PALLICHAL FARMERS SERVICE CO-OPERATIVE BANK LTD Vs. STATE CO-OPERATIVE ELECTION COMMISSION, THIRUVANANTHAPURAM

JUDGEMENT

(1.) This writ petition has been filed by Pallichal Farmers Service Co-operative Bank Limited No.T.677 seeking to set aside Ext.P2 notification and to declare that the action of the Chief Election Commissioner cancelling the election to the Managing Committee of petitioner-Bank two days prior to the proposed date of polling for the reasons stated in Ext.P2, is illegal and unconstitutional. The petitioner has also sought consequential reliefs.

(2.) According to the petitioner, the petitioner-Bank is a major Service Co-operative Bank in Thiruvananthapuram District, which is being managed by a Board of Directors. The term of the Board was to expire on 01.07.2017. The election notification was published as per Ext.P1 dated 02.05.2017. The preliminary voters list was published on 11.05.2017. The last date for receiving objection in respect of the voters list was 18.05.2017. The final voters list was published on 20.05.2017. The aspiring candidates had to submit their nominations on 29.05.2017. The polling date was fixed as 18.06.2017.

(3.) While the election process was so going on, 2nd respondent issued Ext.P2 notification withdrawing Ext.P1 election notification. In Ext.P2, it has been stated that certain members have made complaints to the effect that Ext.P1 notification was not published in dailies having wide circulation in the area. The 2nd respondent stated that she has enquired with the Electoral Officer and the Bank Secretary and inspected the documents and has come to the conclusion that there is a prima facie truth in the complaint. On that basis, the 2nd respondent held that Rule 35A(3) of the Kerala Co-operative Societies Rules, 1969, was not adhered to by publishing Ext.P1 notification in two Malayalam dailies namely, Kerala Kaumudi and Chandrika. The 2nd respondent further found that the Chandrika daily has only nominal circulation in the area in question and the notification was published in a local page of Kerala Kaumudi daily, which was not circulated in the area where the members of the petitioner-Bank generally reside. Accordingly, Ext.P1 election notification has been withdrawn by the 2nd respondent.