This petition sought directions for holding an early election to the Managing Committee of a cooperative society and pruning the voters list. The court granted these directions to the registrar.
Directions issued to the first respondent to ensure an election is conducted within four months and the voters list is pruned.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE V.CHITAMBARESH
THURSDAY, THE 19TH DAY OF MARCH 2015/28TH PHALGUNA, 1936
WP(C).No. 5431 of 2015 (D)
PETITIONERS:
1. INDIRA BAI K.C. (MEMBER NO.4), LAXMI SADANAM KUTHIRAPANTHY THIRUVAMBADY P.O, ALAPPUZHA -02
2. ALLY MATHEW (MATHEW NO.84), PUTHENVEETTIL PUNNAPRA P.O. ALAPPUZHA DISTRICT.
BY ADVS.SRI.N.RAGHURAJ SMT.K.AMMINIKUTTY
RESPONDENTS:
1. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL) ALAPPUZHA - 688 001
2. THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL) AMBALAPPUZHA - ALAPPUZHA - 688 110
3. THE ADMINISTRATIVE COMMITTEE UDAYA VANITHA KSHEMA SAHAKARANA SANGHAM LTD.NO.A 1170 KUTHIRAPANTHI, THIRUVAMBADY P.O ALAPPUZHA - 688 158 REPRESENTED BY ITS CONVENER SMT.S.BINDU
4. UDAYA VANITHA KSHEMA SAHAKARANA SANGHAM LTD.NO.A 1170, KUTHIRAPANTHI, THIRUVAMBADY P.O ALAPPUZHA - 688 158 REPRESENTED BY ITS SECRETARY.
R1 & R2 BY GOVERNMENT PLEADER SRI. GIKKU JACOB R3 BY ADVS. SRI.P.SHANES METHAR SRI.BENSON J LAWRANCE
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19-03-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
DCS
WP(C).No. 5431 of 2015 (D)
APPENDIX
PETITIONER(S)' EXHIBITS
| EXT.P1 - | TRUE PHOTOCOPY OF THE ORDER BEARING NO.HM 182/15/LDIS DATED 14-1-2015 |
|---|---|
| EXT.P2 - | TRUE PHOTOCOPY OF THE ORDER BEARING NO.H.M.529/2015/LDIS DATED 29-1-2015 |
| EXT.P3 - | TRUE PHOTOCOPY OF THE REPRESENTATION DATED 9-2-2015 SUBMITTED BY THE PETITIONERS AND OTHER MEMBERS OF THE SOCIETY. |
| EXT.P4 - | TRUE PHOTOCOPY OF THE LETTER ISSUED BY THE CONVENER OF THE 3RD RESPONDENT TO THE SECRETARY. |
RESPONDENT(S)' EXHIBITS:-NIL
/TRUE COPY/
P.A. TO JUDGE
DCS
V. CHITAMBARESH, J
W.P.(C). NO. 5431 OF 2015
Dated this the 19th day of March, 2015
JUDGMENT
The only prayer put forth is to have an early election to the Managing Committee of Udaya Vanitha Kshema Sahakarana Sangham Limited. Necessarily the voters list has to be pruned in accordance with Rule 18A of the Kerala Co-operative Societies Rules, 1969 (for short the 'Rules'). The Administrative Committee has also to take a resolution in terms of Rule 35A of the Rules fixing the date and venue of election.
The writ petition is disposed of.
V. CHITAMBARESH JUDGE
DCS
2 issues framed by the court
Whether to issue directions for holding an early election to the Managing Committee of the respondent society.
Whether the voters list has to be pruned in accordance with Rule 18A of the Kerala Co-operative Societies Rules, 1969.
2 provisions across 1 enactments
Indira Bai K.C. and Ally Mathew
Joint Registrar of Co-operative Societies (General) Alappuzha
Assistant Registrar of Co-operative Societies (General) Ambalapuzha
Administrative Committee, Udaya Vanitha Kshema Sahakarana Sangham Ltd.
Udaya Vanitha Kshema Sahakarana Sangham Ltd.
V. Chitambaresh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
