IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE B.P.RAY MONDAY, THE 22ND NOVEMBER 2010 / 1ST AGRAHAYANA 1932 WA.No. 1497 of 2010() --------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.25624/2010 Dated 19/08/2010 .................... APPELLANT(S): IST RESPONDENT ---------------------------- KOZHIKODE PRIMARY CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK LTD NO.4362, PUTHIYARA P.O., KOZHIKODE - 673 004, REPRESENTED BY ITS SECRETARY. BY ADV. SRI.T.A.SHAJI RESPONDENT(S): PETITIONER & RESPONDENTS 2 TO 4 ---------------------------------------------- 1. T.N.VALSALAN, THACHORAKKAL HOUSE, NARIKUNI, KOZHIKODE. 2. THE RETURNING OFFICER, KOZHIKODE PRIMARY CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK LTD.NO.4362, CIVIL STATION UNIT INSPECTOR, O/O. THE ASSISTANT REGISTRAR OF CO-OPERATIVE (G), PUTHIYARA, KOZHIKODE, PIN - 673004. 3. THE ELECTORAL OFFICER/ASSISTANT REGISTRAR OF CO-OPERATIVE (G), PUTHIYARA, KOZHIKODE, PIN - 673004. 4. THE STATE CO-OPERATIVE ELECTION COMMISSION, THIRUVANANTHAPURAM, THIRUVANANTHAPURAM - 1, REPRESENTED BY ITS SECRETARY. R1 BY ADV. SRI.P.P. JACOB R2 TO R4 BY SPL. G.P. SMT. ANU SIVARAMAN THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 22/11/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C .N. RAMACHANDRAN NAIR, & BHABANI PRASAD RAY, JJ. -------------------------------------------- W.A. No. 1497 of 2010 -------------------------------------------- Dated this the 22nd day of November, 2010 JUDGMENT Ramachandran Nair, J. Writ Appeal is filed against the judgment of the learned single Judge declaring the election to the managing committee of the appellant-society invalid for the reason that bye-laws of the society were not amended with the approval of the General Body providing for reservation for women upto 3 as against 1 provided in the society's bye- laws prior to amendment of Section 28A of the Kerala Co-operative Societies Act. Amendment to Section 28A was with effect from 28.4.2010 and election itself was notified to be held on 28.8.2010. We have heard counsel appearing for both sides and also Government Pleader. 2. Question of law raised by the respondent, that found acceptance with the learned single Judge, is that bye-laws of the society should be first amended in line with Section 28A and election should have been notified thereafter. Constituencies reserved for women WA 1497 of 2010 2 should have been fixed by the appellant with the approval of the General Body and thereafter only election could have been held. Respondent's claim based on Division Bench decision of this Court was accepted by the learned single Judge and the learned single Judge therefore set aside the election directing fresh election. After going through the judgment of the learned single Judge, and after hearing both sides, what we find is that notification was issued for holding election by taking into account increased reservation provided for women at 3 members. In fact, out of 9 members constituting the managing committee of the appellant-society, three are reserved for women and one for Scheduled caste community. So much so, constitution of the present managing committee of the appellant is in tune with the amended provisions of Section 28A. The remaining question is only whether the constituencies fixed for women and notified in Ext.P2 publication by the Election Commission did not have the approval of the General Body as required under Section 28A of the Act. We feel at the maximum it is only a defect, inasmuch as if the present committee can get the reserved constituencies for women fixed WA 1497 of 2010 3 in line with the election notification, then the election automatically gets regularised. On the other hand, if the General Body fixes the constituencies for women or Scheduled Caste differently then election calls for cancellation and fresh election has to be conducted. In the circumstances, Writ Appeal is disposed of by modifying the judgment of the learned single Judge as follows: 1. The appellant-society is directed to convene General Body Meeting for the purpose of amending the bye-laws in tune with Section 28A of the Act for fixing constituencies for women and get the byelaw amended within a period of three months from now. 2. If the reserved constituencies fixed for women are different from the constituencies where from they are returned as of now to the committee, then election will forthwith stand cancelled on the passing of the amendment to the byelaws and in that event election will be renotified by providing reservation for women in line with the amended byelaws. 3. If the amendment to byelaws is such that constituencies WA 1497 of 2010 4 reserved for women are in line with the constituencies notified under Ext.P2 notification based on which election was held, then election will be treated as valid and the present committee can continue for the tenure for which they are elected. (C.N.RAMACHANDRAN NAIR) Judge. (BHABANI PRASAD RAY) Judge. kk WA 1497 of 2010 5