KANHIKAVU KUNJIKISHNAN Vs. ALI KOYA

JUDGEMENT

(1.) Reservation for women and members of Scheduled Castes or Scheduled Tribes in the managing committee of a society is to effectuate socio, economic and political justice assured by the Preamble and Articles 38 and 46 of the Constitution of India (See: State of Uttar Pradesh v. COD.Chheoki Employees' Co-operative Society Ltd. [(1997) 3 SCC 681]).

(2.) There shall be reserved in the committee of every society three of the total seats for women members and one seat for a member belonging to the Scheduled Castes or the Scheduled Tribes. This is so notwithstanding anything to the contrary in the Kerala Co- operative Societies Act, 1969 ('the Act' for short) or the Rules thereunder or the bye-laws. The statutory prescription is contained WAs14 and 159/2016 in Section 28A of the Act which is extracted below:

(3.) The reservation for women members and members belonging to Scheduled Castes or Scheduled Tribes in the committee shall not however prevent them from being elected to the non-reserved seats. What will happen if there are no women members or members belonging to Scheduled Castes or Scheduled Tribes in the society as in the instant case? The society wherein the election has to be held is - Oravil Blacksmithy Carpentry Workers Industrial Co- operative Society Ltd. - which is a society for blacksmiths and carpenters. The society is manned by the administrative committee constituted by the Government as early as on 3.9.2014 and election WAs14 and 159/2016 to the managing committee is awaited. The election has got delayed due to the practical difficulty in implementing Section 28A of the Act owing to the absence of members in the reserved category. The learned single Judge has by the judgment impugned directed that the election to the society shall be conducted keeping all the seats open for the general category alone.