The Board of Directors of the Porora Service Co-operative Ba Vs. Kerala State Co-operative Election. - Court Judgment

SooperKanoon Citationsooperkanoon.com/1097424
CourtKerala High Court
Decided OnNov-06-2013
JudgeHONOURABLE MR.JUSTICE K.VINOD CHANDRAN
AppellantThe Board of Directors of the Porora Service Co-operative Ba
RespondentKerala State Co-operative Election.
Excerpt:
in the high court of kerala at ernakulam present: the honourable mr.justice k.vinod chandran wednesday, the6h day of november201315th karthika, 1935 wp(c).no. 25621 of 2013 (c) ---------------------------- petitioners : ----------- 1. the board of directors of the porora service co-operative bank limited no. c8, maruthayi, kannur represented by its president n.kuttikrishnan.2. sajeevan o.,member, board of directors of the porora service co-operative bank limited no. c8 maruthayi, kannur. by adv. sri.p.c.sasidharan respondents : ----------- 1. kerala state co-operative election. office of the kerala state co-operative election commission, thiruvananthapuram.2. the district collector, kannur.3. the returning officer (unit inspector, inspector, mattannur unit) appointed for the conduct of election to the managing committee of the porora service co-operative bank limited no. c8 maruthayi, kannur.4. the joint registrar of co-operative societies (general), kannur.5. the assistant registrar of co-operative societies (general) mattannur, kannur. addl.r6 & r6 impleaded :6. o.k.prasad kumar, aged33years, s/o. k.kunhiraman nambiar, residing at kannoth house, mettady, p.o.porora67070, mattannur (via) kannur district wp(c).no. 25621 of 2013 (c) 7. m.damodaran, aged65years s/o.kannan, residing at aiswaryam, mettady, p.o.porora - 670702 mattannur (via), kannur district addl.r6 & r7 are impleaded as per order dt. 6/11/2013 in ia no.13988/2013. by government pleader sri.padmaraj raddl. by adv. sri.k.ramakumar senior advocate raddl. by advs. sri.s.m.prasanth smt.asha babu sri.m.manojkumar (chelakkadan) sri.k.t.sidhiq smt.ammu charles this writ petition (civil) having been finally heard on0611-2013, the court on the same day delivered the following: bp wp(c).no. 25621 of 2013 (c) ---------------------------- appendix petitioner(s)' exhibits ----------------------- exhibit p1- true copy of the request in the prescribed proforma. exhibit p2- true copy of the notification. exhibit p3- true copy of the order issued by the ist respondent appointing the returning officer and electoral officer for the conduct of election. exhibit p4- true copy of the consent letter given by the manager of the school. exhibit p5- true copy of the order issued buy the1t respondent on1710-2013. exhibit p6- true copy of the resolution adopted by the society. exhibit p7- true copy of the request so made by the society to the1t respondent. exhibit p8- true copy of the order issued in wpc no. 14871/2013. respondent(s)' exhibits : -------------------------- ext.r6(a): true extract of the audit report prepared by the kerala state co-operative department for the year20092013. //true copy// p.a. to judge bp k.vinod chandran, j.--------------------------------------- w.p.(c)no.25621 of 2013 ---------------------------------------------- dated this the 6th day of november, 2013 judgment the writ petition was filed by the board of directors of the 'porora service co-operative bank limited no.c8', maruthayi, kannur and one of its members, challenging the adjournment of the election, made by the election commission by ext.p5 order dated 17.10.2013. the term of the managing committee expired on 22.10.2013. hence consequent to the filing of the writ petition the managing committee then in office also took a resolution on 22.10.2013 to conduct the election on 17.11.2013. in the meanwhile, since the term of the managing committee was getting over, an administrator or administrative committee had to be appointed and by virtue of the interim order dated 21.10.2013 passed in the present writ petition, an administrative committee consisting of the members of the outgoing managing committee was appointed.2. after the appointment of the administrative committee, the petitioners moved an interim application w.p.(c)no.25621 of 2013 :2. : seeking conduct of election as per ext.p9 resolution. the objection of the election commission was with respect to the resolution being passed by the managing committee which is not presently in office. without going into the legality of such objections, since the person who represents the first petitioner in the writ petition is also the present administrative committee member, following directions are issued:1. the administrative committee shall within a period of 10 days from today take a resolution fixing the date of poll and the same shall be forwarded to the election commission through the assistant registrar.2. the assistant registrar, the 5th respondent shall immediately on receipt of the resolution forward the same to the first respondent, who shall within a reasonable time take a decision in the matter and as far as possible, conduct the election on the day decided upon by the resolution of the administrative committee. w.p.(c)no.25621 of 2013 :3. :3. needless to say that the administrative committee shall continue till the new managing committee is elected to the office. the writ petition is disposed of with the above directions. sd/- k.vinod chandran, judge. ln
Judgment:

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN WEDNESDAY, THE6H DAY OF NOVEMBER201315TH KARTHIKA, 1935 WP(C).No. 25621 of 2013 (C) ---------------------------- PETITIONERS : ----------- 1. THE BOARD OF DIRECTORS OF THE PORORA SERVICE CO-OPERATIVE BANK LIMITED NO. C8, MARUTHAYI, KANNUR REPRESENTED BY ITS PRESIDENT N.KUTTIKRISHNAN.

2. SAJEEVAN O.,MEMBER, BOARD OF DIRECTORS OF THE PORORA SERVICE CO-OPERATIVE BANK LIMITED NO. C8 MARUTHAYI, KANNUR. BY ADV. SRI.P.C.SASIDHARAN RESPONDENTS : ----------- 1. KERALA STATE CO-OPERATIVE ELECTION. OFFICE OF THE KERALA STATE CO-OPERATIVE ELECTION COMMISSION, THIRUVANANTHAPURAM.

2. THE DISTRICT COLLECTOR, KANNUR.

3. THE RETURNING OFFICER (UNIT INSPECTOR, INSPECTOR, MATTANNUR UNIT) APPOINTED FOR THE CONDUCT OF ELECTION TO THE MANAGING COMMITTEE OF THE PORORA SERVICE CO-OPERATIVE BANK LIMITED NO. C8 MARUTHAYI, KANNUR.

4. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL), KANNUR.

5. THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL) MATTANNUR, KANNUR. ADDL.R6 & R6 IMPLEADED :

6. O.K.PRASAD KUMAR, AGED33YEARS, S/O. K.KUNHIRAMAN NAMBIAR, RESIDING AT KANNOTH HOUSE, METTADY, P.O.PORORA67070, MATTANNUR (VIA) KANNUR DISTRICT WP(C).No. 25621 of 2013 (C) 7. M.DAMODARAN, AGED65YEARS S/O.KANNAN, RESIDING AT AISWARYAM, METTADY, P.O.PORORA - 670702 MATTANNUR (VIA), KANNUR DISTRICT ADDL.R6 & R7 ARE IMPLEADED AS PER ORDER

DT. 6/11/2013 IN IA NO.13988/2013. BY GOVERNMENT PLEADER SRI.PADMARAJ RADDL. BY ADV. SRI.K.RAMAKUMAR SENIOR ADVOCATE RADDL. BY ADVS. SRI.S.M.PRASANTH SMT.ASHA BABU SRI.M.MANOJKUMAR (CHELAKKADAN) SRI.K.T.SIDHIQ SMT.AMMU CHARLES THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON0611-2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: BP WP(C).No. 25621 of 2013 (C) ---------------------------- APPENDIX PETITIONER(S)' EXHIBITS ----------------------- EXHIBIT P1- TRUE COPY OF THE REQUEST IN THE PRESCRIBED PROFORMA. EXHIBIT P2- TRUE COPY OF THE NOTIFICATION. EXHIBIT P3- TRUE COPY OF THE ORDER

ISSUED BY THE IST RESPONDENT APPOINTING THE RETURNING OFFICER AND ELECTORAL OFFICER FOR THE CONDUCT OF ELECTION. EXHIBIT P4- TRUE COPY OF THE CONSENT LETTER GIVEN BY THE MANAGER OF THE SCHOOL. EXHIBIT P5- TRUE COPY OF THE ORDER

ISSUED BUY THE1T RESPONDENT ON1710-2013. EXHIBIT P6- TRUE COPY OF THE RESOLUTION ADOPTED BY THE SOCIETY. EXHIBIT P7- TRUE COPY OF THE REQUEST SO MADE BY THE SOCIETY TO THE1T RESPONDENT. EXHIBIT P8- TRUE COPY OF THE ORDER

ISSUED IN WPC NO. 14871/2013. RESPONDENT(S)' EXHIBITS : -------------------------- EXT.R6(A): TRUE EXTRACT OF THE AUDIT REPORT PREPARED BY THE KERALA STATE CO-OPERATIVE DEPARTMENT FOR THE YEAR20092013. //TRUE COPY// P.A. TO JUDGE BP K.VINOD CHANDRAN, J.

--------------------------------------- W.P.(C)No.25621 of 2013 ---------------------------------------------- Dated this the 6th day of November, 2013 JUDGMENT

The writ petition was filed by the Board of Directors of the 'Porora Service Co-operative Bank Limited No.C8', Maruthayi, Kannur and one of its members, challenging the adjournment of the election, made by the Election Commission by Ext.P5 order dated 17.10.2013. The term of the Managing Committee expired on 22.10.2013. Hence consequent to the filing of the writ petition the Managing Committee then in office also took a resolution on 22.10.2013 to conduct the election on 17.11.2013. In the meanwhile, since the term of the Managing Committee was getting over, an Administrator or Administrative Committee had to be appointed and by virtue of the interim order dated 21.10.2013 passed in the present writ petition, an Administrative Committee consisting of the members of the outgoing Managing Committee was appointed.

2. After the appointment of the Administrative Committee, the petitioners moved an interim application W.P.(C)No.25621 of 2013 :

2. : seeking conduct of election as per Ext.P9 resolution. The objection of the Election Commission was with respect to the resolution being passed by the Managing Committee which is not presently in office. Without going into the legality of such objections, since the person who represents the first petitioner in the writ petition is also the present Administrative Committee member, following directions are issued:

1. The Administrative Committee shall within a period of 10 days from today take a resolution fixing the date of poll and the same shall be forwarded to the Election Commission through the Assistant Registrar.

2. The Assistant Registrar, the 5th respondent shall immediately on receipt of the resolution forward the same to the first respondent, who shall within a reasonable time take a decision in the matter and as far as possible, conduct the election on the day decided upon by the resolution of the Administrative Committee. W.P.(C)No.25621 of 2013 :

3. :

3. Needless to say that the Administrative Committee shall continue till the new Managing Committee is elected to the office. The writ petition is disposed of with the above directions. Sd/- K.VINOD CHANDRAN, JUDGE. ln