IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN WEDNESDAY, THE 14TH JANUARY 2009 / 24TH POUSHA 1930 WP(C).No. 38197 of 2008(V) -------------------------- PETITIONER(S): ------------------------ THE POOTHADY SERVICE CO-OPERATIVE BANK LTD. NO.F 1011, KENICHIRA, WAYANAD 673 596 REPRESENTED BY ITS PRESIDENT JOSE KAITHAMATTOM. BY ADV. SRI.P.N.MOHANAN RESPONDENT(S): ---------------------------- 1. STATE CO-OPERATIVE ELECTION COMMISSION, REPRESENTED BY ITS SECRETARY, OFFICE OF THE STATE CO-OPERATIVE ELECTION COMMISSION, HOUSING BOARD BUILDING, TRIVANDRUM. 2. JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (G), KALPATTA, WAYANAD. 3. ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES, SULTHANBATHERI, WAYANAD. GOVERNMENT PLEADER SRI.I.V.PRAMOD FOR R1 ADV. SRI. V.G.ARUN FOR F2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 06/01/2009, THE COURT ON 14/01/2009 DELIVERED THE FOLLOWING: Kss WPC.NO.38197/2008 V APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE ELECTION SUB RULES. EXT.P2: COPY OF THE RESOLUTION DTD. 21/11/2008. EXT.P3: COPY OF THE ACKNOWLEDGEMENT ISSUED BY THE 3RD RESPONDENT. EXT.P4: COPY OF THE CIRCULAR 1/01 OF THE ELECTION COMMISSION. EXT.P5: COPY OF THE BYE-LAW APPROVED BY THE JOINT REGISTRAR ON 22/04/98. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.S.TO JUDGE Kss THOTTATHIL B. RADHAKRISHNAN, J. = = = = = = = = = = = = = = = = = = = = = = = = W.P.(C).No.38197 of 2008-V = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 14th day of January, 2009. JUDGMENT 1.The petitioner is a co-operative society. Since the term of its committee, presently in office, is due to expire on 30-1-2009, it drew up Ext.P2 resolution and requested the first respondent to conduct election with polling date as 25-1-2009. This writ petition is filed seeking a direction to the statutory authorities to act in terms of the resolution. 2.Going by the counter affidavit filed on behalf of the second respondent Joint Registrar, the conduct of election was held up in view of the issues involved in WP(C).23156/2006. I have disposed of that writ petition today, vide separate judgment, quashing the compulsory amendment of the bye-laws of the society, as ordered by the Joint Registrar. Therefore, there is no subsisting embargo for the conduct of the WP(C)38197/08 -: 2 :- election. Obviously, with the passage of time, the process of election may take more time. Accordingly, it is ordered that, by the force of this judgment, the election to the committee of the society shall be held on any day as may be fixed by the State Election Commission within a period of three months from now, after following due process, without insisting on a fresh resolution by the committee of the society. It is further ordered that until an election as aforesaid is held within the time fixed hereby, the present committee in office will continue to hold office after its term, as an administrative committee to run the day-to-day affairs of the society, however without enrolling any new members after 30-1-2009, except nominal members. The writ petition is ordered accordingly. THOTTATHIL B. RADHAKRISHNAN, JUDGE. Sha/120109