IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN FRIDAY, THE 15TH JANUARY 2010 / 25TH POUSHA 1931 WP(C).No. 36071 of 2009(D) -------------------------------------- PETITIONER(S): ----------------------- KIZHAKKUMBHAGAM MILK PRODUCERS CO-OPERATIVE SOCIETY LTD. NO. P.T 119 (D) APCOS, KIZHAKKUMBHAGAM.P.O, NIRANAM, THIRUVALLA, REPRESENTED BY ITS PRESIDENT, THOMAS P. OOMMEN. BY ADV. MR.BABU CHERUKARA RESPONDENT(S): -------------------------- THE DEPUTY DIRECTOR, DAIRY DEVELOPMENT DEPARTMENT, PATHANAMTHITTA. BY GOVT. PLEADER MR.K.S.MOHAMMED HASHIM THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 15/01/2010 , THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.36071/2009 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE RELEVANT PORTION OF THE BYE -LAW OF THE PETITIONER SOCIETY. P2:- COPY OF THE DECISION OF THE GOVERNING BODY. P3:- COPY OF THE DECISION TAKEN BY THE GOVERNING COMMITTEE OF THE PETITIONER' SOCIETY DT. 12.12.2009. TRUE COPY P.A. TO JUDGE tss P.N.RAVINDRAN, J. ---------------------------- W.P.(C)No.36071 of 2009 ---------------------------- Dated 15th January, 2010 JUDGMENT The petitioner is a Milk Producers Co-operative Society represented by its President. The term of office of the managing committee of the petitioner society came to an end on 12.12.2009. It is stated that before the expiry of the term, the managing committee of the petitioner society met on 4.9.2009 and passed a resolution to conduct an election to the managing committee of the society on 5.12.2009. The committee also resolved to request the respondent to appoint a returning officer to conduct the election. It is stated that though a copy of Ext.P2 resolution adopted on 5.9.2009 was forwarded to the respondent on 5.9.2009, the respondent did not take any action in the matter. The petitioner also states that since the respondent did not take any action on the request made in Ext.P2, the managing committee that met on 12.12.2009 passed the resolution evidenced by Ext.P3 authorising the President of the petitioner society to file a writ petition in this Court praying for a direction to the respondent to conduct an election to the managing committee of the society. This writ petition was accordingly filed on 14.12.2009 seeking the following reliefs: WP(C).No.36071/2009 2 “(a) Issue a writ of mandamus or any other appropriate writ or order directing the respondent to act on Ext.P2 and appoint a returning officer to conduct election to the governing committee of the petitioner forthwith. (b) Issue a writ of mandamus or any other appropriate writ or order to function the present governing committee of the petitioner society till a new committee is formed.” 2. As per the bye-laws of the petitioner society, the term of office of the managing committee has come to an end on 12.12.2009. Though it is stated that the managing committee of the petitioner society had passed a resolution on 5.9.2009 and forwarded a copy thereof to the respondent on 5.9.2009, no material is produced to substantiate the statement that a copy of the said resolution was forwarded to the respondent on 5.9.2009. Apart from the statement of the petitioner that a copy of Ext.P2 resolution was forwarded to the respondent, the petitioner has not produced any material to show that a request was made to the respondent to hold the election before 12.12.2009. In such circumstances, as the term of office of the managing committee of the petitioner society has come to an end on 12.12.2009, the managing committee cannot continue in office. The petitioner cannot therefore seek or be granted the reliefs prayed for in this writ petition. Since the term of the managing committee has WP(C).No.36071/2009 3 expired, it is for the respondent who is empowered to take appropriate steps in the matter, to appoint an Administrator under Section 33 of the Kerala Co-operative Societies Act to manage the affairs of the petitioner society and to hold an election at the earliest. The writ petition fails and is accordingly dismissed. P.N.RAVINDRAN Judge TKS