SUGATHAN Vs. JOINT REGISTRAR

JUDGEMENT

(1.) Petitioner No. 1, T.K. Sugathan is the President of the petitioner No.2, Pappinivattom Service Cooperative Bank Ltd. The petitioner No.2 resolved that the elections to the Managing Committee shall be held on 7-3-1993. A copy of the resolution was eventually sent to the Joint Registrar of Cooperative Societies, the respondent herein, as envisaged by sub-r.(1) of R.35 of the Kerala Cooperative Societies Rules. The term of the present managing committee expires on 13-6-1993. The Joint Registrar of Cooperative Societies, by his letter No.0-46/93 dated 1-2-1993 informed the petitioners that it was not possible to appoint a returning officer to conduct the elections four months before the expiry of the term of existing managing committee. The reason pointed out in the letter was his experience that where elections are held much prior to the date of expiry of the term of the existing committees, the existing committees refuse to hand over the charge to the elected committees. The thrust of, this letter is that it is not desirable to appoint Returning Officer and hold ejections, far earlier, than the date of expiry of the terra of existing committee.

(2.) In this petition under Art.226 of the Constitution of India, the petitioners impugn the legality of the above decision of the respondent not to appoint Returning Officer immediately.

(3.) The only submission made by learned counsel for the petitioners is that the committee of a cooperative society by its resolution fixed the date, time and place for the conduct of the election to the new committee. This was done "atleast 60 days" in advance of the date of expiration of the term of the existing committee as required under sub-r.(1) of R35 of the Kerala Coop. Societies Rules. According to the petitioners the Registrar is in duty bound to appoint a Returning Officer immediately on receipt of such resolution. Since in this case the respondent has declined to do so, the impugned order violates sub-r.(2) of R.35 of the Kerala Cooperative Societies Rules.