STATE OF KERALA Vs. RAJAN

JUDGEMENT

(1.) THE underlying dispute involved in these Writ Appeals relates to the eligibility criteria for contesting election to the 'board of directors' of the Regional Co-operative Milk Producers Unions at Trivandrum and Ernakulam. An important question to be decided in these cases is whether the orders and directions issued by Agricultural Dairy Department of the Government of Kerala and the National Dairy Development Board governed by the National Dairy development Board Act, 1987 are binding on the three Regional Co-operative Milk producers Unions and the primary Milk Producers Cooperative Societies.

(2.) THE Chairman of the Trivandrum Regional Co-operative milk Producers Union Ltd. (for short 'the Union') Sri Nandiyodu B. Rajan filed o. P. No. 9529/99 praying to quash Ext. P6 order of the Secretary to Government, agriculture (Dairy) Department, Trivandrum dated 23. 3. 1999 directing to stick to the earlier stand that the minimum quantity of 200 litres per day average milk shall be supplied to the Unions as eligibility criteria for contesting elections to the Board of Unions. It is also prayed to quash Ext. P4 notice issued by the Dairy Director dated 30. 3. 1999 to show cause why the resolution dated 25. 3. 1999 amending the existing criteria shall not be rescinded under r. 176 of the Kerala Co-operative Societies Rules. THE petitioner also sought for a direction to the respondents not to interfere with Exts. P2 (a) and P3 decisions of the Union by which it was resolved to implement the resolution of the General body to refix 100 liters of milk per day by the member societies so as to qualify themselves to contest in the coming election to the Board of directors of the Union.

(3.) ALL the above three Writ Petitions, namely O. P. Nos. 9529,11127 and 12249 of 1999 along with O. P. No. 12194 of 1999 came up for hearing before the learned Single Judge. The learned judge after hearing passed a common judgment dated 10. 6. 1999 allowing O. P. Nos. 9529,11127 and 12249 of 1999 and dismissing O. P. No. 12194 of 1999. The order passed by the Director of dairy Development dated 9. 4. 1999 (Ext. P7 in OP No. 9529/99 and Ext. P8 in O. P. No. 11127/99) rescinding the resolution of the Thiruvananthapuram Union was set aside. The Court also directed the respondents to conduct election to the Board of Directors of the Thiruvananthapuram Union in accordance with the resolution of the Board of Directors dated 25. 3. 1999.