IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN WEDNESDAY, THE 30TH JULY 2008 / 8TH SRAVANA 1930 WP(C).No. 13585 of 2008(P) ---------------------------------------- PETITIONER: -------------------- V.N.SUKUMARAN, MELAMPARAMBIL, CHIRAKKAKAM, VARAPPUZHA PO. BY ADV. SRI.A.JAYASANKAR SRI.MANU GOVIND RESPONDENTS: ------------------------- 1. THE KERALA CO-OPERATIVE ARBITRATION COURT, THIRUVANANTHAPURAM. 2. THE VARAPPUZHA SERVICE CO-OPERATIVE BANK LIMITED NO.1582, VARAPPUZHA PO, PIN-683 517. 3. SRI. RETNAKARA PAI, S/O.VENKITESWARA PAI, KALAPARAMBATH HOUSE, THEVARCADU VARAPPUZHA PO, PIN-683517. 4. THE KERALA CO-OPERATIVE TRIBUNAL, VANCHIYOOR, TRIVANDRUM. 5. THE REGISTRAR OF CO-OPERATIVE SOCIETIES, TRIVANDRUM. BY GOVERNMENT PLEADER SRI. P.K.RAVIKRISHNAN -R1,R4 & R5 ADV. SRI..P.N.MOHANAN FOR R2 SRI.DINESH R.SHENOY FOR R3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 30/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.13585/2008 P APPENDIX PETITIONER'S EXHIBITS: EXT.P1; COPY OF AWARD DTD. 19/03/2008 IIN ARC NO.53 OF 2004 PASSED BY THE 1ST RESPONDENT. EXT.P2: COPY OF JUDGMENT DTD. 11/04/08 IN WPC.12215/08. EXT.P3: COPY OF APPEAL DTD.21/04/08 FILED BEFORE 4TH RESPONDENT. EXT.P4: COPY OF STAY PETITION FILED ALONG WITH EXHIBIT P3. RESPONDENT'S EXHIBIT: EXT.R3(A): COPY OF THE REPORT OF THE ADVOCATE COMMISSIONER FILED IN I.A.NO.69/2007 IN RP.NO.53/2004, KERALA ARBITRATION COURT, THIRUVANANTHAPURAM. /TRUE COPY/ P.S.TO JUDGE Kss THOTTATHIL B. RADHAKRISHNAN, J. = = = = = = = = = = = = = = = = = = = = = = = = W.P.(C)No.13585 of 2008-P = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 30th day of July, 2008. JUDGMENT 1.The petitioner was elected to the committee of the second respondent society. That election was set aside by the Co-operative Arbitration Court as per Ext.P1 at the instance of the third respondent who, by that award, was declared as the duly elected candidate. 2.This writ petition was filed on the allegation that there was none to entertain the appeal filed before the Kerala Co-operative Tribunal, owing to the vacancy of the Deputy Registrar/Secretary. As of now, the appeal of the petitioner has been numbered and it is listed to be taken in November, 2008. But the fact remains that the committee to which the election was held would be in office only for some time in January, 2009. WP(C)13585/2008 -: 2 :- This means that having regard to the expediency of election matters, the Tribunal has to make every effort to finally dispose of the case, at least, in November, 2008. In view of the different decisions of the Apex Court governing interim orders, it is directed that while the third respondent, on the strength of Ext.P1, will be entitled to officiate as a member of the committee of the second respondent, he will not participate in the discussion of any policy matters or have the right to vote in such matters. The interim order granted in this case is vacated and the writ petition is ordered as above directing that the Tribunal will decide the matter finally before the end of November, 2008 and the parties will be entitled to move the Tribunal with the copies of this judgment for appropriate listing of the matter by pre- poning the posting, if necessary. THOTTATHIL B. RADHAKRISHNAN, JUDGE. Sha/300708