IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 29TH SEPTEMBER 2011 / 7TH ASWINA 1933 WP(C).No. 25777 of 2011(V) -------------------------- PETITIONER(S): ------------------------- 1. C.K.RAJENDRAN, PRESIDENT, KERALA STATE CO-OPERATIVE AGRICULTURAL AND RURUAL DEVELOPMENT BANK LTD, THIRUVANANTHAPURAM, RESIDING AT KARUMANASSERY HOUSE, KIZHAKKANCHERY P.O., PALAKKAD DISTRICT. 2. K.M.JOSEPH, VICE PRESIDENT, KERALA STATE CO-OPERATIVE AGRICULTURAL AND RURUAL DEVELOPMENT BANK LTD, THIRUVANANTHAPURAM, RESIDING AT KONNAKKAL HOUSE, KUDIYANMALA, TALIPARAMBA, KANNUR DISTRICT. BY ADV. SRI.N.N.SUGUNAPALAN, SENIOR ADVOCATE SRI.S.SUJIN RESPONDENT(S): ----------------------- 1. STATE OF KERALA , REPRESENTED BY THE DEPARTMENT OF CO-OPERATION,SECRETRIAT, THIRUVANANTHAPURAM-695 001. 2. THE REGISTRAR OF CO-OPERATIVE SOCIETIES, THIRUVANANTHAPURAM-695 001. 3. B.SAGARLAL, ASSISTANT REGISTRAR, PLANNING SECTION, OFFICE OF THE CO-OPERATIVE JOING REGISTRAR (GNERAL), THIRUVANANTHAPURAM (OFFICER AUTHORISED BY REGISTRAR TO PRESIDE IN THE MEETING OF KERALA STATE CO-OPERATIVE AGRL.AND RURAL DEVLOPMENT BANK LTD, THIRUVANANTHAPURAM. 4. CO-OPERATIVE ELECTION COMMISSION, THIRUVANANTHAPURAM-695 001. 5. KERALA STATE CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK LTD,THIRUVANANTHAPURAM, STATUE JUNCTION, REPRESENTED BY ITS MANAGING DIRECTOR. WPC NO.25777/11 -2- 6. SOLOMON ALEX, ALEX COTTAGE, PALLOOR KONAM, PARASSALA P.O., THIRUVANANTHAPURAM-695 502. 7. K.K.JINNAS, JILSILA COTTAGE, ULIYANNOOR P.O., ALUVA,ERNAKULAM DISTRICT. 8. K.K.MATHEW, KAKKATTU HOUSE, SANTHANAPARA P.O., IDUKKI DISTRICT-685 619. 9. B.SANKARANARAYANAN, BANGLAN HOUSE, N.H.COLONY, ARIMBRA P.O., KONDOTTY VIA, MALAPPURAM DISTRICT-673 638. ADV. SRI.P.U.SHAILAJAN,SC,KSCOA&RDB LTD. FOR R5 SR.GOVT.PLEADER SRI.SOMASUNDARAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29/09/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) No.25777/11 APPENDIX PETITIONERS' EXHIBITS EXHIBIT P1. TRUE COPY OF THE BYE LAW OF THE KERALA STATE CO- OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK LTD, THIRUVANANTHAPURAM. EXHIBIT P2. TRUE COPY OF THE GOVERNMENT ORDER DATED 21.11.2003. EXHIBIT P3. TRUE COPY OF THE FINAL VOTERS LIST FOR THE ELECTION FOR THE DIRECTOR BOARD OF K.S.C.A.R.D BANK. EXHIBIT P4. TRUE COPY OF THE INTERIM ORDER DATED 4.3.2009 IN W.A 421/2009 AND CONNECTED CASES. EXHIBIT P5. TRUE COPY OF THE RESULTS PUBLISHED BY THE RETURNING OFFICER. EXHIBIT P6. TRUE COPY OF THE REPORT SUBMITTED BY THE RETURNING OFFICER. EXHIBIT P7. TRUE COPY OF THE ORDER ISSUED BY THE 2ND RESPONDENT. EXHIBIT P8. TRUE COPY OF ORDER ISSUED BY THE 2ND RESPONDENT. EXHIBIT P9. TRUE COPY OF THE NOTICE ISSUED BY 3RD RESPONDENT CONVENING THE DIRECTOR BOARD MEETING. EXHIBIT P10. TRUE COPY OF THE NOTICE ISSUED BY 3RD RESPONDENT CONVENING THE DIRECTOR BOARD MEETING. EXHIBIT P11. TRUE COPY OF THE ORDINANCE NO.45/2011. EXHIBIT P12. TRUE COPY OF THE LETTER SUBMITTED BY THE IST PETITIONER DATED 24.09.2011. EXHIBIT P13. TRUE COPY OF THE LETTER SUBMITTED BY THE 2ND PETITIONER DATED 24.09.2011. /TRUE COPY/ PA TO JUDGE Rp ANTONY DOMINIC, J. ================ W.P.(C) NO. 25777 OF 2011 ===================== Dated this the 29th day of September, 2011 J U D G M E N T The prayers in the writ petition read as under:- “i) A writ of mandamus or other appropriate writ or order or direction, directing the respondents 2 and 3, not to consider as valid, the votes of respondents 6 to 9 in the No Confidence Motion against the petitioners- President and Vice President, respectively, in the Director Board Meetings of the Kerala State Co-operative Agricultural and Rural Development Bank Ltd., Thiruvananthapuram held on 26.9.11 and also direct them to declare that the No Confidence Motion is defeated. ii) To declare that, the result of the No Confidence Motion against the petitioners, in the meeting of the Board of Directors of the Kerala State Co-operative Agricultural and Rural Development Bank Ltd., Thiruvananthapuram held on 26.9.11 is illegal and void and set aside the same. iii) A writ of mandamus or other appropriate writ or order or direction, directing the respondents 2 and 5 not to allow the respondents 6 to 9 to participate in the future meetings of the Directors of the Kerala State Co- operative Agricultural and Rural Development Bank Ltd., Thiruvananthapuram.” 2. Petitioners were the President and Vice President of the Kerala State Co-operative Agricultural and Rural Development Bank, an Apex Society as registered under the Kerala Co- operative Societies Act. It appears that respondents 6 to 9 and other members of the Board of the rival faction, moved a no WPC No. 25777/11 :2 : confidence against the petitioners and thereupon by Exts.P7 and P8, the 2nd respondent appointed the 3rd respondent to convene meeting of the Board of Directors to consider the no confidence motion. Accordingly, the 3rd respondent issued Exts.P9 and P10 notices convening meeting on 26/9/11 at 11. a.m and 2 p.m. Accordingly, no confidence was considered in the meetings thereby petitioners were ousted from the office. 3. The aforesaid prayers are sought in this writ petition on the basis that in Ext.P4 common interim order passed in writ petitions and appeals challenging Ext.P3 voters list, which was prepared for the election to the Board of Directors held in 2009, where the inclusion of representatives of Kuttanad, Kodungalloor and Sulthan Bathery Societies was disputed and this court directed that the votes of representatives of those Banks in the election be kept separately and shall not be counted. It is stated that when Exts.P9 and P10 were issued convening the meeting on 26/9/11, WP(C) No.24767/11 was filed by the petitioners herein with the following prayer:- “i) A writ of mandamus or other appropriate writ or order or direction, directing the respondents 1 and 2 to keep the votes casted by respondents 3 to 6 in the no confidence motion moved against the petitioners 1 and 2 as the President and Vice President of the Kerala State Co- WPC No. 25777/11 :3 : operative Agricultural and Rural Development Bank Ltd, Thiruvananthapuram, scheduled to be considered as per Exts.P7 and P8, on 26.9.11, in a separate box and to count their votes after the disposal of Writ Appeals No.421/09, 422/09, 423/09 and Writ Petitions No.5109, 5141, 5487 and 6532/2009 pending before this Hon'ble Court.” 4. According to the petitioners, when the aforesaid writ petition was considered along with the cases in which Ext.P4 order was passed and that those cases were dismissed as infructuous in view of Ext.P11 ordinance No.45/11, by which Clauses o(c) of Section 2 of the Kerala Co-operative Societies Act was substituted. This was by judgment dated 23.9.11. It is stated that thereupon WP(C) No.24767/11 was also closed as infructuous. 5. The contention of the petitioners is that with the disposal of the cases in which Ext.P4 interim order was passed, the interim order also ceased to be in force and therefore, those three votes are also liable to be counted and on that basis, 2009 election results are to be reviewed. It is stated that if that was done, respondents 6 to 9 would have been defeated in the election and if that had happened, the outcome of the no confidence motion also would have been in their favour. It is on that basis the prayers in the writ petition are now sought for. 6. Though this argument would appear to be impressive, I WPC No. 25777/11 :4 : am unable to accept the contention. The aforesaid three societies involved in Ext.P4 order itself had challenged Ext.P11 Ordinance, as a result of which, they lost their very registration. In those writ petitions, an interim order was passed by this Court on 26th of August, 2011 holding that prima facie, the Ordinance was intended to set at naught the registration of the 6 societies mentioned in Ext.P2 Government Order, which includes the aforesaid societies also. This order of the learned Single Judge was confirmed by a Division Bench of this Court in its judgment in WA No.1322/11, which was also filed by the societies. Therefore, in view of Ext.P11 Ordinance and the interim order, which was confirmed by the Division Bench, the very registration of the societies stood revoked, which means that it is as if the societies were never in existence. If that be so, the petitioners cannot now contend that the votes cast by the representatives of those societies should be now taken up and counted and on that basis the outcome of 2009 election should be reworked. This conclusion of mine stands reinforced in view of Section 28(1D) to the Co-operative Societies Act introduced by Ext.P11 ordinance, which reads as under:- “(1D) Notwithstanding anything contained in this Act, the registration of any new Primary Co-operative Agricultural and Rural Development Bank without the WPC No. 25777/11 :5 : bifurcation of area, assets and liabilities of an existing society and the constitution of the Committee shall be void and the Registrar shall appoint Special officer for each of such societies.” 7. Therefore, the petitioners cannot now seek assistance of this Court for granting the prayers in the writ petition. 8 . Learned counsel for the petitioners contended that if the aforesaid is the conclusion in so far as the three societies are concerned, the same reasoning should apply in so far as the societies at Vaikom and Kunnathunadu, which were also registered as Ext.P2 Government Order. However, though the respondents also accept that these two societies also had participated in the 2009 election, it is pointed out that there is no member of the Director Board from the aforesaid two societies, who participated in the meeting held on 26/9/11. Further, in so far as the 2009 election is concerned, this Court will not be justified in making any pronouncement in this writ petition as none of the prayers are in relation to the validity or otherwise of the 2009 elections. Writ petition therefore fails and is dismissed. ANTONY DOMINIC, JUDGE Rp