IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN FRIDAY, THE 28TH OCTOBER 2011 / 6TH KARTHIKA 1933 WP(C).No. 21541 of 2011(P) -------------------------- PETITIONER(S): --------------- KOZHIKODE PRIMARY CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK LTD. NO.4362,PUTHIYARA PO,KOZHIKODE 673 004, REP.BY ITS SECRETARY. BY ADV. SRI.T.A.SHAJI RESPONDENT(S): --------------- 1. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES, (GENERAL), KOZHIKODE,PIN 673 001. 2. STATE OF KERALA,REP.BY THE SECRETARY TO GOVERNMENT, DEPARTMENT OF CO-OPERATION, GOVERNMENT SECRETARIAT,THIRUVANANTHAPURAM, PIN 695 001. BY SPL. GOVERNMENT PLEADER SRI.D.SOMASUNDARAM THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 28/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 21541 of 2011(P) APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE ORDER DTD.14.12.2000 EXT.P2: COPY OF THE RESOLUTION DTD.25.4.2011 EXT.P3: COPY OF THE RESOLUTION DTD.24.5.2011 EXT.P4: COPY OF THE COMMUNICATION DTD.30.6.2011 EXT.P5: COPY OF THE REPLY DTD.9.7.2011 EXT.P6: COPY OF THE JUDGMENT DTD.22.11.2010 IN W.A.NO.1497 OF 2010 RESPONDENT'S EXHIBITS: NIL //TRUE COPY// P.A TO JUDGE ab P.N.RAVINDRAN, J ------------------------------------------------- W.P(C) No.21541 of 2011 -------------------------------------------------- Dated this the 28th day of October, 2011 J U D G M E N T The petitioner, a co-operative society registered under the Kerala Co-operative Societies Act, 1969 has filed this writ petition challenging Ext.P4 letter dated 30.6.2011 sent by the Joint Registrar of Co-operative Societies (General), Kozhikode to its Secretary, whereby he directed the petitioner society to keep in abeyance the steps taken by it to fill up four vacancies of Peon. The Managing Committee of the petitioner society presently in office was elected on 28.8.2010. That election was set aside by a learned single Judge of this Court in W.P(C) No.25624 of 2010. On appeal, by Ext.P6 judgment a Division Bench of this Court modified the judgment of the learned single Judge and directed the petitioner society to convene a general body meeting for the purpose of amending its bye-laws to make it conform to section 28A of the Act as amended and to fix the constituencies for women. This Court also directed that if the reserved constituencies fixed for women are different from the constituencies where from they are returned as of now to the W.P(C) No.21541 of 2011 2 committee, then the election will stand cancelled and will be re- notified in accordance with the amended bye-laws. The Division Bench also directed that if the constituency from which women candidates have now been elected are reserved for women, the elections will be treated as valid. The correctness of the said judgment is under challenge before the Apex Court. It is because of this fact the that Joint Registrar of Co-operative Societies directed in Ext.P4 letter that the steps taken to fill up four posts of Peon should be kept in abeyance. The main contention raised by the petitioner is that even assuming that the fate of the election held on 28.8.2010 depends on the out come of the Special Leave Petition pending in the Apex Court, it cannot affect the steps taken by the petitioner society to fill up four vacant posts of Peons. It is contended that as per the approved staff pattern of the bank, nine posts of Peons have been sanctioned out of which four posts have fallen vacant and therefore no further permission of the department is required to fill up the said vacancies. 2. I heard Sri.T.A.Shaji, the learned counsel appearing for the petitioner and Sri.D.Somasundaram, the learned Special Government Pleader appearing for the respondents. W.P(C) No.21541 of 2011 3 Sri.D.Somasundaram, the learned Special Government Pleader appearing for the respondents very fairly submitted that the stand taken by the first respondent in Ext.P4 cannot be sustained. In such circumstances, as no reason other than the challenge to the election is put forward in Ext.P4, I am of the opinion that the petitioner is entitled to succeed. I accordingly allow the writ petition, set aside Ext.P4 and permit the petitioner society to proceed with and complete the selection process in accordance with the terms and stipulations contained in circulars issued by the Registrar of Co-operative Societies from time to time. It will be open to the first respondent to monitor the selection process for the purpose of ascertaining whether the guidelines laid down by the Registrar of Co-operative Societies in the various circulars issued by him are being followed. P.N.RAVINDRAN JUDGE ab