PURUSHOTHAMAN NAIR R Vs. STATE OF KERALA

JUDGEMENT

(1.) Election to the committee of the third respondent District Cooperative Bank was notified. Petitioner in WP (C) No. 26427 of 2008 submitted nomination. Respondents 4 to 8 therein are also candidates. It is contended that they are disqualified since the respective society, of which each among them is the representative, is in arrear to the District Cooperative Bank and therefore, disqualified in terms of R.46(e) of the Kerala Cooperative Societies Rules, 1969, hereinafter, the 'Rules', for short. The Government issued Government Order dated 22/08/2008 exempting all primary agricultural credit societies from the provisions of R.46(e) for a period of one year from the date of that notification, in exercise of power under R.3181 of the Rules. That is under challenge on the ground that the said notification is the result of abuse of power, is politically motivated and is a selective action intended only to remove the disqualification of Respondents 4 to 8 in WP (C) No. 26427 of 2008. According to the petitioners, the problems explained in the Explanatory Note attached to Government Order dated 22/08/2008, are faced by large number of societies and the exemption issued only in respect of primary agricultural credit societies, is bad and is the result of abuse of power.

(2.) Following interim order dated 04/09/2008 in WP (C) No. 26427 of 2008, election proceedings continued and polling was held. Results are yet to be declared.

(3.) WP (C) No. 28355 of 2008 is filed by a member of the third respondent District Cooperative Bank, being a delegate. He also challenges the Government Order dated 22/08/2008 and supports the other writ petition.