IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN FRIDAY, THE 4TH APRIL 2008 / 15TH CHAITHRA 1930 WP(C).No. 11593 of 2008(E) -------------------------- PETITIONER: ------------ 1. THEVAN AYYAPPAN, S/O.THEVAN, PUTHENPURAYIL HOUSE, P.O.KOTTAPPADY, ERNAKULAM DISTRICT. 2. P.V.MATHAI, PULLANTHIKATTU HOUSE, P.O.AYROOPADAM, KOTTAPPADY, ERNAKULAM DISTRICT. 3. M.K.ELDHO, MATTAMANA HOUSE, P.O.KOTTAPPADY, ERNAKULAM DISTRICT. BY ADV. SRI.P.V.BABY SRI.R.KIRAN RESPONDENTS: ------------- 1. KOTTAPPADYEAST SERVICE CO-OPERATIVE BANK LTD.NO.E.152, AYROORPADAM P.O. KOTHAMANGALAM, ERNAKULAM DISTRICT, REPRESENTED BY ITS SECRETARY. 2. RETURNING OFFICER/SPECIAL SALE OFFICER, POTHANICAUD FARMERS' CO-OPERATIVE BANK GROUP, OFFICE OF THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL), KOTHAMANGALAM. 3. ELECTORAL OFFICER/ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL), KOTHAMANGALAM. 4. ELDHO PAUL, CHENNATUKUDY HOUSE, P.O.AYROOPADAM, KOTTAPPADY, ERNAKULAM DISTRICT. 5. KERALA CO-OPERATIVE ELECTION COMMISSION, THIRUVANANTHAPURAM. BY SR.GOVT.PLEADER ANU SIVARAMAN R1 TO R5 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04/04/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B. RADHAKRISHNAN, J. = = = = = = = = = = = = = = = = = = = = = = = = WP(C).No.11593 of 2008-E = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 4th day of April, 2008. JUDGMENT “CR” 1.Petitioners are members of the first respondent society. According to them, the committee that was in office lost quorum on 27-3-2007 and the society came to be managed by an administrative committee which decided to conduct election on 20-4-2008. It is the allegation of the petitioners that the committee that lost quorum on 27-3-2007 had, while in office, decided to admit 650 persons as members, however that, no amount towards share value was remitted by those persons until that committee ceased to be in office on 27-3-2007. This writ petition is filed challenging the inclusion of those persons in the voters' list as members eligible to vote. 2.A reading of Sections 16, 18 and 19 of the Kerala WP(C)11583/2008 -: 2 :- Co-operative Societies Act, 1969 would show that membership depends upon the decision of a committee to admit a person as a member of the society. Such membership does not depend upon payments to the society in respect of membership. The use of the words “applicant” and “person” in Section 16 contrasted with the use of the word “member” in Section 19, easily leads to this conclusion. Rule 20 of the Kerala Co-operative Societies Rules, 1969 prescribes the payments to acquire the rights of a member and Section 19 of the Act inhibits exercise of rights of a member unless he has made such payments in respect of membership, as may be prescribed by the rules or the bye-laws. Rule 28 imposes a restriction that no member of a society shall be eligible to vote unless he acquires the number of shares for membership, as may be provided in the bye-laws of the society, prior to the date of the meeting fixed for any election to the committee. 3.Having regard to the aforesaid position of law, WP(C)11583/2008 -: 3 :- the question whether the 650 persons mentioned of in the writ petition were entitled to vote in the election in question is a mixed question of law and fact and it is not advisable to adjudicate on the same in writ jurisdiction, that too, in a manner interfering with the conduct of election. For the aforesaid reasons, this writ petition is dismissed preserving the right, if any, of the petitioners to raise all questions in any election dispute in terms of the Kerala Co- operative Societies Act and Rules before the competent authority, if so advised. THOTTATHIL B. RADHAKRISHNAN, JUDGE. Sha/