IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 24TH JUNE 2009 / 3RD ASHADHA 1931 WP(C).No. 17017 of 2009(V) -------------------------- PETITIONER(S): --------------- 1. N.M.ANWAR, NEDUNGATTUKUDY HOUSE, OKKAL P.O., ERNAKULAM 683 550. 2. A.P.MATHAI, ARTHADATHIL HOUSE, CHELAMATTOM, OKKAL P.O., ERNAKULAM 683 550. 3. M.V.BENNY, MANICKATHEN HOUSE, OKKAL P.O., ERNAKULAM-683 550. BY ADV. SRI.V.G.ARUN SRI.T.R.HARIKUMAR RESPONDENT(S): --------------- 1. OKKAL SERVICE CO-OPERATIVE BANK LTD. NO.2181, REPRESENTED BY ITS SECRETARY, OKKAL P.O., PERUMBAVOOR VIA, KOCHI-683 550. 2. THE PRESIDENT, OKKAL SERVICE CO-OPERATIVE BANK LTD. NO.2181, OKKAL P.O., PERUMBAVOOR VIA, KOCHI-683 550. 3. ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL), KUNNATHUNADU, PERUMBAVOOR. 4. JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL), ERNAKULAM. 5. KERALA STATE CO-OPERATIVE ELECTION COMMISSION, THIRUVANANTHAPURAM. BY GOVT. PLEADER SRI. I.V. PRAMOD THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC,J. --------------------- W.P.(C).No.17017 OF 2009 ------------------------ Dated this the 24th day of June, 2009. JUDGMENT The first petitioner is a member of the Managing Committee of the first respondent Bank and the second and 3rd petitioners are its members. 2. It is stated that on 27.5.2009, the Managing Committee of the Bank resolved to conduct election to the Managing Committee of the Bank on 2.8.2009. According to the petitioners, on that date itself, applications stated to have been made by 1013 persons for membership in the Bank were placed for consideration and despite their objections, Ext.P8 resolution was passed, giving them membership in the Society and Ext.P9 is the list of those new members. Petitioners submit that against the enumerous enrollment of members, Exts.P3 to P6 complaints were raised before WP(c).No.17017/09 2 respondents 3 and 4. According to the petitioners, on the complaints so filed, by Ext.P7, the 3rd respondent has initiated an enquiry and in the meanwhile steps are being continued for conducting the election as originally resolved by the Committee. Complaining that the enquiry will be inordinately delayed and thus the very purpose of the enquiry will be defeated, this writ petition is filed. 3. Learned Government Pleader on instructions submit that the Joint Registrar has already initiated an enquiry and that the matter now stands posted to 3.7.2009, when the complainants are scheduled to be heard. This submission of the Government Pleader is also endorsed by Sri. P.C.Sasidharan appearing for the 2nd respondent. 4. From the submissions thus made by both sides, it is therefore evident that the enquiry concerning the legality of the enrollment of the members pursuant to the resolution passed on 27.5.2009 has already been initiated and the matter now stands posted for hearing the parties. WP(c).No.17017/09 3 5. In view of the aforesaid facts, the only order that is required to be passed in this writ petition is that the 4th respondent is seized of the enquiry shall expedite and conclude the same without any further delay in the matter. Ordered accordingly. The Government Pleader also assures that in case for some reason the enquiry could not be completed within the time and if circumstances arises arrangement will be made for separate ballot boxes for the members whose membership is the subject matter of the enquiry. Writ petition is disposed of as above. (ANTONY DOMINIC) JUDGE vi/ WP(c).No.17017/09 4