K.JAYAVARMA Vs. STATECO-OPERATIVE ELECTION COMMISSION

JUDGEMENT

(1.) The Kerala Co-operative Societies Act, 1969 is referred to as 'the Act' and the Kerala Co- operative Societies Rules, 1969 is referred to as 'the Rules' hereafter. All these writ petitions challenge the various steps taken in the conduct of an election to the Managing Committee of a bank and are hence bunched together. The matter comes on a reference by a learned single Judge when there was a hitch to conduct the election in spite of the direction by another Division Bench.

(2.) The election to the Managing Committee of Thiruvalla East Co-operative Bank Ltd. No. 3260 ('the bank' for short) was slated on 05.11.2016 as per the calendar. The preliminary voters list published contained 611 members whereas the final voters list published had only 28 members disabling an election even. This is because the number fell short of 50 members necessary to constitute a quorum for a General Meeting as per clause 22 of the bye-laws of the bank. An Annual General body Meeting is to be convened in the prescribed manner for the purpose of election too as per Section 29(1)(b) of the Act. No election could have been conducted even if all the 28 members were present in the General body Meeting convened to conduct the election to the Managing Committee. It was at this juncture did this Court intervene and direct the election to go on as scheduled subject to riders by an interim order dated 01.11.2016. The full text of the interim order is reported in Cherian Eapen v. Managing Committee, Thiruvalla East Co-operative Bank, Pathanamthitta [2016 (5) KHC 486]. Its operative part is as follows:

(3.) The Supreme Court in Special Leave Petitions filed by the Joint Registrar of Co- operative Societies (General) and others initially passed an interim order dated 11.11.2016. Its operative part is as follows: