ADMINISTRATIVE COMMITTEE Vs. GOPALAKRISHNA PILLAI

JUDGEMENT

(1.) These appeals arise from a common judgment dtd. 15/6/2023 of a learned single Judge in a batch of 10 writ petitions arising in connection with the election to the Managing Committee of the Thiruvananthapuram Regional Milk Producers Union, which is a central society registered under the Kerala Cooperative Societies Act and Rules. An earlier common judgment allowing W.P.(C).Nos.1673 & 1679 of 2023 dtd. 10/4/2023 is also under challenge.

(2.) The election to the Managing Committee of the Thiruvananthapuram Regional Milk Producers Union, a Central society, was notified 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 and to be considered on 14/3/2022. It is contended that out of the 978 societies included in the preliminary voters' list, 58 societies were under the administration of an administrator/administrative committee and 23 member societies were admitted/affiliated by the Administrator/Administrative Committee. The petitioners contended that the 58 member societies which were under the administration of an Administrator/Administrative Committee were ineligible to sent their members to participate in the election. It was further contended that 23 member societies, who were included as members by the Administrator/Administrative Committee were also not entitled to vote. The contention was on the basis of Sec. 28(8) of the Kerala Co-operative Societies Act, which reads as follows:-

(3.) Reliance was also placed on the decision of the Apex Court in Joint Registrar of Co-operative Societies v. T.A. Kuttappan [2000 (2) KLT 480 (SC)] to contend that member societies admitted while the administrative committee was in power are not eligible to vote. The final voters' list was published on 16/3/2022 including 58 member societies under the Administrator/Administrative Committees. 11 APCOS, which were found to have "deemed affiliation" under Sec. 8A(4) of the Kerala Co-operative Societies Act were found entitled to be included while 12 of the APCOS which were given affiliation by the administrative committee within 60 days from the date of election were deleted from the list. The final list contained 966 voters. This voters' list was under challenge in the writ petitions.