LUKMAN Vs. DY REGISTRAR

JUDGEMENT

(1.) The petitioner is a delegate of Kadungalloor Service Cooperative Bank Ltd. No. 863 to the second respondent, the Ernakulam District Cooperative Bank, representing his society. The petitioner can exercise a vote on behalf of his society which is a voter. He is also a candidate for election to the Managing Committee of the second respondent society. He has approached this court seeking a direction to the first respondent, who is, also the Returning Officer to the election to include all the names of the 25 primary Cooperative Societies mentioned in Ext. P4, in the final voters list and allow them to participate in the election process including the voting in the election scheduled on 21.9.1997. In other words, he submits that all the primary cooperative Societies which were members of the Central Bank before the promulgation of Ordinance 8 of 1997 and 12 of 1997 and whose principal object is to raise funds to be lent to its members including nominal or associate members are entitled to participate in the election process.

(2.) The Ordinance 8 of 1997 had lapsed and in its place, Ordinance 12 of 1997 was promulgated. So, we are concerned only with the latter which is in pari materia with ordinance 8 of 1997.

(3.) The basis for the contention of the petitioner is Clause.3(iii) of the said Ordinance introducing amendment to the definition section in the Kerala Cooperative Societies Act, 1969. By reason of this amendment, the District Cooperative Bank and Primary Agricultural Credit Society and Urban Cooperative Bank are defined. The definition of District Cooperative Bank is as follows:-