IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN WEDNESDAY, THE 2ND JUNE 2010 / 12TH JYAISTHA 1932 WP(C).No. 15495 of 2010(J) ------------------------------------- PETITIONER(S): -------------------------- CHERAMANGALAM KSHEERA VYVASAYA SAHAKARANA SANGAM,LIMITED NO.P.12(D), CHERAMANGALAM,PALAKKAD,REPRESENTED BY ITS SECRETARY. BY ADV. SRI.P.VIJAYA BHANU SRI.V.A.JOHNSON (VARIKKAPPALLIL) RESPONDENT(S): -------------------------- 1. DEPUTY DIRECTOR,DAIRY DEVELOPMENT DEPARTMENT,CIVIL STATION,PALAKKAD. 2. P.HARIDAS, S/O. LATE PAZHANI, AGED 50 YEARS, RESIDING AT THANNIPARAMBIL, CHERAMANGALAM, ALATHUR TALUK, PALAKKAD DISTRICT. 3. MUHAMMED HANEEFA, AGED 56 YEARS, S/O. UMMAR ALI RAWATHER, MELEPADAMKALAM, CHEENIKODE THERUV, MELARCODE P.O., ALATHUR TALUK, PALAKKAD DISTRICT. R1 BY GOVT. PLEADER SRI.K.C.SANTHOSHKUMAR R2 BY ADVS. SRI.BABY MATHEW, SRI.JOHNSON P.JOHN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss K.SURENDRA MOHAN, J ........................................... WP(C).NO. 15495 OF 2010 ............................................ DATED THIS THE 2nd DAY OF JUNE, 2010 JUDGMENT The petitioner, a Society registered under the Kerala Co-operative Societies Act, 1969 has filed this writ petition complaining of inaction on the part of the first respondent in taking necessary action on the basis of Ext.P5 resolution. As per Ext.P5 resolution, the petitioner has decided to conduct an election on 2.7.2010 to fill up the vacancies to the posts of two of the members of the Board of Directors of the petitioner. It is contended by the counsel for the petitioner that immediately on receipt of Ext.P5 resolution, the first respondent should have appointed a Returning Officer for the conduct of the election, as mandated by Rule 35(2) of the Co-operative Societies Rules. Therefore, the petitioner prays for the issue of appropriate directions in this regard. 2. The prayer in this writ petition is opposed by the respondents 2 and 3 who have got themselves impleaded as per order in I.A.No.6783 of 2010. Respondents 2 and 3 are former members of the Wpc 15495/2010 2 Board of Directors. The second respondent has been disqualified by the petitioner while the third respondent has already resigned. Respondents 2 and 3 rely on Exts.R2(a), R2(b) and R2(c) to point out that out of the nine members who constitute the Board of Directors, there are only four members available, at present. Therefore, according to them, the present Board of Directors does not have the necessary quorum to meet and transact any business. Consequently, the resolution Ext.P5 that is alleged to have been passed by the Board is defective and is not liable to be acted upon by the first respondent. Therefore, it is pointed out that the first respondent has rightly refrained from appointing a Returning Officer to conduct the election that has been scheduled by the petitioner as per Ext.P5. 3. The learned Senior Government Pleader Mr.K.C.Santhosh Kumar points out that Ext.P5 resolution has already been submitted to the first respondent who has to consider the same. The objections to the said resolution raised by respondents 2 and 3 can also be considered by the first respondent while taking a decision in the matter. 4. Since the issues raised are already under consideration of the Wpc 15495/2010 3 first respondent, I do not think it necessary to consider and pass final orders on the rival contentions raised before me. Suffice it to direct the first respondent to consider all the objections while taking a final decision on Ext.P5. 5. In the above circumstances, this writ petition is disposed of directing the first respondent to consider the objections of the second respondent also while considering Ext.P5 resolution that has been submitted before him by the petitioner. The first respondent shall consider the rival contentions and shall pass appropriate orders on Ext.P5 in accordance with law, as expeditiously as possible and at any rate within a period of ten days from the date of receipt of a copy of this judgment. K.SURENDRA MOHAN, JUDGE lgk