IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN SATURDAY, THE 19TH NOVEMBER 2011 / 28TH KARTHIKA 1933 WP(C).No. 22761 of 2011(U) -------------------------- PETITIONER(S): --------------- TRICHUR HANDICRAFTS WORKERS INDUSTRIAL (WORKSHOP) CO-OPERATIVE SOCIETY LTD.NO.C IND (R)193, SREEKRISHNA COMPLEX,SHORNUR ROAD, THIRUVAMBADY P.O.,THRISSUR-1, REPRESENTED BY ITS PRESIDENT. BY ADV. SRI.M.SASINDRAN RESPONDENT(S): --------------------- 1. THE GENERAL MANAGER, DISTRICT INDUSTRIES CENTRE, THRISSUR-680 001. * ADDL. R2 IMPLEADED 2. THE ADMINISTRATOR, TRICHUR HANDICRAFTS WORKERS INDUSTRIAL (WORKSHOP) CO-OPERATIVE SOCIETY LTD. NO.C.IND (R) 193,JUNIOR SUPERVISOR, HANDLOOM, THRISSUR,TALUK INDUSTRIES OFFICE,THRISSUR- 680001. * (IMPLEADED VIDE ORDER DTD. 29/08/11 IN IA 14374/11). BY SR. GOVT. PLEADER SMT. ANITHA RAVINDRAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19/11/2011, ALONG WITH WPC NO. 24090 OF 2011 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs W.P.(C). NO. 22761/2011 APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE RESOLUTION DATED 21/05/2011 ADOPTED BY THE COMMITTEE TO CONDUCT ELECTION. P2: COPY OF THE REQUEST DATED 03/06/2011. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.A. TO JUDGE. svs P.N.RAVINDRAN, J. ----------------------------------------- W.P(C).Nos.22761 & 24090 of 2011 ----------------------------------------- Dated this the 19th day of November, 2011 JUDGMENT W.P(C)No.22761 of 2011 is a writ petition filed by an Industrial Workers Co-operative Society for an order directing the first respondent to appoint a Returning Officer to hold elections to the Managing Committee of the society in terms of Ext.P1 resolution adopted by its Board of Directors on 21.5.2011. By that resolution the Managing Committee resolved to hold an election on 24.9.2011 having regard to the fact that the term of the Committee will expire on 27.9.2011. It was contended that though Ext.P1 resolution was forwarded to the first respondent along with Ext.P2 letter with a request to appoint a Returning Officer, the first respondent has not acted on the said request. 2. W.P.(C)No.22761 of 2011 was filed on 20.8.2011. Two days later the first respondent therein issued an order dated 22.8.2011, under section 32 of the Kerala Co-operative Societies Act superseding the Managing Committee of the petitioner society in W.P.(C)No.22761 of 2011 for want of quorum and also for W.P(C).Nos.22761 & 24090 of 2011 -:2:- certain other grounds and appointed the Junior Supervisor (Handloom), Thrissur, as Administrator for a period of six months. By that order he also directed the Administrator to take steps to hold fresh elections within six months and to conduct an enquiry under section 66 of the Kerala Co-operative Societies Act. Five members of the Managing Committee that was superseded by that order have filed W.P.(C)No.24090 of 2011 challenging the order dated 22.8.2011 passed by the first respondent, a copy of which is produced in it as Ext.P6. 3. It is evident from the pleadings and the materials on record that the term of the Managing Committee which was in office when it was superseded by Ext.P6 order produced in W.P. (C)No.24090 of 2011 came to an end on 27.9.2011. The Managing Committee cannot continue in office after 27.9.2011. This Court can therefore only direct the Administrator appointed by the first respondent in these writ petitions to hold elections to constitute a new Managing Committee within the period of six months stipulated in Ext.P6 order dated 22.8.2011 produced in W.P.(C)No.24090 of 2011. I accordingly dispose of these writ petitions with a direction to the first respondent in the writ petitions and the Administrator W.P(C).Nos.22761 & 24090 of 2011 -:3:- appointed by the first respondent to manage the affairs of the Thrissur Handicrafts Workers' Industrial (Workshop) Co-operative Society Limited and to hold elections to constitute a new Managing Committee for the said society within a period of six months from 22.8.2011, the date on which an Administrator was appointed for the said society. The contentions of the petitioners on the merits are kept open. P.N.RAVINDRAN, Judge. ahg. P.N.RAVINDRAN, J. --------------------------- W.P(C).Nos.22761 & 24090 of 2011 ---------------------------- JUDGMENT 19th November, 2011