PRESIDENT TIRUVALLA EAST CO OPERATIVE BANK LIMITED Vs. RETURNING OFFICER TIRUVALLA EAST CO OPERATIVE BANK LIMITED

JUDGEMENT

(1.) Main question to be decided in these cases is regarding the interpretation of Rule 26 of the Kerala Co-operative Societies Rules, 1969 (hereinafter referred to as 'the Rules'). All these cases arise out of the decision of the Returning Officer during the election to the managing committee of Tiruvalla East Co-operative Bank Limited (hereinafter referred to as 'the Bank') registered under the Kerala Co-operative Societies Act, 1969 (hereinafter referred to as 'the Act') that in view of Rules 26 and 28 as interpreted by this Court in Vijayakumar v. Joint Registrar, (1996) 1 Ker LT 285 : (AIR 1996 Kerala 150), members admitted within a period of 90 days of the election cannot participate in the election. The Returning Officer removed names of 1951 members from the voters list without issuing any notice to them by a one line order dated 5-2-1999.

(2.) President of the Bank challenged the proceedings of the Returning Officer (Ext. P5) by filing O.P. No. 3762/99. The learned Single Judge who admitted the above O.P. was of the opinion that the question raised regarding the eligibility to vote by members who were admitted within 90 days of the election has to be considered in detail. But, to safeguard the interests of both sides, an interim direction was made on 23-2-1999 as follows :

(3.) As directed in the order dated 23-2-1999 election was conducted and polling was done in three separate ballot boxes - one for the undisputed voters, second for casting votes of members shown in Ext. P5 excluding members 50881 to 51207 and third one for members 50881 to 51207 who were admitted as members as per the resolution dated 28-12-1998. Election notification was dated 29-1-1999 and date of election was 27-2-1999. After counting of the votes a report was filed before this Court by the Returning Officer showing the votes polled by each candidate with a statement. Thereafter, the matter came up during vacation, for declaration of result and it came up before us. We have noticed that if disputed votes are also counted it may affect only two candidates. In other words, out of the eleven candidates result of the nine candidates can be declared without any problem as they got majority votes in all the ballot boxes. Main question cannot be finally decided by vacation Court. We had directed the Returning Officer to declare the result provisionally taking the undisputed votes without counting the votes kept in box Nos : 2 and 3. By order dated 20-4-1999 in C.M.P. No. : 1945/1999 in Writ Appeal No. 786 of 1999 and C.M.P. No. 16510/99 in O.P. No. 3762/99, we have directed as follows :