IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN THURSDAY, THE 23RD JUNE 2011 / 2ND ASHADHA 1933 WP(C).No. 16963 of 2011(U) -------------------------- PETITIONER(S): --------------- SUKUMARAN, MALATHEE BHAVAN, GANDHINAGAR, VEMBAYAM P.O., THIRUVANANTHAPURAM. BY ADV. SRI.A.RAJASIMHAN RESPONDENT(S): --------------- 1. JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL), VANCHIYOOR, THIRUVANANTHAPURAM-695035. 2. THIRUVANANTHAPURAM DISRICT CONSTRUCTION AND BUILDING WORKER'S WELFARE CO-OPERATIVE SOCIETY LTD.NO.T.1645, VENJARAMOODU, THIRUVANANTHAPURAM- 695607, REPRESENTED BY ITS SECRETARY. 3. S.VENURAJAN, PRESIDENT, THIRUVANANTHAPURAM DISTRICT CONSTRUCTION AND BUILDING WORKER'S WELFARE CO-OPERATIVE SOCIETY LTD.NO.T.1645, VENJARAMOODU, THIRUVANANTHAPURAM-695607. 4. RETURNING OFFICER, SREEKARIAM UNIT INSPECTOR, STATE CO-OPERATIVE ELECTION COMMISSION, COBANK TOWER, LMS, THIRUVANANTHAPURAM-695001. BY GOVT. PLEADER SRI.ABDUL SALAM. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN W.P.(C) NO.16963 of 2011 EXT.P1 TRUE COPY OF BYE LAW. EXT.P2 TRUE COPY OF THE NOTIFICATION PUBLISHED IN KERALA KOUMUDI DATED 21.5.2011. EXT.P3 TRUE COPY OF THE COMPLAINT DATED 13.6.2011. //TRUE COPY// P.A. TO JUDGE. P.N. RAVINDRAN, J. ------------------------------- W.P.(C) No.16963 OF 2011 ------------------------------- Dated this the 23rd day of June, 2011 J U D G M E N T The petitioner is a member of the managing committee of the second respondent co-operative society, the term of which expires shortly. Based on the resolution adopted by the managing committee, the Joint Registrar of Co-operative Societies (General), Thiruvananthapuram, within whose jurisdiction the first respondent society has its area of operation, appointed a Returning Officer to hold election to the managing committee of the society. The Returning Officer has in turn issued Ext.P2 notification dated 24.5.2011 proposing to conduct the poll, if necessary, on 3.7.2011. This writ petition is filed contending that as stipulated in rule 35A(3)(iv) of the Co-operative Societies Rules (hereinafter referred to as 'the Rules' for short) the dates between which the objections to the draft voters list have to be filed and the date on which, the hours between which, and the place at which, the objections, if any, shall be scrutinized have not been set out in Ext.P2 and it being a mandatory requirement, the notification is not in tune with the statutory provisions and is therefore liable to be quashed. It is also contended that the draft voters list was not published as a result of which the petitioner was disabled from filing objections to it. W.P.(C) No.16963 of 2011 2 2. The writ petition proceeds on the assumption that rule 35A applies to the second respondent society. Rule 35A applies only to Credit Societies, Apex Societies and Central and Federal Societies. True, the Government can by notification extend the operation of section 28B of the Act and consequently rule 35A of the rules to any other society or class of societies. The petitioner has no case that the State Government has by virtue of a notification made applicable section 28B of the Act to the second respondent bank, and therefore, rule 35A of the rules has no application to the case on hand. The rule which is relevant with regard to the conduct of elections to the second respondent society is rule 35. Rule 35 of the rules reads as follows:- “35. Procedure regarding conduct of Election to the Committee of Societies:- The election of the members of the committee of a Society (which does not come under sub-section (1) of section 28 (B) of the Act) shall be conducted in the following manner. (1) x x x x (2)x x x x (3) (a) The Returning Officer shall give intimation regarding the details of election of the members of the Committee to all members included in the final list of the voters, to vote at the election of the committee, either in person and obtain their full signature in token of having received the same, or W.P.(C) No.16963 of 2011 3 by post under certificate of posting or by publishing such details in two vernacular dailies having wide circulation in the area. A copy of the intimation shall also be affixed on the notice board of the Head Office and the branches, if any, of the society. The intimation shall contain the following particulars:- (i) The number of vacancies to be filled up by election; (ii) Any area or constituency that is specified in the bye-laws from which members are to be elected; (iii) The date on which, the place at which and the hours between which nomination paper shall be filed by the contesting candidate or by his proposer or seconder such dates not being less than seven clear days before the dates fixed for the election; (iv) the date and hour when the nomination paper will be scrutinised; (v) the date on which, the place at which and the hours between which, polling will take place. (b) The committee in office shall prepare a list of members qualified to vote at the election in accordance with the provisions of the Act, these Rules and Bye-laws as stood on a date 60 days prior to the date fixed for the poll and supply the W.P.(C) No.16963 of 2011 4 same, to the Returning Officer. The Returning Officer shall publish copies of the list by affixing them to the notice Board at the Head Office of the society and its branches, if any, not less than twenty days prior to the date fixed for election inviting objections, if any, in the matter, within seven days of publication. The list shall specify the admission number, name of the member, name of the Father or Husband and the address of such member. After considering the objections, if any, the Returning Officer shall publish a final list of eligible voters on the Notice Board of the society and in its branches, if any, not less than 10 days prior to the date fixed for the poll. A copy of such list shall be supplied by the society to any member on payment of such fees as may be prescribed by the committee. All that the rule 35 stipulates is that the Returning Officer shall publish copies of the list by affixing them to the notice board at the Head Office of the society and its branches, if any, not less than 20 days prior to the date fixed for election inviting objections, if any, in the matter, within seven days of publication. Ext.P2 notification is dated 24.5.2011. As per the said notification, the draft voters list was to be published on or before 4.6.2011, objections were to be filed on or before 5 p.m. on 13.6.2011 and the poll is proposed to be held, if required, on 3.7.2011. Therefore, the notification is in tune with W.P.(C) No.16963 of 2011 5 clause (b) of sub-rule(3) of rule 35 of the rules. I, therefore, find no merit in the contention of the petitioner that Ext.P2 notification is not in tune with the relevant rules. Then the only question remains to be considered is whether as contended by the petitioner the draft voters list was not published. It is a matter on which oral and documentary evidence will have to be adduced. Such an exercise can be done in a properly constituted election petition if the petitioner is interested in challenging the election. Without prejudice to that right, the writ petition is dismissed. P.N. RAVINDRAN, JUDGE. nj.