V.S. Jayanandan v. The Registrar Of Co-Operative Societies
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE V.CHITAMBARESH WEDNESDAY, THE 18TH DAY OF MARCH 2015/27TH PHALGUNA, 1936 ------------------------------------- PETITIONER:
-------------------------- V.S. JAYANANDAN KONNAKKAL HOUSE, VENGOOR, KRISHNAGIRI P.O.
SULTHAN BATHERY, WAYANADU.
BY ADVS.SRI.T.RAJASEKHARAN NAIR SRI.P.V.BABY RESPONDENTS:
------------------------
1. THE REGISTRAR OF CO-OPERATIVE SOCIETIES THIRUVANANTHAPURAM - 695 001.
2. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL) KALPATTA, WAYANADU DISTRICT - 673 121.
3. THE KERALA STATE CO-OPERATIVE ELECTION COMMISSION REPRESENTED BY ITS SECRETARY THIRUVANANTHAPURAM - 695 001.
4. THE ADMINISTRATOR THE SULTHAN BATHERY CO-OPERATIVE EDUCATIONAL SOCIETY LTD.NO. W-39 SULTHAN BETHERY P.O.
WAYANADU DISTRICT - 673 592. (THE INSPECTOR PLANNING SECTION OFFICE OF THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (G) KALPETTA).
5. SRI.M.SATHEESH MEMBER, ADMINISTRATIVE COMMITTEE RESIDING AT PATTARUMADATHIL HOUSE P.O., BEENACHI SULTHAN BETHERY, WAYANADU DISTRICT - 673 121.
6. SRI.P.ASHRAF MEMBER, ADMINISTRATIVE COMMITTEE RESIDING AT PAIKKADAN HOUSE, ANAPPARA P.O., CHULLIYODU WAYANADU - 673 332.
7. SRI.V.N.VINODKUMAR MEMBER, ADMINISTRATIVE COMMITTEE RESIDING AT VADAKKENADAYIL HOUSE, P.O.VARADOOR, KARANI WAYANADU - 673 121.
* ADDL. R8 IMPLEADED
8. T.K. VIJAYAN, S/O KUNJUNNI AGED 57 YEARS, THARAYAPPARAMBIL HOUSE P.O. KUPPADI, SULTHAN BATHERY, WAYANAD DISTRICT * ADDL. R8 IS IMPLEADED AS PER THE ORDER DATED 18.03.2015 IN I.A. NO. 4001/2015 R1 TO R3 BY SPL. GOVERNMENT PLEADER SRI. D. SOMASUNDARAM R5 & R6 BY ADVS. SRI.V.RAJENDRAN (PERUMBAVOOR) SRI.GEORGE VARGHESE KIZHAKKAMBALAM R8 BY ADV. SRI. P.V. BABY THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18-03-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
------------------------------------ APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXT.P1:
THE TRUE PHOTOCOPY OF THE RELEVANT PAGE OF BYE-LAW OF THE 4TH RESPONDENT SOCIETY.
EXT.P1(a):
A TRUE PHOTOCOPY OF THE AMDENDED BY LAW IN RESPECT OF CLAUSE 5 (a) WITH REGARD TO THE A CLASS MEMBERSHIP. EXT.P2:
A TRUE PHOTOCOPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 4TH RESPONDENT.
EXT.P3:
A TRUE PHOTOCOPY OF THE COMMUNICATION DATED 15/09/2011 ISSUED BY THE 2ND RESPONDENT TO THE SOCIETY.
EXT.P4:
A TRUE PHOTOCOPY OF THE COMMUNICATION DATED 22/11/2011 ISSUED BY THE 2ND RESPONDENT TO THE 4TH RESPONDENT SOCIETY.
EXT.P5:
A TRUE PHOTOCOPY OF THE RESOLUTION PASSED BY THE 4TH RESPONDENT SOCIETY.
EXT.P6:
A TRUE PHOTOCOPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT.
EXT.P7:
A TRUE PHOTOCOPY OF THE JUDGMENT PASSED BY THIS COURT IN WPC.NO. 27339/2014.
EXT.P8:
A TRUE PHOTOCOPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE 2ND RESPONDENT.
EXT.P9:
A TRUE PHOTOCOPY OF THE RECEIPT ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER.
EXT.P10:
A TRUE PHOTOCOPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT.
EXT.P11:
A TRUE PHOTOCOPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT.
EXT.P12:
A TRUE PHOTOCOPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT.
EXT.P13:
A TRUE PHOTOCOPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 4TH RESPONDENT.
RESPONDENT(S)' EXHIBITS --------------------------------------- EXHIBIT R8(a):
TRUE PHOTOCOPY OF THE ORDER DATED 31.10.2007 ISSUED BY THE 2ND RESPONDENT EXHIBIT R8(b):
TRUE PHOTOCOPY OF THE ORDER DATED 6.11.2008 ISSUED BY THE GOVERNMENT EXHIBIT R8(c):
TRUE PHOTOCOPY OF ORDER DATED 31.01.2015 ISSUED BY THE 2ND RESPONDENT /TRUE COPY/ P.A TO JUDGE
V. CHITAMBARESH, J --------------------------------------- W.P.(C). NO. 7408 OF 2015 ---------------------------------------- Dated this the 18th day of March, 2015
JUDGMENT
There is no reason to dilute the directions contained in Ext. P7 judgment as regards the conduct of election. The Joint Registrar has pursuant thereto issued Ext. R8(c) order directing respondents 5 to 7 to comply with Ext. P7 judgment in letter and spirit. The complaint of the petitioner is that ineligible members still continue on the rolls of the fourth respondent Co-operative Society.
2.
The petitioner is free to raise objections in this regard as and when the draft voters list is published. The objections thereto shall be duly considered before the final voters list is published. Every endeavour shall be made to complete the election process within the time frame specified in Ext. P7 judgment.
The writ petition is disposed of.
V. CHITAMBARESH JUDGE