S. Siri Jagan, J.
1. The petitioner is a candidate who aspires to contest the election to the Managing Committee of the 5th respondent Co-operative Bank. His nomination has already been accepted. Now he raises a grievance regarding the manner of printing of ballot papers for the election. According to the petitioner hitherto, the practice followed for election in this particular Co-operative Society and other Co-operative societies in the area was to print the names of the candidates, in the ballot paper in different colours. But contrary to the practise followed, now, on the basis of Ext.P4 circular issued by the Registrar of Cooperative Societies, the returning officer intends to print the names of the candidates in the ballot paper in single color, which is inconsistent with the practice followed in the elections of this Co-operative Society and other Co-operative Societies in that area. The petitioner is aggrieved by the same.
2. The petitioner challenges C1. No. 1 of Ext.P4, which prescribes printing of ballot papers in single colour. The petitioner contends that the Registrar of Co-operative Societies does not have power to issue such a direction. According to the petitioner, the election has to be conducted by the State Co-operative Election Commission and the powers of Election Commission has been specifically detailed in Section 28-B of the Kerala Co-operative Societies Act. The Act does not contemplate any powers in the Government or the Registrar of Co-operative Societies in the matter of election to Co-operative Societies and it is exclusively within the jurisdiction of the Kerala State Co-operative Election Commission to decide the modalities of conducting election. It is an independent statutory authority, who is not subject to the supervision of the Registrar of Co-operative Societies in the matter of conduct of election in Co-operative Societies. He also refers to Rule 35A(j) of the Kerala Co-operative Societies Rules as per which it is for the electoral officer to decide the manner of printing of ballot papers. The petitioner therefore seeks the following reliefs:
i) Issue a writ of certiorari calling for the records leading to Ext.P4 and to quash direction No. 1 therein as it is beyond the powers and jurisdiction of the 2nd respondent.
ii) Issue a writ declaring that the 2nd respondent has no jurisdiction or power to issue a direction No. 1 as contained in Ext.P4, on constitution of the State Co-operative Election Commission, through its formation by amendment of the Act and therefore the direction issued as per Ext.P4 is transferring the powers and jurisdiction of the 1st respondent.
iii) Issue a writ in the nature of mandamus directing respondents 3 and 4 to follow the practice prevalent in the area and followed in the previous elections while printing the ballot paper for the election to the managing committee of the 5th respondent as notified as per Ext.P1.
3. The learned Government Pleader relies on Section 66A of the Kerala Co-operative Societies Act to support Clause l of Ext.P4. According to him, going by that Section the Registrar of Co-operative Societies is competent to issue directions in the nature of Clause 1 of Ext.P4.
4. I have considered the rival contentions in detail.
5. For the purpose of conducting election to Co-operative Societies, the State Cooperative Election Commission has been constituted by Section 28B of the Kerala Co-operative Societies Act which reads thus:
28-B. State Co-operative Election Commission:-(1) Notwithstanding anything contained in this Act or in the Rules the Government shall by notification in the Gazette, constitute a State Co-operative Election Commission for the superintendence, directions and control of the conduct of elections to the committees of all credit, apex, central and federal societies in the State. The Government may by notification in the Gazette, entrust the superintendence, directions and control of the conduct of election to the committee of any other society or any other class of societies to the State Co-operative Election Commission:
Provided that in respect of societies not coming under this sub-section, the provisions contained in this Act and the Rules made thereunder shall be followed for the conduct of elections to the committees thereof.(2) The State Co-operative Election Commission shall be an officer not below the rank of Secretary to Government appointed by the Government for a period of five years. The terms and conditions of appointment of the State Co-operative Election Commission shall be such as may be prescribed.
(3) The State Co-operative Election Commission shall, in consultation with the Government designate or nominate officers and employees of the Government to assist the Commission in the conduct of election to the committee of such society.
(4) Subject to the provisions of this Act, the Government may, by rule, make provision with respect to all matters relating to, or in connection with elections to the committee of a society.
6. The procedure for conducting election to co-operative societies has been elaborately detailed in Rules 35 and 35A of the Kerala Co-operative Societies Rules in respect of societies which come within the purview of the Kerala State Co-operative Election Commission. The Kerala Co-operative Societies Act and Rules do not contemplate any power on the Government or the Registrar to issue directions in the nature of Clause 1 of Ext.P4 in the matter of conduct of elections to Co-operative Societies. In fact, elections to the Co-operative Societies should be conducted by an independent statutory authority uninfluenced by any directions from either the Government or the Registrar of Cooperative Societies in any manner, so as to ensure transparency in elections in Cooperative Societies. The manner of printing of ballot papers is specifically stipulated in Rule 35A(j) of the Kerala Co-operative Societies Rules which reads thus:
35 A. Procedure regarding conduct of election to the committee of Societies by the State Co-operative Election Commission:
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(j) The Returning Officer will hand over the list of candidates to the Electoral Officer on the next day of the publication of the final list of candidates. The Electoral Officer shall make necessary arrangements for the printing of ballot papers for election. Sufficient number of ballot papers shall be supplied to the Returning Officer on the previous day fixed for election. The Returning Officer shall take charge of the ballot papers and keep the ballot papers under his safe custody.
If at all anybody has any powers to issue directions to the electoral officer in the matter of printing ballot papers, it is State Co-operative Election Commission and nobody else. The reliance by the Government Pleader on Section 66A is misplaced. Section 66A reads thus:
66A - Powers of Registrar to give directions.- Subject to the provisions contained in the Act and the rules made thereunder the Registrar may issue general directions and guidelines to the Cooperative Societies in furtherance of the purpose of this Act.
It is pertinent to note that this Section opens with the phrase 'subject to the provisions contained in the Act and the rules made thereunder'. That shows that when the provisions of the Act and Rules confer jurisdiction in certain matters solely on another authority, the powers of the Registrar in respect of that matter is excluded. Here, in respect of matters regarding election, the Act and Rules confer jurisdiction specifically on the State Co-operative Election Commission and detailed provisions are made therein regarding every aspect of election. Those provisions do not contemplate any powers on the Registrar in respect of elections. That means in respect of elections to Co-operative Societies, the powers of the Registrar are impliedly excluded.
7. Further in view of the present scenario in Co-operative Societies in Kerala, of which I had occasion to comment on in Paragraph 29 of Vallappuzha Service Cooperative Bank Ltd. v. Joint Registrar 2009 (3) KLT 838, I am of opinion that the elections to Co-operative Societies shall be free from any influence by Government and officers of the Co-operative Department. I deem it apposite to extract the same herein to buttress the reasoning. It reads thus:
29. Before parting with the case, I would like to comment on a very serious malady plaguing the co-operative movement in the State. Over politicization is the bane of the cooperative movement in Kerala. Politics has permeated all aspects of the co-operative sector so badly that the movement itself is slowly dying in the State. Elections to co-operative societies are also fought on political lines and political parties resort to all sorts of legal and illegal methods to win the majority in managing committees of co-operative societies. Once in power, they admit members owing allegiance to their political parties in order to ensure a win for themselves in the next election. If they do not win the majority, as soon as their party comes into power in the State, they resort to every legal and illegal means to dethrone the other side and wrest power even physically. Every time the political climate in the State changes, there is a spate of litigation against proceedings under Section 32 of the Kerala Co-operative Societies Act in respect of societies under the control of the opposition parties. They make the officers of the co-operative department who has control over the co-operative societies as tools in the process of overthrowing the other side from power. These officers often do their bidding and pass orders as dictated by their political bosses without any respect for natural justice and fair play. Once the managing committees having control thus having been unseated, they appoint persons who do their bidding as administrators and starts a process of wresting control through all sorts of means without respect for democratic values. The process is reversed when the political alliance supporting the opposite side comes into power in the State. In the process, the genuine co-operator is driven out of the scene. Public money is squandered or misappropriated with impunity. When the same is detected, the Secretary is the one who is made a scape goat. Courts and other quasi-judicial institutions are mere onlookers, since often evidences are manufactured with the help of officers of the department, who are only too willing to toe the line for their political masters. In the process, societies die a slow death. Good money of the investors are no longer safe in the co-operative Banks. Therefore, I am of opinion that it is high time that co-operative societies are made free from State control and made autonomous bodies like local bodies. Otherwise, instances like the present one would ultimately choke and kill the co-operative movement in the State conclusively and decisively. With the solemn hope that wisdom would dawn on the politicians at least now, to save the movement in Kerala, I conclude.
8. In view of the above findings, I am satisfied that Clause 1 of Ext.P4 circular is clearly without jurisdiction. Accordingly Clause 1 of Ext.P4 is quashed. The electoral officer shall print the ballot papers for election to the 5th respondent - Co-operative Society strictly in accordance with Rule 35A(j) of the Kerala Co-operative Societies Rules without reference to Clause l of Ext P4 circular.
The Writ Petition is disposed of as above.