IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN FRIDAY, THE 19TH SEPTEMBER 2008 / 28TH BHADRA 1930 WP(C).No. 23679 of 2008(R) --------------------------------------- PETITIONER: ------------------- K.R.REGHUNATHAN, AGED 54 YEARS, S/O.RAKHAVAN, EZHUVAMKODE VEEDU, THEKKUMBHAGOM P.O., SOUTH PARAVOOR, KOLLAM DISTRICT. BY ADV. SRI.V.VENUGOPALAN NAIR. RESPONDENTS: ----------------------- 1. THE S.N.R.V.C. BANK LTD. NO.Q-1685, SOUTH PARAVOOR P.O., KOLLAM DISTRICT, REPRESENTED BY ITS SECRETARY. 2. THE REGISTRAR OF CO-OPERATIVE SOCIETIES, THIRUVANANTHAPURAM. 3. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES, CIVIL STATION, KOLLAM. 4. THE VIGILANCE OFFICER, OFFICE OF THE REGISTRAR OF CO-OPERATIVE SOCIETIES, THIRUVANANTHAPURAM. R2 TO R4 BY GOVERNMENT PLEADER SRI. I.V. PRAMOD, R1 BY ADV. SRI.B.SURESH KUMAR. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19/09/2008,ALONG WITH W.P.(C). NOS. 24280/2008 & 24674/2008 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. THOTTATHIL B.RADHAKRISHNAN, J. ------------------------------------------- W.P(C).Nos.23679, 24280 & 24674 OF 2008 ------------------------------------------- Dated this the 19th day of September, 2008 JUDGMENT W.P(C).23679/08 is filed by a member of the S.N.V.R.C. Bank Ltd., a co-operative society, seeking a direction to refer a complaint to the Vigilance Officer for conducting a proper enquiry and investigation by that officer and to have a time bound completion of that enquiry. The further direction sought for in that case is appropriate action to have all ineligible members removed from the electoral roll. 2. W.P(C).24674/08 is filed by two members of the society seeking a direction to take immediate action to remove ineligible members from the membership of the respondent society and for a direction not to permit the society to conduct the ensuing election based on the voters' list without removing ineligible members. 3. W.P(C).24280/08 is filed by the President of the society, challenging the decision dated 2.8.2008 issued by the Joint WPC.23679/08 & con. cases Page numbers Registrar, requiring the society to remove all ineligible members and report within one week. That writ petition is filed by the President of the society on the premise that the attempt by the issuance of Ext.P3 therein is only to torpedo the continuance of the committee in office and it is quite impossible to have the entire exercise carried out, as directed, within a period of one week. 4. In W.P(C).24280/08, at the stage of admission, an interim order was issued on 12.8.2008, directing that while the petitioner may take necessary action following Ext.P3, no action shall be taken against the petitioner on account of non- completion of proceedings directed as per Ext.P3, until further orders. The matter was listed after 45 days. It is during the pendency of that writ petition, that W.P(C).24674/08 has been filed, virtually supporting W.P(C).23679/08. 5. As of now, the fact remains that the committee in office had drawn up the necessary resolutions to have the election to the committee conducted in terms of the Act and Rules. The Co- WPC.23679/08 & con. cases Page numbers operative Election Commission has started its proceedings and the Electoral Officer has to follow up the action. As already noticed, the primary complaint in W.P(C).23679/08 and W.P(C). 24280/08 are regarding the continuance of ineligible members in the list of voters. There are some other allegations regarding corruption etc. But the fact remains that, as already noticed, the pivotal contention revolves on the allegation of continuance of large number of ineligible members. 6. Following the aforesaid direction issued by this Court in W.P(C).24280/08, the Secretary of the society has undertaken an exercise, whereby, they have identified people who could be treated as ineligible, the criteria being that they are residing away from the area of operation of the society. But, what is crucial is that the election to the committee need not be withheld or dragged on merely on an allegation of ineligible people being in the voters' list. This is for the simple reason that the final voters' list is not yet published. All that the committee draws up as a prelude for the election, apart from resolution, would be the listing of eligible members which will be made available to the WPC.23679/08 & con. cases Page numbers Electoral Officer, who is duty bound to publish it in the notice board of the Bank as enjoined by law, which publication, in turn, will provide opportunity for any person to object to that list. Such opportunity will include an opportunity for the petitioners in W.P(C).24674/08 and W.P(C).23679/08 to state before the Electoral Officer regarding the ineligible status of any among the members. As laid down by this Court, it is well within the powers of the Electoral Officer to look into such objections also, because, removal from membership and treating a member as ineligible to vote are two different things. Therefore, the petitioners in those cases have an efficacious alternate remedy to object to the presence of people who are allegedly ineligible, in the list. However, even if the election is over, if any person is aggrieved by the results, they can carry it in the from of an election dispute within the format of Section 69 of the Kerala Co- operative Societies Act, 1969. 7. This leads to the situation created by Ext.P3 in W.P(C). 24280/08. By the interim order granted in that case at the stage of admission, that order remains in virtual suspension from WPC.23679/08 & con. cases Page numbers being enforced, except to ensure that necessary action follows. There could be no further action against the committee merely on account of that document. 8. Ends of justice require that the democratic institution has to function in terms of the Act and Rules and election has to be held. There could be no two views on this matter. In the aforesaid circumstances, the following directions are issued: (i) Ext.P3 in W.P(C).24280/08 will have to be governed by the interim order passed in that case on 12.8.2008, which is hereby ordered to be a final one. (ii) The official respondents will ensure that election to the committee of the society is duly held in terms of the resolution drawn and forwarded by the committee of the society. (iii) In that electoral process, the competent authority will consider any objection raised to the continuance of any person as member, to the extent of their ineligibility to vote in the election. WPC.23679/08 & con. cases Page numbers Subject to the aforesaid, all contentions of parties in relation to ineligibility etc. are preserved to be agitated before the competent authority, viz., the Electoral Officer or before the Arbitrator in any election dispute, as stated above. The writ petitions are ordered accordingly. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge kkb.