IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 9TH FEBRUARY 2010 / 20TH MAGHA 1931 WP(C).No. 23740 of 2009(J) -------------------------------------- PETITIONERS: --------------------- 1. C.S.PANKAJAKSHAN, MEMBER NO.11345, CHERTHALA CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK LTD., NO.A.327, CHERTHALA, RESIDING AT KEERTHI, CMC 46, CHERTHALA. 2. K.RADHAKRISHNAN, MEMBER NO.1822, CHERTHALA CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK LTD.NO.A.327, CHERTHALA, RESIDING AT DWARAKA, CHERTHALA. 3. G.RAJASEKHARAN NAIR, MEMBER NO.3826, CHERTHALA CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK LTD.NO.A.327, CHERTHALA, RESIDING AT PANCHAMI, KURUPPAMKULANGARA, CHERTHALA. 4. B.GIRIJADEVI, MEMBER NO.10494, CHERTHALA CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK LTD.NO.A.327, CHERTHALA, RESIDING AT MADHAVAPALLIL, CHERTHALA. 5. M.K.JINADEV, MEMBER NO.10452, CHERTHALA CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK LTD.NO.A.327, CHERTHALA, RESIDING AT DEVAKIKRISHNA BHAVAN, VAYALAR, CHERTHALA. 6. K.E.PAREEKUNJU, MEMBER NO.16431, CHERTHALA CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK LTD.NO.A.327, RESIDING AT PUTHENPURACKAL, KUTTANCHAL, THYCATTUSSERY P.O., CHERTHALA. 7. V.M.JOY, MEMBER NO.3242, CHERTHALA CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK LTD.NO.A.327, CHERTHALA, RESIDING AT VELIYIL HOUSE, CHERTHALA. W.P.(C). NO.23740/2009-J: 8. C.V.THOMAS, MEMBER NO.8622, CHERTHALA CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK LTD.NO.A.327, CHERTHALA, RESIDING AT CHIRAKKATHARA, KOKKOTHAMANGALAM, CHERTHALA. 9. K.D.SAJEEV, MEMBER NO.9592, CHERTHALA CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK LTD.NO.A.327, CHERTHALA, RESIDING AT ANU NIVAS, KALASSERY, CHERTHALA. BY ADVS. MR.K.JAJU BABU, SMT.M.U.VIJAYALAKSHMI, MR.BRIJESH MOHAN, MR.A.HAROON RASHEED, NR.T.R.SADEESAN. RESPONDENTS: ------------------------ 1. STATE CO-OPERATIVE ELECTION COMMISSION, TRIVANDRUM. 2. THE ELECTORAL OFFICER/ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL), CHERTHALA CIRCLE, CHERTHALA. 3. THE RETURNING OFFICER/INSPECTOR OF CO-OPERATIVE SOCIETIES, OFFICE OF THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL), CHERTHALA. 4. CHERTHALA CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK LTD.NO.A.327, CHERTHALA, ALAPPUZHA-688 524, REPRESENTED BY ITS SECRETARY. 5. SMT.ANANDAVALLY AMMA, MEMBER NO.7732, CHERTHALA CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK LTD.NO.A.327, CHERTHALA, RESIDING AT ARCATTIL, KURUPPAMKULANGARA P.O., CHERTHALA. 6. SHRI.S.CHELLAPPAN, MEMBER NO.2522, CHERTHALA CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK LTD.NO.A.327, CHERTHALA, RESIDING AT THATTUPURAKKAL HOUSE, VARANAD P.O., CHERTHALA. 7. SHRI.R.PURUSHAN, MEMBER NO.7823, CHERTHALA CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BAN LTD.NO.A.327, CHERTHALA, RESIDING AT PAUMICHIRA HOUSE, PALLIPPURAM, CHERTHALA. W.P.(C). NO.23740/2009-J: 8. SHRI.A.R.RETNAKAR, MEMBER NO.7930, CHERTHALA CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK LTD.NO.A.327, CHERTHALA, RESIDING AT ARAVINDAVELI, CHARAMANGALAM, CHERTHALA. 9. SHRI.P.R.SIVADASAN, MEMBER NO.11567, CHERTHALA CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK LTD.NO.A.327, CHERTHALA, RESIDING AT PAZHUKACHIRA, CHERTHALA. 10. SHRI.P.S.GOPI, MEMBER NO.10715, CHERTHALA CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK LTD.NO.A.327, CHERTHALA, RESIDING AT PUTHUVALNIKARTH, VAYALAR EAST, CHERTHALA. 11. SHRI.K.RAMAKRISHNAN, MEMBER NO.166, CHERTHALA CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK LTD.NO.A.327, CHERTHALA, RESIDING AT VRINDAVANAM, PATTANAKKAD, CHRETHALA. 12. SHRI.K.DINESAN, MEMBER NO.5237, CHERTHALA CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK LTD.NO.A.327, CHERTHALA, RESIDING AT DINESH BHAVAN, CHERTHALA SOUTH. 13. SMT.N.SIBY, MEMBER NO.8764, CHERTHALA CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK LTD.NO.A.327, CHERTHALA, RESIDING AT KANNOTHCHIRA, SMC.17, CHERTHALA. R1 TO R3 BY SR.GOVERNMENT PLEADER MR.T.B. HOOD, R4 BY ADV. MR.P.C.SASIDHARAN, R5, R10 & R11 BY MR.P.RAVINDRAN, SENIOR ADVOCATE, ADV. MR.P.DEEPAK, R7,R8,R12 & R13 BY ADVS. MR.V.RAJENDRAN, SMT.K.S.SABITHA. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 09/02/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.23740/2009-J: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE PROCEEDINGS OF THE R.2. IN RESPECT OF ELECTION HELD ON 22/08/04. EXT.P.2: COPY OF THE ELECTION NOTIFICATION NO. E(2)1026/09/SCEC DTD. 08/07/09 ISSUED BY THE STATE CO-OP. ELECTION COMMISSION, TRIVANDRUM. EXT.P.3: COPY OF THE FINAL LIST OF CANDIDATES FOR THE ELECTION SCHEDULED ON 09/08/09. EXT.P.4: COPY OF THE JUDGMENT DTD. 05/08/09 IN W.P.(C).NO.22203/09 OF THIS HONOURABLE COURT. EXT.P.5: COPY OF THE JUDGMENT DTD. 06/08/09 IN W.P.(C).NO.22122/09 OF THIS HONOURABLE COURT. EXT.P.6: COPY OF THE IDENTITY CARDS AND CANDIDATE PASSES OF MAJORITY OF PETITIONERS. EXT.P.7: COPY OF THE FIR NO.653/09 DTD. 09/08/09 REGISTERED BY THE SUB INSPECTOR OF POLICE, CHERTHALA. EXT.P.8: COPY OF THE REQUEST DTD. 09/08/09 SUBMITTED BY THE SECRETARY OF THE BANK TO THE R.3. EXT.P.9: COPY OF THE REPLY GIVEN BY THE R.3. TO ONE OF THE CANDIDATES ON 09/08/09. EXT.P.10: COPY OF THE COMPUTER GENERATED IDENTITY CARD ISSUED BY VARANAD SERVICE CO-OP. BANK. EXT.P.11: COPY OF A FABRICATED IDENTITY CARD ACCEPTED BY THE R.3. EXT.P.12: COPY OF THE NEWS REPORT WHICH APPEARED IN MALAYALA MANORAMA AND MATHRUBHUMI DAILY DTD. 10/08/09. EXT.P.13: COPY OF THE CERTIFICATE ISSUED TO THE 1ST PETITIONER'S SON AS COMPUTER PROGRAMMER BY MANVISH INFO SOLUTIONS, ALUVA. EXT.P.14: COPY OF THE COMPUTER GENERATED IDENTITY CARD ISSUED BY THE R.5. RESPONDENTS' EXHIBITS: EXT.R1.A: COPY OF THE REQUEST DTD. 03/08/09 SUBMITTED TO THE DY.S.P., CHERTHALA. EXT.R1.B: COPY OF THE REPLY DTD. 03/08/09. EXT.R1.C: COPY OF THE COMPLAINT DTD. 07/08/09 RECEIVED FROM A.N. SUGUNAN (MEMBER NO.529). W.P.(C). NO.23740/2009-J: EXT.R1.D: COPY OF THE 6B REGISTER SHOWING ISSUANCE OF IDENTITY CARD TO THE P.1. EXT.R1.E: COPY OF THE FORM 6 B REGISTER SHOWING ISSUANCE OF IDENTITY CARD TO THE P.2. EXT.R1.F: COPY OF THE FORM 6B REGISTER SHOWING ISSUANCE OF IDENTITY CARD TO THE P.3. EXT.R1.G: COPY OF THE FORM 6B REGISTER IN RESPECT OF P.7. EXT.R1.H: COPY OF THE FORM 6B REGISTER OF MEMBER NO.19595. EXT.R4.A: COPY OF THE PROCEEDINGS OF THE RETURNING OFFICER. EXT.R4.B: COPY OF THE MINUTES OF THE NEWLY ELECTED MANAGING COMMITTEE MEMBERS. EXT.R4.C: COPY OF THE PROCEEDINGS MANAGING COMMITTEE ELECTING PRESIDENT OF THE BANK. EXT.R4.D: COPY OF THE FULL TEXT OF THE NOTIFICATION ISSUED BY THE BANK. EXT.R4.E: COPY OF THE NOTICE ISSUED TO EACH MEMBER. EXT.R4.F: RELEVANT EXTRACT OF THE 6B REGISTER AND THE SIGNATURE FOUND IN BOOK. EXT.R4.G: COPY OF THE RECEIPT ISSUED BY THE S.S. ENTERPRISES IN THE YEAR 2004 & 2009. EXT.R4.H: COPY OF THE RECEIPT ISSUED BY THE STUDIOS. EXT.R4.I: RELEVANT EXTRACT OF THE 6B REGISTER. EXT.R4.J: COPY OF THE RELEVANT PAGE OF THE 6B REGISTER. //TRUE COPY// P.S. TO JUDGE. Prv. ANTONY DOMINIC, J. -------------------------------------------------- W.P.(C) NO.23740 OF 2009 (J) -------------------------------------------------- Dated this the 9th day of February, 2010 J U D G M E N T Petitioners were candidates in the election to the Board of Directors of the 4th respondent society. 2. The election was scheduled to be held on 9.8.2009. Petitioners apprehended that the rival faction would disturb the polling and therefore approached this court and secured Ext.P4 judgment in WP(c).No.22203/09, where direction was issued to the Police Officers, to take effective measures for the smooth conduct of the elections. 3. It is also stated that, in the final voters list published by the Returning Officer, out of 14306 members of the Bank, 4915 members were removed. Against that removal, they had approached this court and in Ext.P5 judgment, this court set aside the removal and directed that the members be permitted to vote. It was further directed that their votes shall be received and counted separately. In Ext.P5 it was further directed that videography should be permitted under the supervision of the Returning Officer. WPC.No.23740 /09 :2 : 4. Irrespective of all these directions, the complaint raised in the writ petition is that all the 4915 persons who were initially removed and subsequently readmitted pursuant to the direction of this court , were denied voting on the ground that the identity cards produced by them were not issued in compliance with Rule 16-A of the Kerala Co-operative Societies Rules. The contention raised is that these ID cards, which are computer generated, were issued by the Society itself and therefore these did not suffer any defect so as t deny voting right to the members. 5. However, in the counter affidavit filed by the Bank, they have produced certain documents which suggest that at the time of admission of the petitioners and other members into the Society, they were issued ID cards in compliance with the provisions of Rule 16-A of the Rules and that the Society was maintaining corresponding register in Form 6B. According to the Society, it was in spite of such ID cards the computer generated ID cards were procured by the petitioners and these cards alone were produced before the Returning Officer. Society therefore contends that petitioners admittedly having not complied with the requirements of WPC.No.23740 /09 :3 : the Rule which mandate the production of the ID cards issued under Rule 16-A were rightly denied permission to vote in the election. 6. From this contention itself, it is therefore evident that, a disputed question of fact have been raised by the parties regarding the authenticity of the ID cards issued by the Society and the authenticity of the ID card produced by the petitioners and others at the time of polling. This issue can be decided only in the fact finding adjudication. It is now disclosed that one of the petitioners has already filed an election petition before the Arbitration Court constituted under Section 69 of the Kerala Co-operative Societies Act and the matter is pending. Therefore, in my view it is only appropriate that the entire controversy raised in this writ petition should also be adjudicated by the said court. In view of this, leaving open the contentions and relegating the parties to get their disputes resolved in the election petition, this writ petition is closed. (ANTONY DOMINIC) JUDGE vi/ WPC.No.23740 /09 :4 :