IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 12TH JUNE 2009 / 22ND JYAISHTA 1931 WP(C).No. 14254 of 2009(B) -------------------------- PETITIONER(S): --------------- THE KARTHEDOM RURAL CO-OPERATIVE SOCIETY LTD.NO.385, KARTHEDOM, MALIPPURAM 682511, REPRESENTED BY ITS SECRETARY. BY ADV. SRI.SHERRY J. THOMAS RESPONDENT(S): --------------- 1. REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL) KERALA, THIRUVANANTHAPURAM. 2. JOINT REGISTRAR (GENERAL) OF CO-OPERATIVE SOCIETIES, OFFICE OF THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES, KOCHI. 3. STATE OF KERALA, REPRESENTED BY ITS SECRETARY, CO-OPERATIVE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 4. STATE CO-OPERATIVE ELECTION COMMISSIONER OFFICE OF THE STATE CO-OPERATIVE ELECTION COMMISSION, THIRUVANANTHAPURAM. BY Govt. Pleader Sri. K.C. SANTHOSH KUMAR FOR R2 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC,J. --------------------- W.P.(C).No.14254 OF 2009 ------------------------ Dated this the 12th day of June, 2009. JUDGMENT Prayer sought for in this writ petition is to quash Ext.P5 and to direct the respondents to extend the benefit of Exts.P1 and P2 by extending the term of the Committee of the petitioner Society for a period of 5 years and 5 months. 2. The committee of the petitioner society took charge on 1.8.2004 and and is completing the period of 5 years on 31.7.2009. In the meanwhile on account of the parliamentary elections, the Government of Kerala issued Ext.P1 order exercising its powers under Section 101 of the Co-operatives Societies Act. The order says that, in view of the non-availability of the Officers of the Co-operative Department of the State who are to function as Electoral Officers and Returning Officers, the Government was WP(c).No.14254/09 2 convinced that there was a practical difficulty to conduct elections in the Co-operative Societies when the election process of Lok sabha election was in full swing. For that reason, the Government decided that it was necessary to postpone the process of elections which were due in the co- operative societies, during the period when the parliamentary election was scheduled, for a further period of 5 months from the date of publication of notification, viz. 9.3.2009. On this basis, Government, exercising the powers under Section 101 of the Co-operative Societies Act, directed that, the provisions of Section 28(1) of the Act was applicable to those Co-operative Societies where election to form new committees are due during the period of 5 months from 9.3.2009 and where election has not been conducted before the date of notification, subject to modification substituting the words 5 years 5 months for the words 5 years. The explanatory note also indicates that the intention of the Government was to postpone election to the Co-operative Societies by 5 months WP(c).No.14254/09 3 from the date of notification. Ext.P2 is a circular issued by the 4th respondent, implementing Ext.P1 Government Order. On receipt of Exts.P1 and P2, petitioner claimed the benefit of the aforesaid orders and contended that since its election was falling due within 5 months on 9.3.2009, they are entitled to have the period of the committee extended by 5 months from 31.7.2009, when their term is expiring. 3. The 2nd respondent took the view that petitioner was not eligible for the benefit as claimed by them. This was reiterated by the 3rd respondent in Ext.P5 also. It is in this background that the writ petition is filed. 4. Counsel for the petitioner contended that in view of the wordings of Exts.P1 and P2 the Committee of the Society, election to which falls due within 5 months from 9.3.2009 is entitled to have its tenure extended by 5 months of expiry of its tenure. 5. A counter affidavit has been filed by the 2nd respondent where they are reiterating that the petitioner is WP(c).No.14254/09 4 ineligible for the benefit as claimed. According to them the intention of Exts.P1 and P2 was to postpone the election by 5 months from the date of notification, taking note of the non- availability of the officers of the Co-operation Department to act as Returning Officers and Electoral Officers. 6. I heard the counsel appearing for the petitioner and also the learned Government Pleader. Having heard the respective submissions made by both sides I am of the view that the version of the Government deserves acceptance. A reading of Ext.P1 shows that this was issued by the 3rd respondent exercising its power under Section 101 of the Co- operative Societies Act which enables it to exempt the society from any f the provisions of the Act. Section 28 provides that the Committee of a Society may be constituted for a period up to 5 years. This outer limit of 5 years mentioned in the Section is modified by Ext.P1. A reading of Ext.P1 shows that what made the Government to issue the notification was the non- availability of the Officers of the Co-operative Department to WP(c).No.14254/09 5 act as Electoral Officers and Returning Officers, in view of the parliamentary elections that were scheduled. A plain reading of Ext.P1 shows that at best the outer limit of 5 years prescribed in Section 28 of the Act stood enlarged by virtue of the notification, by 5 months from 9.3.2009. This period, in the case of the petitioner's society will expire on 8.8.2009 and if so the claim of the petitioner that the Society is entitled to have the extended tenure of 5 months from 31.7.2009 is unsustainable. If so, the view taken by the 2nd respondent and as confirmed in Ext.P5 has to be upheld and the petitioner's claim is to be rejected. Writ Petition fails and is dismissed. (ANTONY DOMINIC) JUDGE vi/ WP(c).No.14254/09 6