IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN FRIDAY, THE 25TH JANUARY 2008 / 5TH MAGHA 1929 WP(C).No. 342 of 2008(N) ------------------------------------ PETITIONER: ------------------- ADV. C.GOPALAKRISHNAN NAIR, S/O. K.S. CHANDRASEKHARAN NAIR, AGED 51 YEARS, FORMER PRESIDENT, ANANTHAPURAM CO-OPERATIVE SOCIETY LTD. NO.T-184, KAITHAMUKKU, TRIVANDRUM. BY ADV. SRI.K.RAMAKUMAR (SR.), SRI.R.JAYACHANDRAN, SMT.SMITHA GEORGE, SRI.M.H.HANIS, SRIMANU TOM, SRI.T.RAMPRASAD UNNI. RESPONDENTS: ----------------------- 1. THE PART TIME ADMINISTRATOR, THE ANANTHAPURAM CO-OPERATIVE SOCIETY LTD.NO.T.184 KAITHAMUKKU, THIRUVANANTHAPURAM. 2. THE ANANTHAPURAM CO-OPERATIVE SOCIETY LTD.NO.T.184, KAITHAMUKKU, THIRUVANANTHAPURAM, REPRESENTED BY ITS SECRETARY. 3. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL), THIRUVANANTHAPURAM. R3 BY GOVT. PLEADER SMT. ANU SIVARAMAN, R2 BY ADV. SRI.GEORGE POONTHOTTAM. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25/01/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B. RADHAKRISHNAN, J. = = = = = = = = = = = = = = = = = = = = = = = = WP(C).No.342 of 2008-N = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 25th day of January, 2008. JUDGMENT 1.Heard the learned senior counsel for the petitioner, Adv.Sri.George Poonthottam on behalf of the second respondent and the learned senior Government Pleader for the 3rd respondent. Having regard to the nature of the orders being issued hereunder, notice to the first respondent is dispensed with preserving his right to move this Court to review this judgment, if aggrieved. 2.There were some controversies regarding certain documents which were shown to be resignation letters of some of the members of the committee of the second respondent society. Based on those letters, it was treated as a case where the WP(C)342/2008 -: 2 :- quorum of the committee failed. It was accordingly that a part-time Administrator was appointed as per Ext.P1. It is stated that the term of the Administrator has been enlarged by later on. With the passage of time, it has to be noticed that the only ground for the appointment of the Administrator was the lack of quorum and it will not be in the interest of a democratic institution like a co-operative society to continue such a situation for long. It is not a case where the committee has been superseded for any other ground under the Kerala Co-operative Societies Act. Under such circumstances, I find considerable force in the petitioner's case that the election to the committee of the society cannot be held back. Hence, this writ petition is disposed of directing the third and first respondents to ensure that the election to the committee of the society is declared at the earliest, at any rate, within a period of three weeks from the date of receipt of a copy of this judgment. It shall be further ensured that the WP(C)342/2008 -: 3 :- election is held and results declared within an outer limit of three months. THOTTATHIL B. RADHAKRISHNAN, JUDGE. Sha/