SHAJI Vs. STATE CO OPERATIVE ELECTIONS

JUDGEMENT

(1.) Petitioner claims to be a member of the 5th respondent society, named as Palakkad District Autorikshaw Drivers Cooperative Society Ltd. The contentions that has been raised in this Writ Petition and which has been pressed come mainly under two heads. One is that the election to the Managing Committee proposed by Ext. P1 notification by the State Cooperative Election Commission is unauthorised since they have no power to prescribe election to a society in the nature of the 5th respondent. The other is with reference to the eligibility of about 282 members to partake in the election proposed. On the date notified, the election had not taken place as the parliamentary elections came to be declared. The next date is yet to be notified.

(2.) On the first issue, argument rests on S.28 B of the Kerala Cooperative Societies Act. It had been brought by amendment effective from 1.1.2000. In respect of certain categories of societies, viz. Credit Societies, Apex Societies, Central Societies and Federal Societies, the Cooperative Election Commission was shown as the authority to hold the process of election. Rules have been also prescribed. Petitioner submits that the 5th respondent has been classified under R.15 in the category of Commercial society, as an Autorikshaw Society coming within R.15(ii) as a Miscellaneous Society and therefore does not qualify to be considered as a Credit Society. If so, the Registrar of Cooperative Societies continued to be the authority for controlling the election and every steps taken pursuant to Ext. P1 would have to be declared as having been resorted to without authority or jurisdiction.

(3.) On this point, I heard Sri. T.M. Sunil, who appeared for the society. He refers to Exts.R4(a) and points out that at the time of registration of the Society and thereafter, the society has been treated as a Credit Society. The document, viz., audit certificate shows it as a Credit Society. His submission is that it is not an Autorikshaw Society, but an Autorikshaw Drivers Society and is mainly engaged in the business of giving credit to Autorikshaw Drivers for self employment purposes. Ext.R4(b) is a certificate of a non Credit Society, and he points that in such cases, the procedure adopted for audit itself is different.