P KASMIKOYA Vs. REGISTRAR OF CO OPERATIVE SOCIETIES

JUDGEMENT

(1.) The question for consideration is whether election process, which has already started for electing the Board of Directors of a Marketing Federation, which has culminated into election meeting and the proceedings drawn thereto, can be set at naught by the Registrar of Co-operative Societies

(2.) The matter arises under the Laccadive, Minicoy and Amindivi Islands Co-operative Societies Regulation, 1960. The above islands are within Union Territory Government of which is being run by an Administrator appointed by the Central Government. Lakshadweep Co-operative Marketing Federation Limited comprises of delegated members under Class-A consisting of Supply and Marketing Co-operative Societies dealing in agricultural produce and other communities and Class-B members belonging to other co-operative institutions and Class-C members are the members representing the resident of Union Territory of Lakshadweep. The management of the Federal is vested with the Board of Directors consisting of 17 persons, consisting of 10 from 'A' Class, two from 'B' Class and one from 'C' Class and the Managing Director to be appointed by the Administrator in consultation with the President of the Federation as also three Government nominees. Member of 'A' Class, as already stated above, are delegates from the Supply and Marketing Societies dealing with agricultural produce and other commodities. Question of election of the said members does not arise as they delegates by virtue of their being members of the above co-operative societies and nominated by the above co-operative societies. In so far as 'B' Class and the same is the case with 'C' Class members. Out of 17 Directors mentioned above, there is election only among the representatives for two members from 'B' Class and one from 'C' Class while the general and comprehensive power vests in the general body. The Board of Management once elected holds office for two years and the previous Board has completed its term by March, 2004, but, they were continued until further orders till new management assumes office after election. A notification was issued on 12-8-2004 fixing the date of election of Board of Directors of the Federation on 12-9-1994. Returning Officer has been appointed by the Registrar of Co-operative Societies on 25-8-2004. In the general body meeting, which has been convened for election on 12-9-2004, agenda was the follows:

(3.) As there was no President, a person was elected in the meeting. There were two contenders for the said post, namely, Melilapura Cheriyakoya and Koliyala Sayed Koya. Majority favoured the name of Mr. Sayed Koya to preside over the general body. The first three items of the agenda were discussed and resolution were passed. Then came the turn of the Returning Officer and, firstly, there was a request to send out ineligible voters and dispute arose there as thee was no decision taken and even to discuss as to who were eligible and ineligible voters as the Returning Officer had refused to give the voters list and it is stated that even the voters list was not published and no formalities like draft publication of voters list, invitation of objects and, then, finalization of voters list was followed. As there was pandemonium, hue and cry, the Returning Officer had left the meeting hall saying that the situation was such that election could not be held and that triggered further agitations from the members, and, observing that the situation was getting out of control, the Chairman had declared the General Body meeting as dissolved. The said proceedings recorded have been forwarded to the Registrar. The Managing Director accused the Returning Officer as responsible for the explosive situation because of the adamant stand of the Returning Officer. The Returning Officer by the report dated 30.9.2004 states otherwise. According to him, he was present in the meeting of General Body at 11 a.m. on 12-9-2004 and requested the Managing Director and Secretary to inform him when the agenda for election is taken up for discussion and at 2.45 p.m., the Secretary requested him to conduct election and, accordingly, he started election proceedings and requested the Managing Director and the Secretary to hand over minutes of book for recording the proceedings of the election, and when some members in the meeting started shouting and went out of the meeting place, and the Managing Director and Secretary refused to hand over the minutes book for recording the proceedings of the election, and when some members in the meeting started shouting and went out of the meeting place, and the Managing Director and Secretary refused to hand over the minutes book to him and left the place, he conducted elections to the Board of Directors, and, to the posts of President and Vice President for the term 2004-2006 and the proceeding shave been recorded in a separate sheet. The Registrar of Co-operative societies, after examining the matter, comprehensively passed an order on 15-9-2004 and concurred with the report of the Chairman holding that there was no election held and that the Returning Officer's report that election has been held, cannot be accepted.