← Library
High Court of KeralaWP(C)/15287/2015disposed of

M Babu v. State Of Kerala

2015-06-103 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE V.CHITAMBARESH WEDNESDAY, THE 10TH DAY OF JUNE 2015/20TH JYAISHTA, 1937 WP(C).No. 15287 of 2015 (I) ---------------------------- PETITIONER:

------------------ M. BABU, S/O.UNNEERI, MACHINGAL HOUSE, KOLANGARAKANDI PARAMBU, PALATT NAGAR, POST THIRUVANNUR, KOZHIKODE - 29.

BY ADVS.SRI.T.A.SHAJI (SR.) SMT.NAMITHA JYOTHISH SRI.V.VINCENT DIDACOSE RESPONDENTS:- ------------------------

1. STATE OF KERALA REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVT.

CO-OPERATION (C) DEPARTMENT, THIRUVANANTHAPURAM.

2. THE GENERAL MANAGER, DISTRICT INDUSTRIES CENTRE, KOZHIKODE, PIN - 673 032.

3. THE KERALA CO-OPERATIVE ELECTION COMMISSION THIRUVANANTHAPURAM, REPRESENTED BY ITS SECRETARY.

4. THE CALICUT WEAVERS' CO-OPERATIVE (P&S) SOCIETY LTD.NO.F 1062, PANNIYANKARA, KOZHIKODE, PIN - 673 032 REPRESENTED BY ITS SECRETARY.

5. THE ADMINISTRATIVE COMMITTEE THE CALICUT WEAVERS' CO-OPERATIVE (P&S) SOCIETY LTD.NO.F 1062, PANNIYANKARA, KOZHIKODE, PIN - 673 032 REPRESENTED BY ITS CHAIRMAN.

R4 BY ADV. SRI.V.V.SURENDRAN R4 BY ADV. SRI.P.A.HARISH BY GOVERNMENT PLEADER SRI. G. GOPAKUMAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 10-06-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 15287 of 2015 (I) APPENDIX PETITIONER(S)' EXHIBITS EXHIBIT P1 TRUE COPY OF JUDGMENT DATED 23.01.2015 IN W.P.(C)NO.660/2015 OF THIS HON'BLE COURT.

EXHIBIT P2 TRUE COPY OF THE ORDER DATED 24.01.2015 OF THE 2ND RESPONDENT, ALONG WITH ITS ENGLISH VERSION.

EXHIBIT P3 TRUE COPY OF THE NOTICE DATED 25.03.2015 ALONG WITH ITS ENGLISH VERSION RECEIVED BY THE PETITIONER.

EXHIBIT P4 TRUE COPY OF THE NOTICE DATED 10.02.2015 ISSUED TO THE SECRETARY OF THE 4TH RESPONDENT SOCIETY, ALONG WITH ITS ENGLISH VERSION.

EXHIBIT P5 TRUE COPY OF THE NOTICE DATED 23.03.2015 ISSUED TO THE 5TH RESPONDENT ADMINISTRATIVE COMMITTEE, ALONG WITH ITS ENGLISH VERSION.

RESPONDENT(S)' EXHIBITS : NIL /TRUE COPY/ P.A. TO JUDGE.

V. CHITAMBARESH, J -------------------------------- WP(C) NO. 15287 OF 2015 ------------------------------------ Dated this the 10th day of June, 2015

JUDGMENT

The power of the administrative committee to remove ineligible members after following the procedure prescribed is beyond dispute. The decision in Gopinathan Nair Vs. Joint Registrar [2012 (2) KLT 817] is on the point. But such power shall be exercised only if it is conclusively established that any member is ineligible.

2.

The administrative committee cannot also delay the conduct of the election especially be in the wake of Ext.P1 judgment. A resolution fixing the date and venue of election shall be passed by the administrative committee on or before 31.07.2015.

3.

It shall be ensured that an election to the managing committee of the fourth respondent Society takes place on or before 30.09.2015. The Deputy Registrar who is exercising the powers of the Registrar shall see to it that a new elected managing committee assumes office on or before 01.10.2015. The Writ Petition is disposed of.

V. CHITAMBARESH JUDGE ncd