IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN MONDAY, THE 3RD OCTOBER 2011 / 11TH ASWINA 1933 WP(C).No. 25796 of 2011(Y) ------------------------------------ PETITIONER(S): ----------------------- M.RAJENDRAN, NO.12/646,RAJ BHAVAN,JAWAHAR ROAD, KOCHI-682 002. BY ADV. SRI.O.D.SIVADAS RESPONDENT(S): ------------------------- 1. THE MATTANCHERRY MAHAJANIK CO-OPERATIVE URBAN BANK LTD;NO.665,PALLIYARAKAVU ROAD, MATTANCHERRY,KOCHI-682 002, REPRESENTED BY THE GENERAL MANAGER. 2. THE GENERAL MANAGER, MATTANCHERRY MAHAJANIK CO-OPERATIVE URBAN BANK LTD;NO.665,PALLIYARAKAVU ROAD, MATTANCHERRY,KOCHI – 682 002. 3. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES,ERNAKULAM – 682 011. 4. THE CO-OPERATIVE ELECTION COMMISSION, THIRUVANANTHAPURAM – 695 001. 5. THE ELECTORAL OFFICER, THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES, (GENERAL),CIRCLE OFFICE, KOCHI – 682 002. 6. THE RETURNING OFFICER, THE UNIT INSPECTOR, OFFICE OF THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES, (GENERAL),KOCHI – 682 002. 7. M.ARAVINDAKSHAN NAIR, S/O.V.GOPALAN NAIR, BUILDING NO.VI/249 (NEW NO.VI/275) NEAR C.T.O. AANVATHIL,KOCHI 682 002. 8. B.S.RAMESH,X/194 NEW NO.X/201),J.D.NORTH STREET,FORT KOCHI – 682 001. 9. URSULA LENIN,KALIYATH HOUSE, BUILDING NO.XVII/204, MUNDAMVELI,KOCHI 682 007. 10. A.P.KALYANASUNDARAM,VI/1158 (NEW NO.VI/1209) KOTTUKULAM ROAD, KOCHI – 682 002. R3, R5 AND R6 BY GOVT. PLEADER SRI.G. GOPAKUMAR BY ADV. SRI.GEORGE POONTHOTTAM, SC., FOR R4 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: DS WP(C).No. 25796 of 2011(Y) APPENDIX PETITIONER(S) EXHIBITS: EXT.P1 TRUE COPY OF THE ORDER ISSUED BY THE 3RD RESPONDENT DATED 4/3/2008. EXT.P2 TRUE COPY OF THE ORDER ISSUED BY THE ADDITIONAL SECRETARY,CO-OPERATIVE DEPARTMENT, THIRUVANANTHAPURAM DATED 24/09/2009. EXT.P3 TRUE COPY OF THE ORDER ISSUED BY THE 3RD RESPONDENT DATED 1/10/2009. EXT.P4 TRUE COPY OF THE JUDGMENT IN W.P(C) NO.28629 OF 2009 DATED 24/03/2010. EXT.P5 TRUE COPY OF THE JUDGMENT IN W.A.NO.579 OF 2010 DATED 31/03/2010. EXT.P6 TRUE COPY OF THE ELECTION NOTIFICATION ISSUED BY THE 4TH RESPONDENT DATED 26/08/2011. RESPONDENTS' EXHIBITS: NIL /TRUE COPY/ PA TO JUDGE DS P.N.RAVINDRAN, J. --------------------------- W.P.(C) No. 25796 OF 2011 -------------------------- Dated this the 3rd day of October, 2011 J U D G M E N T Ext.P6 notification issued by the fourth respondent on 17.8.2011 proposing to hold elections to the managing committee of the first respondent co-operative society is under challenge in this writ petition. The petitioner also seeks a declaration that respondents 7 to 10 who are members of the managing committee of the first respondent society have no right to contest in the elections till the order disqualifying them to continue as members of the managing committee is set aside in appropriate proceedings. The brief facts of the case are as follows: 2. Pursuant to an enquiry conducted under section 65 of the Kerala Co-operative Societies Act, 1969 (hereinafter referred to as 'the Act' for short) proceedings were initiated under section 68(2) of the Act to surcharge nine members of the managing committee of the first respondent co-operative society who were in office during the period ending with 12.10.2006. An order of surcharge evidenced by Ext.P1 was thereupon passed on 1.10.2009. Four out of the nine members (respondents 7 to 10 herein) who were surcharged contested in the elections held on 8.10.2006 and were re-elected for a further term of 5 years on 13.10.2006. The term of the said WPC No.25796/2011 2 committee is to expire on 12.10.2011. All the 9 members who were surcharged remitted the sum of Rs.6,23,165/- under protest and challenged the order of surcharge in appeal before the Government. By Ext.P2 order that appeal was rejected. Consequently proceedings were initiated to disqualify respondents 7 to 10 herein and that culminated in Ext.P3 order dated 1.10.2009. Consequent on the order of disqualification, an Administrator was also appointed. The order of surcharge, the appellate order confirming it and the order disqualifying the members of the managing committee were challenged in W.P.(C) Nos. 28629 & 30184 of 2009. By Ext.P4 judgment delivered on 24.3.2010, a learned single Judge of this Court interfered with the order of surcharge and disqualification, directed the management to hand over charge of the Board of Directors of the third respondent society to the elected committee. The State of Kerala, the Registrar of Co-operative Societies and the Joint Registrar of Co- operative Societies carried the matter in appeal. By Ext.P5 judgment delivered on 31.3.2010, a Division Bench of this Court set aside Ext.P4 judgment and directed reconsideration of the writ petition. The Division Bench also directed that the management of the society will continue with the elected Board of Directors until the disposal of the writ petition, that the impugned orders will stand stayed for a period of WPC No.25796/2011 3 three months and that it will be open to the learned single Judge hearing the writ petition to extend the interim orders, if the writ petition is not disposed of within three months. It is not in dispute that pursuant to the said judgment, the learned single Judge before whom the writ petition stood posted for hearing extended the interim order until further orders on 2.7.2010. It is in the background of these facts that the instant writ petition has been filed challenging the election notification and seeking a declaration that respondents 7 to 10 are not eligible to contest in the elections. 3. It is evident from Ext.P5 judgment itself that the administration of the society was given back to the elected managing committee and the impugned orders were stayed. That the order of stay is still in force. This Court did not by Ext.P6 judgment restrict the elected Board of Directors from administering the society or from carrying out its day to day activities. The term of the committee which was elected on 8.10.2006 and assumed office on 13.10.2006 will expire on 12.10.2011. In the absence of any direction in Ext.P5 judgment, the managing committee was competent to resolve to hold elections and to take steps to conduct the elections. The challenge to Ext.P6 notification is in my opinion misconceived and without any merit. As regards the alleged disqualification of respondents 7 to 10, WPC No.25796/2011 4 in the light of the interim order passed by this Court in W.P.(C) Nos. 28629 & 30184 of 2009 it cannot be said that the order of surcharge and the order disqualifying them operates with full efficacy. That apart, respondents 7 to 10 have though under protest remitted the sum of Rs.69,240.55 for which each of them was surcharged. Such being the situation, it cannot be said that Exts.P1, P2 and P3 orders operate with full efficacy. I therefore find no grounds to entertain the writ petition. The writ petition fails and is accordingly dismissed. P.N.RAVINDRAN, (JUDGE) vps