IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 23RD NOVEMBER 2009 / 2ND AGRAHAYANA 1931 WP(C).No. 33275 of 2009(D) -------------------------- PETITIONER(S): --------------- E.S. VASUDEVAN NAIR, S/O. SANKARAN NAIR, AGED 70 YEARS, ANIL NIVAS, MUTHUPILAKKADU EAST, PORUVAZHY P.O., KOLLAM DIST. BY ADV. SRI. K.SIJU SRI.S.SUDHEESHKAR SRI.PRATHEESH.P RESPONDENT(S): --------------- 1. KERALA STATE CO-OPERATIE ELECTION COMMISSION, THIRUVANANTHAPURAM,REP. BY ITS SECRETARY. 2. JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES, OFFICE OF THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES, CIVIL STATION, KOLLAM. 3. THE ADMINISTRATOR/ASST. REGISTRAR OF CO-OPERATIVE SOCIETIES, OFFICE OF THE ASST. REGISTRAR OF CO-OPERATIVE SOCIETIES, SASTHAMCOTTA. 4. THE SASTHAMCOTTA PRIMARY CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK LTD., NO. Q 373, BHARANIKKAVU, SASTHAMCOTTA REP. BY ITS SECRETARY. 5. DEPUTY REGISTAR ( ADMINISTRATION) OFFICE OF THE JOINT REGISTRAR (GENERAL) CIVIL STATION, KOLLAM. GOVT. PLEADER SRI. K.C. SANTHOSH KUMAR. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= W. P (C) No. 33275 of 2009 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 23rd November, 2009. J U D G M E N T The petitioner is a member of the 4th respondent Co-operative Bank. The managing committee of the bank was superseded by Ext. P1 order dated 26-5-2008. In the Section 65 enquiry prior to the supersession, according to the petitioner, very serious irregularities and misappropriation of funds of the bank by the former managing committee have come to light. The petitioner contends that though Ext. P2 enquiry report was accepted by the 2nd respondent, no further steps have been taken for recovery of the amounts due to the bank on account of the irregularities and misappropriation committed by the managing committee. As a result of the same, according to the petitioner, unless steps are taken to recover the amounts from the persons responsible before the next election, the very same persons who are responsible for the irregularities and misappropriation may be able to contest the election. Apart from that, the petitioner also alleges that large number of members who are not entitled to be enrolled as members have been enrolled in the society. Although the 2nd respondent, by Ext. P3 order, authorised the 5th respondent to conduct an enquiry regarding the alleged illegal induction of new members, nothing has been done so far. The petitioner, therefore, seeks the following reliefs: “(i) Issue a writ of mandamus or any other writ or order directing the 2nd respondent to initiate proceedings U/S 68 of the act against the offenders, before initiating election proceedings to the Managing Committee of the 4th respondent Society. (ii) to issue a writ of mandamus commanding the 5th respondent to complete the enquiry initiated in pursuance to Ext. P3 in a time bound manner. (iii) to direct the respondents 1 to 4 to complete proceedings U/S. 68 of the Co-operative Societies Act and Ext. P3 before the W.P.C. No. 33275/09 -: 2 :- election to the Managing Committee of the 4th respondent society is notified. (iv) to direct the 2nd respondent to dispose of Ext. P5 representation in a time bound manner.” 2. The learned Government Pleader submits that proceedings are in progress in respect of both the complaints of the petitioner. However, since individual notices have to be issued to each of the persons involved, it would take some more time. The learned Government Pleader submits that the respondents expect to complete the enquiry within two months. The above submission is recorded and the writ petition is closed. Sd/- S. Siri Jagan, Judge. Tds/ [True copy] P.S to Judge.