Abraham Mammen v. The Circle Co-Operative Union

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE DAMA SESHADRI NAIDU WEDNESDAY, THE 23RD DAY OF DECEMBER 2015/2ND POUSHA, 1937 WP(C).No. 38537 of 2015 (N) PETITIONERS :- -----------------------

1. ABRAHAM MAMMEN, CHETHOMKARA VEEDU, PAZHAVANGADI.P.O., RANNI, PATHANAMTHITTA DISTRICT.

2. GEORGE ABRAHAM, ELANJIKKAL, KEEKOZHOOR.P.O., RANNI, PATHANAMTHITTA DISTRICT. BY ADVS.SRI.V.G.ARUN SRI.T.R.HARIKUMAR RESPONDENTS : - --------------------------

1. THE CIRCLE CO-OPERATIVE UNION, RANNI, REPRESENTED BY ITS SECRETARY, PATHANAMTHITTA DISTRICT-689 662.

2. THE RETURNING OFFICER/CIRCLE CO-OPERATIVE UNION, RANNI, PATHANAMTHITTA DISTRICT-689 662.

(ASSISTANT DIRECTOR OF CO-OPERATIVE SOCIETIES (AUDIT), RANNI.

3. THE STATE CO-OPERATIVE UNION, REPRESENTED BY ITS SECRETARY, THIRUVANANTHAPURAM-695 001.

4. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES(GENERAL), PATHANAMTHITTA, PATHANAMTHITTA DISTRICT-689 662.

5. THE REGISTRAR OF CO-OPERATIVE SOCIETIES, THIRUVANANTHAPURAM-695 001.

6. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, CO-OPERATION © DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001.

7. THE SUPERINTENDENT OF GOVERNMENT PRESS, THIRUVANANTHAPURAM-695 001.

BY SR. GOVERNMENT PLEADER SRI. JOSEPH GEORGE BY ADV. SRI.C.P.MOHAMMED NIAS THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23-12-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 38537 of 2015 (N) ----------------------------------------- APPENDIX PETITIONERS' EXHIBITS : - ------------------------------------- EXHIBIT P1 : TRUE COPY OF THE ELECTION NOTIFICATION DATED 21.04.2015. EXHIBIT P2 : TRUE COPY OF THE PROCEEDINGS OF THE 2ND RESPONDENT DATED 20.05.2015 ALONG WITH ENGLISH TRANSLATION. EXHIBIT P3 : TRUE COPY OF THE DETAILS OF ELECTED MEMBERS ALONG WITH COVERING LETTER DATED 06.07.2015 SUBMITTED BY THE 4TH RESPONDENT BEFORE THE 7TH RESPONDENT.

EXHIBIT P4 : TRUE COPY OF THE COMMUNICATION DATED 28.11.2015 SUBMITTED BY THE 4TH RESPONDENT BEFORE THE 7TH RESPONDENT ALONG WITH ENGLISH TRANSLATION.

RESPONDENTS' EXHIBITS : - NIL.

// TRUE COPY // P.A. TO JUDGE DMR/-

DAMA SESHADRI NAIDU, J.

W.P.(c) No. 38537 of 2015 ---------------------------------------- Dated this the 23rd day of December, 2015

JUDGMENT

The petitioners, being the members of the Managing Committee of the first respondent, have a grievance that though the elections were held long back and results were declared on 20.05.2015, so far the authorities have not issued any notification constituting the Circle Co-operative Unions.

2. In response to the submissions made by the learned counsel for the petitioners, the learned Government Pleader has submitted that the issue of notification is in the process. He has further submitted that in view of creation of new Circle Co-operative Unions, there is some delay.

Be that as it may, since elections were held and results were declared on 20.05.2015, especially given the fact that the Joint Registrar has already forwarded the list of successful candidates through Exhibit P4 to the seventh respondent, this Court disposes of the writ petition with a direction to the seventh respondent to expedite the process and notify the fact of constituting the first respondent union at the earliest, at any

W.P.(c) No. 38537 of 2015 rate, within a period of six weeks from the date of receipt of a copy of this judgment. No order as to costs. DAMA SESHADRI NAIDU JUDGE DMR/-