheduled to be held on 9/4/2022. The preliminary voters' list was published on 5/3/2022. Objections were to be submitted on or before 11/3/2022. The objections were to be considered on 14/3/2022. Of 978 Societies included in the preliminary voters' list, 58 Societies were under the control of the Administrator/ Administrative Committee appointed by the concerned Deputy Directors of Dairy Development under Sec. 32 or 33 of the Act, and 23 of the members were admitted/affiliated by the Administrator/Administrative Committee. The contention of the petitioners is that the 58 persons delegated by the Administrator and the 23 members who were included as members by the Administrator/Administrative Committee are not entitled to vote at the election. The contention is based on Sec. 28(8) of the Act, introduced by way of an amendment with effect from 12/2/2021 which says that only the President of the APCOS can be a delegate to participate in the General Body Meeting and contest the elections to the managing committee. The term of the elected committee was over on 16/2/2021, and an Administrative Committee took charge. The elected committee had taken a decision on 8/2/2021 to conduct the election, but the same was not recommended by the Department to the Election Commission. On 12/2/2021, sub-sec. (8) was added to Sec. 28, which required that the delegate of the member APCOS to attend the general body meetings and to contest the elections to the managing committee of the Regional Co-operative Milk Producers' Union shall be its President only. It is in the above background that the petitioners contend that the 58 Societies managed by Administrator or Administrative Committee that do not have a President cannot participate in the meeting or contest the election as a delegate. Regarding the 23 primary societies admitted to membership of the Central Society by the Administrative Committee, the petitioners place reliance on the decision in Jt. Registrar of Co-operative Societies V. T.A.Kuttappan reported in [2000 (2) KLT 480 (SC)] to contend that such persons cannot vote at the election.