IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN MONDAY, THE 29TH MARCH 2010 / 8TH CHAITHRA 1932 WP(C).No. 10057 of 2010(F) ---------------------------------------- PETITIONER(S): ------------------------ 1. A.R.SUJIL, THUNDIYIL HOUSE, PAI ROAD, PERUMPADAPPU, KOCHI - 6. 2. AJITHAKUMARI, VELIYATH HOUSE, PALLURUTHY, KOCHI - 6. 3. V.S.SUGATHAN, KAYYATHARA HOUSE, PALLURUTHY, KOCHI - 6. 4. JOHN FERNANDEZ, MATTAMMAL THUNDIYIL HOUSE, (NINAVU), EDAKOCHI P.O., KOCHI - 6. BY ADV. MR.O.D.SIVADAS RESPONDENT(S): ----------------------------- 1. THE MATTANCHERRY MAHAJANIK CO-OPERATIVE URBAN BANK LTD.NO.665, PALLIYARAKAVU ROAD, MATTANCHERRY, KOCHI - 682 002 REPRESENTED BY THE GENERAL MANAGER. 2. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES, ERNAKULAM. 3. THE CO-OPERATIVE ELECTION COMMISSION, THIRUVANANTHAPURAM 4. THE ELECTORAL OFFICER, THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES (AUDIT), CIRCLE OFFICE, KOCHI. 5. THE RETURNING OFFICER, THE UNIT INSPECTOR, OFFICE OF THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES, (GENERAL), KOCHI. BY SR. GOVERNMENT PLEADER MR. K.C. SANTHOSH KUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss K. SURENDRA MOHAN, J. ------------------------------------------------------------ W.P(C) NO: 10057 OF 2010 ----------------------------------------------------------- Dated this the 29th March, 2010. JUDGMENT The petitioners have filed this writ petition challenging Clause 30(i) of Ext.P2 bye laws of the first respondent bank. The petitioners are members of the first respondent bank. The third respondent has notified elections to the managing committee of the first respondent as per Ext.P1. Though the petitioners want to contest the election as candidates, they are ineligible to do so in view of Clause 30(i) of the bye laws. The said clause stipulates that a member shall be eligible to be elected as the director only if he has been a shareholder member of the bank for at least two continuous years prior to the date of election and has maintained a deposit account with the bank for a continuous period of two years with a credit balance of not less than Rs.500/-. According to the petitioners this clause is in direct conflict with the provisions of the Co-operative Societies Act and the Rules thereunder. Therefore, the petitioners have sought for a declaration that Clause 30(i) of Ext.P1 bye laws and a corresponding clause to the said effect in Ext.P1 notification disentitling the petitioners from contesting as WPC 10057/2010 2 candidates at the election that has been notified is illegal and arbitrary. 2. A reading of the clause gives an impression that it has been intended only for the purpose of ensuing that persons who have been active members of the bank for the stipulated period alone are permitted to contest the elections. No specific provision of the Act or the Rules with which the provision of the bye law is in direct conflict, has been brought to my notice. However, I do not propose to consider the merits of the claim that is made in this writ petition for the reason that the petitioners can raise their complains before the second respondent who is clothed with ample powers to decide the same. 3. In the above circumstances this writ petition is disposed of directing the petitioners to approach the first respondent by submitting a proper representation detailing their grievances. If such a representation is submitted within a period of ten days from today, the same shall be considered and disposed of in accordance with law, as expeditiously as possible and at any rate within a period of two weeks thereafter. K. SURENDRA MOHAN Judge jj The words “first respondent” occurring in the 3rd paragraph of WPC 10057/2010 3 the judgment dated 29/3/2010 in WP(C) 10057/2010 are corrected as “second respondent” as per order dated 27/5/2010 in I.A.6563/2010 in WP(C) 10057/2010. Sd/- Registrar (Judicial) WPC 10057/2010 4 K.K.DENESAN & V. RAMKUMAR, JJ. ---------------------------------------------------- M.F.A.NO: ----------------------------------------------------- JUDGMENT Dated: