M.Satheeratnam v. Perinthalmanna Taluk Co-Operative Educat

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE V.CHITAMBARESH THURSDAY, THE 22ND DAY OF JANUARY 2015/2ND MAGHA, 1936 WP(C).No. 20701 of 2011 (K) PETITIONER:

-------------------------- M.SATHEERATNAM MUTHUVARA HOUSE PO PERINTHALMANNA.

BY ADV. SRI.P.P.JACOB RESPONDENTS:

----------------------------

1. PERINTHALMANNA TALUK CO-OPERATIVE EDUCATIONAL EDUCATIONAL SOCIETY LTD.NO.M 358, PERINTHALMANNA PIN 679 322, REP.BY ITS SECRETARY.

2. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES(G), MALAPPURAM, PIN 676 121.

3. STATE OF KERALA, REP.BY SECRETARY TO GOVERNMENT, CO-OPERATION (C) DEPARTMENT, SECRETARIAT THIRUVANANTHAPURAM., PIN - 695 001 R1 BY ADV. SRI.U.K.DEVIDAS R2 & R3 BY GOVERNMENT PLEADER SRI. GIKKU JACOB THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 22-01-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 20701 of 2011 (K) APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- P1 :

COPY OF THE CLAUSE 5 OF THE BYELAW OF THE FIRST RESPONDENT PAGES 1 & 2 P2 :

COPY OF THE AMENDED BYELAW OF THE FIRST RESPONDENT DATED 12.03.2006 P3 :

COPY OF THE ORDER OF THE JOINT REGISTRAR DATED 16.06.2006 P4 :

COPY OF THE CLAUSE 5 OF BYELAW AMENDED IN THE YEAR 2007 PAGES 1,2 & 3 P5 :

COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER DATED 2.12.2005 BEFORE THE SECOND RESPONDENT P6 :

COPY OF THE STATEMENT PRODUCED BY THE PETITIONER BEFORE THE SECOND RESPONDENT DATED 9.3.2006 P7 :

COPY OF THE ORDER ISSUED BY THE SECOND RESPONDENT DATED 10.03.2010 P8 :

COPY OF THE APPEAL DATED 05.05.2010 FILED BY THE PETITIONER BEFORE THE 3RD RESPONDENT P9 :

COPY OF THE GOVERNMENT ORDER DATED 24.03.1982 VIDE NO. G.O.(MS) 116/82/AD P10:

COPY OF THE APPELLATE ORDER ISSUED BY THIRD RESPONDENT DATED 24.05.2011 P11:

COPY OF THE NOTICE ISSUED BY FIRST RESPONDENT DATED 1.3.2007 P12.

COPY OF THE PAGE 1 TO 3 OF THE BYELAW OF THE FIRST RESPONDENT P13.

COPY OF THE OBJECTION FILED BY THE PETITIONER RELATING TO THE BYELAW AMENDMENT ON 25.03.2007 P14.

COPY OF THE PETITION FILED BY THE PETITIONER BEFORE THE SECOND RESPONDENT DATED 08.04.2007 P15.

COPY OF THE COMMUNICATION ISSUED BY SECOND RESPONDENT TO THE PETITIONER DATED 18.08.2007 P16.

COPY OF THE REPORT FILED BY THE ASSISTANT REGISTRAR BEFORE THE SECOND RESPONDENT DATED 19.12.2008 RESPONDENT(S)' EXHIBITS:- NIL /TRUE COPY/ P.A. TO JUDGE

V. CHITAMBARESH, J W.P.(C). NO. 20701 OF 2011 ---------------------------------------- Dated this the 22nd day of January, 2015

JUDGMENT

It is beyond dispute that the voters list requires to be pruned in terms of Sections 16A and 19A of the Kerala Co-operative Societies Act, 1969 and Rule 18A of the Kerala Co-operative Societies Rules, 1969. The petitioner has sought for identification of active members eligible to vote for which he has to move respondents 1 and 2.

2.

Any motion made in that regard shall be dealt with by respondents 1 and 2 well before the process of election starts. It is unnecessary therefore to consider the legality of Exts. P7 and P10 orders impugned in this writ petition long back.

The writ petition is disposed of.

V. CHITAMBARESH JUDGE