IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN FRIDAY, THE 21ST OCTOBER 2011 / 29TH ASWINA 1933 WP(C).No. 12907 of 2008(J) ------------------------------------ PETITIONER(S): ------------------------ 1. P.C.HARIDASAN AGED 41 YEARS, S/O. CHAKRAPANI RESIDING AT PALAKKATTUTHAZATHU HOUSE, ENADI P.O., CHEMPU VILLAGE, VAIKOM TALUK, KOTTAYAM DISTRICT 2. K.K.KRISHNAN KUTTY, AGED 68 YEARS, S/O. KUNJAN RESIDING AT KURUPPANVELIL ENADI P.O., CHEMPU VILLAGE, VAIKOM TALUK, KOTTAYAM DISTRICT 3. P.K. CHANDRAN AGED 52 YEARS S/O. PADMANABHAN ACHARI RESIDING AT KATHIRAKKOTTU HOUSE, BRAMAMANGALAM, CHEMPU VILLAGE,VAIKOM TALUK, KOTTAYAM DISTRICT 4. M.R. MANI, AGED 64 YEARS S/O. RAMAN RESIDING AT KOGANPARAMBIL HOUSE KARIPPADOM P.O., CHEMPU VILLAGE VAIKOM TALUK, KOTTAYAM DISTRICT 5. M.O. CHACKO, AGED 50 YEARS S/O. OUSEPH RESIDING AT MANIYANKUNNU BRAHMANGALAM,CHEMPU VILLAGE VAIKOM TALUK, KOTTAYAM DISTRICT BY ADV. SRI.SUNU P.JOHN SRI.P.K.MURALEEDHARAN SRI.C.DEVANAND tss W.P.(C) NO.12907/2008 RESPONDENT(S): ---------------------- 1. STATE OF KERALA REPRESENTED BY THE SECRETARY CO-OPERATIVE DEPARTMENT SECRETARAIT, THIRUVANANTHAPURAM 2. THE STATE CO-OPERATIVE ELECTION COMMISSION OFFICE OF THE ELECTION COMMISSION (CO-OPERATIVE) DEPARTMENT OF CO-OPERATION SECRETARIAT, THIRUVANANTHAPURAM 3. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES, OFFICE OF THE JOINT REGISTRAR CIVIL STATION, KOTTAYAM. 4. THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES, ELECTORAL OFFICER OFFICE OF THE ASSISTANT REGISTRAR CO-OPERATIVE VAIKOM. 5. THE RETURNING OFFICER, BRAHAMANGALAM, GRAMA SWARAJ SERVICE CO-OPERATIVE BANK LTD,BRAHAMAMANGALAM OFFICE OF THE ASSISTANT REGISTRAR VAIKOM KOTTAYAM. 6. BRAHAMAMANGALAM, GRAMA SWARAJ SERVICE CO-OPERATIVE BANK LTD, REPRESENTED BY ITS SECRETARY BRAHAMAMANGALAM P.O. VAIKOM KOTTAYAM. 7. THE DIRECTOR BOARD OF BRAHAMAMANGALAM, GRAMA SWARAJ SERVICE CO-OPERATIVE BANK LTD, REPRESENTED BY ITS PRESIDENT, BRAHAMAMANGALAM P.O.VAIKOM KOTTAYAM. R6 & R7 BY ADV. SRI.GEORGE POONTHOTTAM THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss W.P.(C) NO.12907/2008 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE RELEVANT PAGES OF THE BYELAW OF THE BRAHMANGALAM GRAMA SWARAJ SERVIE CO-OPERATIVE BANK LTD. DTD. NIL. P2:- COPY OF THE RELEVANT PAGES OF ANNUAL GENERAL BODY REPORT 2004=-05 DTD. NIL. P3:- COPY OF THE COMPLAINT DTD. 27.3.2008 . P4:- COPY OF THE COMPLAINT DTD. 2.4.08. P5:- COPY OF THE RELEVANT PAGES OF THE FINAL VOTERS LIST, DTD. NIL. P6:- COPY OF THE ELECTION NOTIFICATION NO.E(2) /108/2008/SCEC DTD. 10.3.2008. RESPONDENT'S EXHIBITS NIL:- TRUE COPY P.S. TO JUDGE tss P.N.RAVINDRAN, J. ----------------------------------------- W.P(C).No.12907 of 2008 ----------------------------------------- Dated this the 21st day of October, 2011 JUDGMENT Ex.P6 election notification dated 10.3.2008 issued by the State Co-operative Election Commission is under challenge in the instant writ petition. Though this writ petition was admitted on 11.4.2008 this Court did not deem it fit and proper to grant an interim order staying the election. This Court only directed that the election and taking over of charge by any elected committee will be subject to further orders. Pursuant to Ext.P6 notification the election was held on 13.4.2008. The managing committee elected on that day assumed office and they have been in office for the past more than three years and six months. The main ground on which the election was challenged is that the share value was enhanced without proper notice and therefore majority of the members could not pay the increased share value and exercise their right to vote. In my opinion in view of the long passage of time it would not be just or fair to interfere with the election held on 13.4.2008 at this distance of time. The W.P(C).No.12907 of 2011 -:2:- committee will remain in the office only for a further period of one year and six months. In such circumstances I find no reason to interfere with Ext.P6. The writ petition fails and is accordingly dismissed. P.N.RAVINDRAN, Judge. ahg. P.N.RAVINDRAN, J. --------------------------- W.P(C).No.12907 of 2008 ---------------------------- JUDGMENT 21st October, 2011