IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN TUESDAY, THE 19TH AUGUST 2008 / 28TH SRAVANA 1930 WP(C).No. 25043 of 2008(F) -------------------------------------- PETITIONER: ------------------- K. KARUNAKARAN, S/O. THOLAN, AGED 52, ADIYA COLONY, BOOTHANAM COLONY.P.O, PULPALLY, WAYANAD. BY ADV. SRI.JIJO PAUL. RESPONDENTS: ----------------------- 1. STATE CO-OPERATIVE ELECTION COMMISSIONER, OFFICE OF THE CO-OPERATIVE ELECTION COMMISSIONER, TRIVANDRUM. 2. THE ASSISTANT REGISTRAR (GENERAL), CO-OPERATIVE SOCIEITIES, SULTHAN BATHERY. 3. VYAPRI VYVASAYII CO-OPERATIVE SOCIETY WAYANAD LTD., NO. W 210, H.O. PULPALLY - 673 579, REPRESENTED BY ITS SECRETARY. SR. GOVT. PLEADER SMT. ANU SIVARAMAN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19/08/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. Thottathil B. Radhakrishnan, J. ================================== W.P.(C)No.25043 of 2008 ================================== Dated this the 19th day of August, 2008. JUDGMENT “CR” Learned senior Government Pleader appears for respondents 1 and 2. Notice to third respondent is dispensed with in view of the nature of the directions being issued hereunder. 2. Petitioner is a member of the third respondent. Going by the law, it has to have a member belonging to Scheduled Caste and Scheduled Tribe communities in its committee. The third respondent forwarded a resolution. The second respondent has to forward it to the first respondent to initiate action under Rule 35-A of the Kerala Co-operative Societies Rules, 1969, hereinafter referred to as the “Rules”. Instead, the second respondent issued Ext.P6 refusing to forward it and taking the view that the vacancy WPC25043/2008 -:2:- need not be filled up. The law requires that one seat in the committee has to be manned by a member of the Scheduled Caste and Scheduled Tribe community. That is a statutory reservation. It is not in the interest of any democratic institution to leave any office vacant. The Assistant Registrar cannot take the view that particular election need not be conducted. Going by the scheme of Rule 35-A of the Rules, it is for the committee of the society to decide the date for the election and once it fixes the date, the statutory authorities have to run the Rule to its logical end to have the election conducted. For the aforesaid reasons, the impugned Ext.P6 is quashed and it is directed that the third respondent places a fresh resolution fixing a new date for the election to that vacancy, but the first respondent shall do the needful in terms of law. WPC25043/2008 -:3:- Writ petition is allowed accordingly. Thottathil B.Radhakrishnan, Judge. sl.26.8.