IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 14TH JULY 2009 / 23RD ASHADHA 1931 WP(C).No. 17945 of 2009(K) -------------------------- PETITIONER(S): --------------- K.K.POLY, MEMBER, KALLETTUMKARA SERVICE CO.OPERATOIVE BANK LTD.NO.141, KALLETTUMKARA,PO, THRISSUR DIST. BY ADV. SRI.GEORGE POONTHOTTAM RESPONDENT(S): --------------- 1. STATE CO.OPERATIVE ELECTION COMMISSION, THIRUVANANTHAPURAM. 2. THE JOINT REGISTRAR OF CO.OPERATIVE SOCIETIES(G), THRISSUR. 3. KALLETTUMKARA SERVICE CO.OPERATIVE BANK LTD. NO.141, KALLETTUMKARA PO, TRICHUR DIST, REP.BY THE SECRETARY. ADV. SMT.I.SHEELA DEVI FOR R3 MS.A.G.ANEETHA, SPL. GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 14/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.17945/2009 APPENDIX PETITIONER'S EXHIBITS P1 : COPY OF THE NOTICE NO.CRP(2)3221/2008 DATED 24/02/2009. P2 : COPY OF THE JUDGMENT IN WPC NO.8170/2009 DATED 18/03/2009. P3 : COPY OF THE ORDER IN R.P.NO.419/09 IN WPC NO.8170/2009 DATED 25/05/2009. P4 : COPY OF THE COMMUNICATION NO.O.3118/09 DATED 19/05/2009. P5 : COPY OF THE ORDER NO.CRP(2)3221/08 DATED 06/06/2009. P6 : COPY OF THE RESOLUTION. //TRUE COPY// PA TO JUDGE. jg ANTONY DOMINIC, J. ------------------------- W.P.(C.) No.17945 of 2009 --------------------------------- Dated, this the 14th day of July, 2009 J U D G M E N T The petitioner is the member of the 3rd respondent Society. The term of the present Managing Committee is to expire on 13/08/2009. 2. The Managing Committee of the Society passed a resolution on 02/05/2009 to conduct election on 26/07/2009. That was forwarded to the Joint Registratr, who by Ext.P4 dated 19/05/2009, forwarded the resolution to the 1st respondent for necessary action. At that stage, on 06/06/2009, the Committee was superseded, and an Administrator was appointed. That order was challenged before this Court in WP(C) No.15973/2009, and by judgment rendered on 13/06/2009, the order was set aside. It was directed that the Administrator shall forthwith hand over charge of the Society to the Committee of which the petitioner therein was the President. 3. The petitioner submits that subsequent to the judgment, WP(C) No.17945/2009 -2- on 03/07/2009, the Committee passed a resolution to conduct election on 08/08/2009, and by Ext.P6 dated 04/07/2009, the resolution was forwarded to the Assistant Registrar for onward transmission to the Election Commission, through the Joint Registrar. Prayer sought in this writ petition is that the Assistant Registrar, the Joint Registrar and the Election Commission should be directed to take necessary action on the resolution dated 03/07/2009. 4. The learned Government Pleader, on instructions, submits that in pursuance to the judgment in WP(C) No.15973/2009 dated 13/06/2009, the charge was handed over by the Administrator to the Committee on 09/07/2009. It is stated that for that reason, the resolution dated 03/07/2009 is incompetent. 5. The submission of the learned Government Pleader is contradicted by the learned counsel for the petitioner contending that on the setting aside of the order dated 06/06/2009, the Committee should be deemed to be restored in office. A reading of the concluding paragraph of the judgment shows that this Court set aside the order and further directed the Administrator to forthwith hand over charge to the committee. This direction necessarily WP(C) No.17945/2009 -3- required the 2nd respondent to hand over charge, and going by the aforesaid direction, the contention of the learned counsel for the petitioner that the Committee should be deemed to be restored in Office as a consequence of the judgment, cannot be accepted. Now that charge has been handed over on 09/07/2009, this Court will not be justified in directing the authorities to take cognizance of the resolution allegedly passed on 03/07/2009. But, however, that does not mean that the election should not be held, if a valid and proper resolution is passed and forwarded to the Officers. 6. Therefore, the writ petition is disposed of directing that it will be open to the Managing Committee of the 3rd respondent to pass an appropriate resolution for the conduct of the election and forward the same to the 2nd respondent, who shall, on receipt thereof, immediately forward the same to the 1st respondent for the appointment of a Returning Officer and Electoral Officer, in order to ensure that the election is conducted well in time. The writ petition is disposed of as above. (ANTONY DOMINIC, JUDGE) jg