IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 2ND JULY 2009 / 11TH ASHADHA 1931 RP.No. 624 of 2007(F) --------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.22737/2006 .................... REVIEW PETITIONER(S): RESPONDENTS: ------------------------------------------------ 1. THE KERALA STATE CO-OPERATIVE ELECTION COMMISSION, TRIVANDRUM REPRESENTED BY ITS SECRETARY. 2. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL), TRIVANDRUM. BY SPL.GOVERNMENT PLEADER SMT.A.G.ANEETHA RESPONDENT(S): PETITIONER: ------------------------------------ THE BOARD OF DIRECTORS OF MANANTHAVADY PANCHAYATH PRIMARY AGRL.CREDIT CO-OPERATIVE SOCIETY LTD. NO. W 277, P.O.MANANTHAVADY, WAYANAD REPRESENTED BY ITS PRESIDENT SILVY THOMAS. ADV. SRI.V.G.ARUN THIS REVIEW PETITION HAVING BEEN FINALLY HEARD ON 12/06/2009, THE COURT ON 02/07/2009 PASSED THE FOLLOWING: ANTONY DOMINIC, J. ================ R.P.NO. 624 OF 2007 IN W.P.(C) NO. 22737 OF 2006 (F) ===================== Dated this the 2nd day of July, 2009 O R D E R Review petition is filed by the respondents in WP(C) No.22737/06, which was disposed of, by judgment dated 11.9.2006, directing that the review petitioners shall take steps for conducting election to the Managing Committee of the writ petitioner society. Review is sought on the ground that the present membership of the society is less than 25, the minimum required under Section 6 of the Kerala Co-operative Societies Act and therefore election cannot be conducted. 2. A reading of the Section 6 of Kerala Co-operative Societies Act show that the minimum required membership for registration of a society is 25. Fall in membership below the prescribed minimum is a ground available to the Registrar to initiate proceedings for winding up of the society in terms of the provisions contained in Section 71(2) (a) of the Kerala Co- operative Societies Act. But however, until the process of winding up is initiated, the Society continues to exist as a juristic person R.P.No.624/07 in WPC 22737/06 :2 : and the administration has to be carried on in terms of the Kerala Co-operative Societies Act, and the statute does not recognize a vacuum in between. Therefore, as at present, since winding up has not been initiated or completed, election to the Managing Committee has to be held, and if so, the directions issued in the judgment are not vitiated for any error. The review is only to be rejected and I do so. ANTONY DOMINIC, JUDGE Rp