IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN MONDAY, THE 7TH APRIL 2008 / 18TH CHAITHRA 1930 WP(C).No. 11355 of 2008(B) -------------------------- PETITIONER: ------------- THE TRICHUR DIST CO-OPERATIVE BANK LTD TRICHUR, REPRESENTED BY THE PRESIDENT OF THE MANAGING COMMITTEE T.U. UDAYAN. BY ADV. SRI.GEORGE POONTHOTTAM RESPONDENTS: ---------------- 1. THE REGISTRAR OF CO-OPERATIVE SOCIETIES THIRUVANANTHAPURAM. 2. THE STATE CO-OPERATIVE ELECTION COMMISSION, THIRUVANANTHAPURAM. 3. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (G) TRICHUR. R1 TO R3 BY SPL. GOVT. PLEADER, SMT.A.G. ANITHA. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07/04/2008, ALONG WITH W.P.(C) No. 11356 OF 2008 AND CONNECTIONS, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B. RADHAKRISHNAN, J. ----------------------------------------------- W.P.(C) Nos.11355, 11356, 11559, 11594 and 11880 OF 2008 ----------------------------------------------- Dated this the 7th day of April, 2008 JUDGMENT These writ petitions are filed by four District Co-operative banks. By order dt.27.03.08, the writ petitions filed by different Co-operative banks challenging Clause 3 and 4 of the Kerala Co- operative Societies (Amendment) Ordinance 2007, have been referred for consideration of the Division Bench for reasons stated in that order. 2. The petitioners Co-operative Banks have passed resolutions to hold elections, since the terms of the elected committees in office are due to expire shortly. They, accordingly, seek directions enabling the new elected committees to come into office at least by the 4th of May, 2008, to ensure that there is elected committee in office rather than have departmental administrators. 3. The Ordinance has not been stayed by this court. By the WPC Nos. 11355 & conn. OF 2008 2 interim order issued on 19.12.07, in the aforesaid writ petitions, all that has been stated is that no action shall proceed on the basis of the impugned Ordinance either by any compulsion to amend the bye-laws or by way of any interference with the existing co- operative institutions invoking any statutory provision against the societies on any ground referable to the provisions in the impugned Ordinance. Therefore, the order that no action shall proceed on the basis of the impugned Ordinance relate only to such actions as are described in that order and does not in any manner impair the continued legislative impact of the Ordinance. Therefore, even if there is any resolution to have election or if any action is taken on the basis of those resolutions, they have to be strictly in terms of the Ordinance, unless the ordinance fails on judicial examination by the Division Bench in the referred matter. In the aforesaid circumstances, these writ petitions are disposed of directing that prompt action shall be taken by the Sate Co-operative Election Commission to conduct election to the petitioner Co-operative banks acting on the resolutions passed by WPC Nos. 11355 & conn. OF 2008 3 them by ensuring that, unless there are exceptional circumstances, the date fixed by the Co-operative banks in the resolutions shall be adhered to. If any such date requires further modification, the election commission shall duly notifying the bank and ensure that the election is held before the expiry of the term of the respective elected committee. THOTTATHIL B. RADHAKRISHNAN, JUDGE ttb WPC Nos. 11355 & conn. OF 2008 4 WPC Nos. 11355 & conn. OF 2008 5