UDAYAKARAN Vs. AHAMMEDKANNU

JUDGEMENT

(1.) THIS Writ Appeal arises from the judgment in W. P. (C) No. 24568/2003. The appellant was the 5tn respondent in the Writ Petition and respondents 1 to 3 were the petitioners in the Writ Petition, Respondents 4 to 7 herein were respondents 1 to 4 in the Writ Petition.

(2.) THE dispute relates to the election to the Committee of the 6th respondent Kerala State Handicrafts Apex-Co-operative Society limited, Ernakulam (hereinafter referred to as "the Society") which is governed by the provisions of the Kerala Co-operative Societies Act, 1969 (hereinafter referred to as "the Act") and the Kerala Co-operative societies Rules (hereinafter referred to as "the Rules" ).

(3.) IN Ext. P2 order the Registrar found that as per the provisions contained in the Act and in the bye-laws of the Society election to the committee of the Society, is a subject matter allotted to the General Body of the Society and that the decision contained in resolution No. 4 (a) was taken by the Committee even without obtaining the previous sanction of the Registrar and also that the Registrar was kept in the dark about the said decision, as resolution No. 4 (a) was not communicated to the Registrar along with resolution no. 4 by which it was resolved to conduct the election on 19. 6. 2003. According to the Registrar, no objective criteria were seen adopted by the committee for reserving the seats for women and SC/st. The registrar held that the decision to reserve Alappuzha district for SC/st and idukki district for women was taken without any objective reasoning and in an arbitrary manner. The Registrar even pointed out that the seat for woman was reserved in the Idukki District where there were only two women -societies as members of the Society.