IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN FRIDAY, THE 23RD JANUARY 2009 / 3RD MAGHA 1930 WP(C).No. 2570 of 2009(E) ---------------------------------- PETITIONER(S): -------------------- 1. P.P.SIBICHAN, S/O.POULOSE, 40 YEARS ADVOCATE, PUNNOTH HOSUE, IRUMBAYAM KARA, VELLOOR VILLAGE, VELKOM TALUK, KOTTAYAM. 2. SEBIN K.CYRIAC, S/O.CYRIAC, 33 YEARS, ADVOCATE KAITHAMATTOM HOUSE, PARAMBARAM KARA, MUTTUCHIRA VILLAGE, VAIKOM TALUK, KOTTAYAM. BY ADV. SRI.BABU JOSEPH KURUVATHAZHA SRI.V.M.SHAJU RESPONDENT(S): ----------------------- 1. KADUTHURUTHY URBAN CO-OP. BANK LTD., NO. K. 399, KADUTHURUTHY, REP. BY ITS GENERALMANAGER, OFFICE OF THE KADUTHURUTHY URBAN CO-OP BANK, KADUTHURUTHY KOTTAYAM DIST. 2. THE RETURNING OFFICER, ELECTION TO THE BOARD OF DIRECTORS OF THE KADUTHURUTHY URBAN CO-OPERATIVE BANK LTD., NO. K. 399, KADUTHURUTHY P.O., KOTTAYAM DIST. 3. ELECTION COMMISSION, KETRALA STATE CO. OP.ELECTION COMMISSION, THIRUVANANTHAPURAM. 4. JOINT REGISTRAR OF CO.OP.SOCIETIES (GENERAL), KOTTAYAM. 5. ASSISTANT REGISTRAR OF CO.OP.SOCIETIESW (GENERAL), VAIKOM. 6. BOARD OF DIRECTORS OF THE KADUTHURUTHY URBAN CO.OP.BANK LTD.NO.K.399, KADUTHURUTHY PO., KOTTAYAM, REP. BY ITS PRESIDENT. GOVT. PLEADER SRI. K.C.SANTHOSHKUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B. RADHAKRISHNAN, J. = = = = = = = = = = = = = = = = = = = = = = = = W.P.(C).No.2570 of 2009-E = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 23rd day of January, 2009. JUDGMENT Petitioners are advocates. They are members of the first respondent, an urban co-operative bank. The RBI had issued certain guidelines that a couple of chartered accountants and a couple of lawyers should be on the board of UCBs. It is stated that the first respondent has amended its bye-laws providing the vacancies earmarked for chartered accountants. As of now, the RBI guideline to earmark two seats in the committee for advocates is yet to be brought into the bye- laws of the society. If the society's general body decides to do it, such an amendment will come into operation, subject to the approval of the competent authority exercising the powers of the Registrar of Co-operative Societies. If the statutory authorities under the KCS Act take the WP(C)2570/2009 -: 2 :- view that the bank has to be compelled to carry out such an amendment into bye-laws, it may be available within the sweep of power to order compulsory amendment. But, that is no ground to interfere with the electoral process or in any manner detain the conduct of election to the committee which has to be done in terms of the bye-laws as in force. Equally, without such amendment, it is impermissible to direct that the advocates or law graduates should be permitted to contest in any particular category in Ext.P6 notification. That notification at category No.2.B does not take in advocates. Obviously, therefore, advocates or any category of persons falling within the category envisaged as 2.B cannot be candidates for that constituency. All that the petitioners could do is to persuade the Board of the first respondent or to move the competent authority for inclusion of a constituency for advocates in terms of the RBI guidelines. If any representation seeking such relief is specifically pending before the WP(C)2570/2009 -: 3 :- competent authority, that will be considered and disposed of. Let that be done at the earliest, however not affecting the ensuing election. The writ petition is ordered accordingly. THOTTATHIL B. RADHAKRISHNAN, JUDGE. Sha/050209