IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT:- THE HONOURABLE THE CHIEF JUSTICE MR.H.L.DATTU & THE HONOURABLE MR. JUSTICE A.K.BASHEER MONDAY, THE 13TH OCTOBER 2008 / 21ST ASWINA 1930 W.A.No.1961 of 2008 ------------------------------------ AGAINST THE JUDGEMENT IN W.P.(C).NO.24674/2008, DATED 19/09/2008 .................... APPELLANT/1ST PETITIONER:- -------------------------------------------- SATHJITH V.H., ADVOCATE, S/O.LATE HARIDAS AGED 47 YEARS, SURYAHARE, KURUMANDAL, PARAVUR, KOLLAM. BY ADV. SRI.GEORGE POONTHOTTAM RESPONDENTS/RESPONDENTS & 2ND PETITIONER:- ----------------------------------------------------------------------------- 1. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL), KOLLAM. 2. BOARD OF DIRECTORS, PARAVUR SNVRC BANK LTD.NO.1685, REPRESENTED BY ITS PRESIDENT. 3. PARAVUR SNVRC BANK LTD.NO.1685, REPRESENTED BY ITS SECRETARY, PARAVUR P.O. - 691301, KOLLAM. 4. PRINCIPAL SECRETARY, CO-OP. DEPARTMENT, SECRETARIAT, TRIVANDRUM. 5. P.JAYAPRAKASH (JAYA SINGH), 61 YEARS, S/O.LATE PARAMESWARAN, BHARANAZHIKATH VEEDU, KONGAL, PARAVUR P.O., KOLLAM. W.A.NO.1961 OF 2008. - 2 - ADDITIONAL RESPONDENTS 6 TO 8 IMPLEADED: ---------------------------------------------------------------------- ADDL.R6. THE STATE CO-OPERATIVE ELECTION COMMISSION, THIRUVANANTHAPURAM, REPRESENTED BY ITS SECRETARY. ADDL.R7. THE ELECTORAL OFFICER, PARAVUR SNVRC BANK LTD.NO.1685, REPRESENTED BY ITS SECRETARY, PARAVUR P.O. - 691 301, KOLLAM. ADDL.R8. THE RETURNING OFFICER, PARAVUR SNVRC BANK LTD. NO.1685, REPRESENTED BY ITS SECRETARY, PARAVUR P.O. - 691 301, KOLLAM. (ADDITIONAL RESPONDENTS 6 TO 8 ARE IMPLEADED AS PER ORDER DATED 29.09.2008, IN I.A.NO.876 OF 2008.) ADDITIONAL 9TH RESPONDENT IMPLEADED: ----------------------------------------------------------------\ ADDL.R9. V.PRAKASH, S/O.VISWANATHAN, KOTHETHUVILA VEEDU, KOTTAPURAM, PARAVUR, KOLLAM. (ADDITIONAL RESPONDENT NO.9 IS IMPLEADED AS PER ORDER DATED 7.10.2008 IN I.A.NO.888 OF 2008). R1, R4, R6, R7 & R8 BY SPECIAL GOVERNMENT PLEADER SMT.A.G.ANEETHA. R2 & R3 BY ADV. SRI.KRB.KAIMAL (SR.) & SRI.B.SURESH KUMAR. R9 BY ADV.SRI.D.SOMASUNDARAM. THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 13/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: H.L.Dattu,C.J. & A.K.Basheer,J. --------------------------------------------- W.A.No.1961 of 2008 -------------------------------------------- Dated, this the 13th October, 2008 JUDGMENT H.L.Dattu,C.J. This Writ Appeal is directed against the orders passed by the learned Single Judge in W.P.(C).No.24674 of 2008 dated 19th September, 2008. By the impugned order, while disposing of the writ petition, the learned Single Judge had issued the following directions. They are as under: “(i) Ext.P3 in W.P.(C).24280/08 will have to be governed by the interim order passed in that case on 12.8.2008, which is hereby ordered to be a final one. (ii) The official respondents will ensure that election to the committee of the society is duly held in terms of the resolution drawn and forwarded by the committee of the society. (iii) In that electoral process, the competent authority will consider any objection raised to the continuance of any person as member, to the extent of their ineligibility to vote in the election. Subject to the aforesaid, all contentions of parties in relation to ineligibility etc. are preserved to be W.A.No.1961 of 2008 - 2 - agitated before the competent authority, viz., the Electoral Officer or before the Arbitrator in any election dispute, as stated above. The writ petitions are ordered accordingly”. (2) Petitioners before this Court claim themselves to be active members of the 3rd respondent, Paravur S.N.V. Regional Co-operative Bank. In the writ petition filed, the petitioners had sought for the following reliefs. They are - firstly, to direct the Joint Registrar of Co-operative Societies (General), Kollam to take urgent follow up action on Exhibit P8 to remove the ineligible members from the membership of the respondent-Bank, and, secondly, for a direction to 1st and 4th respondents not to permit the 2nd and 3rd respondents to conduct the ensuing election to the Board of Directors based on the voters list without removing the ineligible members from the list of voters. There was no other prayer in the writ petition. (3) In fact, the learned Single Judge, while disposing of the writ petition, had directed the competent authorities/ Electoral Officer to prepare a list of eligible members who can participate in the election process and while giving the aforesaid direction, had granted him only three days time to do that exercise. (4) The 1st petitioner, being aggrieved by the orders and directions issued by the learned Single Judge, has presented this Writ Appeal. W.A.No.1961 of 2008 - 3 - (5) While entertaining the Writ Appeal, we had granted time till 10.10.2008 to the Electoral Officer to prepare the final list of eligible persons/voters, eligible to participate in the election process that may be held by the respondent-Bank. (6) Pursuant to the directions issued by us, we are informed by Smt.K.Meera, learned Government Advocate, that, the Electoral Officer has done that exercise and has prepared voters list of eligible persons who can participate in the election process and has published the same in the notice board. (7) In view of these proceedings during the pendency of the writ petition as well as during the pendency of the Writ Appeal, in our opinion, all the reliefs sought for by the petitioners in the writ petition are substantially granted by the respondents themselves. Therefore, in our opinion, the appellant cannot have any further grievance in the matter. If, for any reason, the appellant is of the opinion, that, there are some more ineligible persons, whose names find a place in the final voters list, and if they participate in the election process scheduled to be held by the respondent Bank, he can definitely question the same before an appropriate forum, after the election process is over. (8) In view of the aforesaid discussion, in our opinion, nothing else survives in this Writ Appeal for our consideration and W.A.No.1961 of 2008 - 4 - decision and, therefore, the Writ Appeal is disposed of as having become unnecessary. Ordered accordingly. H.L.Dattu Chief Justice A.K.Basheer Judge vku/dk