IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN THURSDAY, THE 26TH FEBRUARY 2009 / 7TH PHALGUNA 1930 WP(C).No. 6042 of 2009(A) ------------------------- PETITIONER(S): --------------- S. SREEKUMAR, FORMER PRESIDENT, THAZHAVA KSHEERA ULPADHAKA CO-OPERATIVE SOCIETY LTD. NO. Q 59 (D APCOS(D) KADATHOOR.P.O, THAZHAVA, KOLLAM, RESIDING AT KADAKKOTTU, KADATHOOR.P.O, THAZHAVA. BY ADV. SRI.B.SURESH KUMAR RESPONDENT(S): --------------- 1. THE STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO GOVERNMENT, AGRICULTURE (DAIRY), DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DAIRY DIRECTOR, OFFICE OF THE DAIRY DIRECTOR, THIRUVANANTHAPURAM. 3. THE DEPUTY DIRECTOR, DAIRY DEVELOPMENT OFFICE, KOLLAM. 4. THE DAIRY EXTENSION OFFICER, OACHIRA.P.O, KOLLAM. 5. THE RETURNIG OFFICER, DAIRY FARM INSPECTOR, OACHIRA.P.O, KOLLAM. 6. THE SECRETARY, THAZHAVA KSHEERA ULPADHAKA CO-OPERATIVE SOCIETY LTD. NO. Q 59 (D) APCOS (D), KADATHOOR.P.O, THAZHAVA, KOLLAM. BY GP SRI K C SANTHOSH KUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B RADHAKRISHNAN, J ........................................... WP(C).NO. 6042 OF 2009 ............................................ DATED THIS THE 26TH DAY OF FEBRUARY, 2009 JUDGMENT The petitioner was the President of the 6th respondent, Society's Committee, which was treated as having lost its quorum leading to appointment of Part-time Administrator. According to the petitioner, on 29.12.2008, the Committee had drawn up a resolution to conduct the election on 8.3.2009 and on the basis of that resolution, Ext.P2 was issued by the officer exercising the powers of the Registrar. There is some controversy as to whether one Anandan, a member of that committee had resigned on 9.12.2008 or on 20.1.2009. The continuance of Anandan in the committee is quite decisive because taking into consideration the fact that some of the other members were disqualified, the quorum would continue only if Anandan was a member of the committee. The fact that an appeal is pending against the disqualification of one among the members is, as of now, of no significance since no interlocutory is shown to have been passed in that appeal. On the face of the controversy as to whether WP(C) 6042/2009 2 Anandan had resigned at all, and if so, whether it was on 9.12.2008 or 20.1.2009; the best material has to come from Anandan. He is neither a party to this writ petition nor does he support it as of now. Therefore the safest course would be to assume that the department had not acted improperly or malafide in treating that Anandan had resigned. Taking that into consideration, Ext.P6 stands as of now. By such appointment of Returning Officer, in terms of Section 33 of Kerala Co-operative Societies Act, neither the petitioner nor the other committee members incur any disqualification. So much so, all that is required at this point of time is to ensure that the election is conducted at the earliest, even if it become necessary for the Returning Officer to draw up a fresh resolution. But whatever is done, it has to be ensured that no fresh member is admitted so that the right to vote does not enure to any person, who is not as of now available in Ext.P3 list of voters, which was the provisional list published on 8.3.2009. If this is enforced, there would be no room for any controversy or allegations in the matter. For the aforesaid reasons, it is directed that the statutory authorities among the respondents will ensure that the election WP(C) 6042/2009 3 to the committee of 6th respondent Society is held at the earliest, at any rate, within a period of 45 days from today. THOTTATHIL B RADHAKRISHNAN, JUDGE lgk/28/2