IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN WEDNESDAY, THE 3RD SEPTEMBER 2008 / 12TH BHADRA 1930 WP(C).No. 26424 of 2008(U) -------------------------- PETITIONER: ------------ P.A.BALAN MASTER, PAYATHUPARAMBIL, AVINISSERY, PRESIDENT, AVINISSERY, KSHEEROLPADAKA CO-OPERATIVE SOCIETY, LTD., NO. R.34 (D), AVINISSERY, TRICHUR, BY ADV. SRI.V.G.ARUN SRI.T.R.HARIKUMAR RESPONDENTS: ------------- 1. THE DIRECTOR, DAIRY DEVELOPMENT DIRECTORATE, THIRUVANANTHAPURAM. 2. ERNKULAM REGIONAL MILK PRODUCERS UNION NO.E.150 (D) APCOS, EDAPPALLY ERNAKULAM, REPRESENTED BY ITS MANAGING DIRECTOR. BY SENIOR ADVOCATE SRI.B.S.KRISHNAN FOR R1 & R2 K.ANAND THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rtr THOTTATHIL B. RADHAKRISHNAN, J. = = = = = = = = = = = = = = = = = = = = = = = = W.P.(C).No.26424 of 2008-U = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 3rd day of September, 2008. JUDGMENT The petitioner, a member of a primary co- operative society is the nominee of that society in the committee of the ERCMPU, the apex society. Notice has been issued to him that he is disqualified from holding that post on the ground that the society of which he is a nominee has not satisfied the minimum bench mark of the total litres of milk which has to be measured during a particular year. The petitioner has two-fold conditions. Firstly, he states that any requirement in that regard could be only for the purpose of being elected and it cannot be a continuing ground for disqualification while in office. The term of the committee is for five years. The second ground is that the Scheme of the Rules and Act does not really provide any WP(C)26424/2008 -: 2 :- such disqualification and any ground referable to the measuring of a particular amount of milk during a year or that milk ought to have been measured for such number of days in a particular year are prescriptions that could be made only in relation to the election to the committee of the primary society and not to the apex society. These are matters which would require the first look by the statutory authorities and not by this Court since there is no jurisdictional error in as much as the authority who has initiated the proceedings is well within the authority to do so, however that the final order could be passed only after the relevant grounds are disclosed. In such premise, the writ petitioner is relegated for hearing by the competent authority who has issued the impugned notice. The said authority will consider the aforesaid objections of the petitioner and render a decision. It is also ordered that if the petitioner is found to be disqualified and orders are issued, no substitute arrangements shall be made for a period of two WP(C)26424/2008 -: 3 :- weeks therefrom. The petitioner will be given an opportunity of hearing, if he has not already been heard. The writ petition is ordered accordingly. THOTTATHIL B. RADHAKRISHNAN, JUDGE. Sha/040908