BALARAM V. Vs. CO-OPERATIVE ARBITRATION COURT

JUDGEMENT

(1.) Since common issues are raised, these writ petitions are heard together and being disposed of by this common judgment.

(2.) W.P.(C) No. 61 of 2019: The petitioners in this writ petition, who are members of the 4th respondent Bank, which is a Society registered under the Kerala Co-operative Societies Act, 1969 and the Rules made thereunder, who have submitted their nomination in the election to the Board of Directors of the said Society, in terms of Ext. P-1 notification dated 9-11-2018 issued by the 5th respondent State Co-operative Election Commission, have filed this writ petition under Article 226 of the Constitution of India, seeking a writ of certiorari to quash Ext. P-3 ARC No. 55 of 2018 filed by respondents 2 and 3 before the 1st respondent Co-operative Arbitration Court; Ext. P-4 interlocutory application, i.e., I.A. No. 165 of 2018 filed in ARC No. 55 of 2018; and also Ext. P-5 interim order dated 27-12-2018 of that court in I.A. No. 165 of 2018 in ARC No. 55 of 2018. The petitioners have also sought for a declaration that the interim order passed by the Co-operative Arbitration Court as per Ext. P-5 is an action without authority and by abusing the position as the Presiding Officer of that court, by the present incumbent in that office; and a writ commanding the respondents to conduct election on a day that may be fixed by this Court, preferably on 12-1-2019.

(3.) W.P.(C) No. 235 of 2019: This writ petition is filed by the 4th respondent Society in W.P.(C) No. 61 of 2019, along with its Board of Directors, seeking a writ of certiorari to quash Ext. P-2 interim order dated 27-12-2018 of the 1st respondent Co-operative Arbitration Court in I.A. No. 165 of 2018 in ARC No. 55 of 2018 [which is Ext. P-5 order in W.P.(C) No. 61 of 2019] and Ext. P-2(a) consequential order dated 29-12-2018 issued by the 4th respondent State Co-operative Election Commission. The petitioners have also sought for a declaration that, as per law, the 1st respondent Co-operative Arbitration Court gets jurisdiction to entertain an arbitration case with regard to the election to a Society only after the election, if it is referred to it, within one month from the date of election. So entertaining an ARC with regard to disputes regarding election in a Society before the election and passing the impugned order staying the election 'are without jurisdiction. The further reliefs sought for are a writ of mandamus commanding respondents 4 to 6 to conduct election (polling) as per Ext. P-1 notification on any date prior to 11-1-2019, so as to ensure what is envisaged in Article 243ZK of the Constitution of India; and a writ of mandamus commanding the 7th respondent to appoint three persons from the existing Board of Directors of the Society to function as Administrative Committee, if in any circumstances the election is to take place after 11-1-2019.