Disposed

K.P. Hamza v. State of Kerala

Kerala HC11 Aug 2016WP(C)/17041/2015

Case brief

AI extract

What is this about?

The Hon'ble High Court of Kerala disposed of writ petitions regarding amendments to the Kerala Co-operative Societies Act and Rules. Relying on a Full Bench judgment, the court directed authorities to ensure election proceedings align with directives effective from 31.3.2015, issuing fresh resolutions where necessary and completing pending elections within three weeks.

What did the court decide?

Directing authorities to conduct pending elections or pass fresh resolutions in line with Full Bench directives within three weeks.

K.P. Hamza Vs State of Kerala — Election Law | Kerala HC (2016)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR. JUSTICE SHAJI P.CHALY

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THURSDAY, THE 11TH DAY OF AUGUST 2016/20TH SRAVANA, 1938

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WP(C).No. 17041 of 2015 (E)

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PETITIONER :

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K.P. HAMZA, AGED 49 YEARS, S/O.ALAVI,CONVENOR,ADMINISTRATIVE COMMITTEE, THE KUMARAMPUTHUR SERVICE CO-OPERATIVE BANK LTD NO.P 373, MANNARKKAD COLLEGE P.O,PIN CODE -678 583

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BY SRI.K.RAMAKUMAR,SENIOR ADVOCATE

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ADVS. SRI.S.M.PRASANTH

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SRI.C.DINESH SRI.G.RENJITH SMT.ASHA BABU SMT.AMMU CHARLES SMT.JINNU SARA GEORGE

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RESPONDENT(S):

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1. STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY,

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GOVERNMENT SECRETARIAT,THIRUVANANTHAPURAM -695 001

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2. THE SECRETARY TO GOVERNMENT, DEPARTMENT OF CO-OPERATION, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM -695 001

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

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4. THE KUMARAMPUTHUR SERVICE CO-OPERATIVE BANK LTD NO.P 373, MANNARKKAD COLLEGE P.O, PIN CODE-678 583, REPRESENTED BY ITS SECRETARY.

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5. THE RETURNING OFFICER TO THE ELECTIONS TO THE KUMARAMPUTHUR SERVICE CO-OPERATIVE BANK LTD NO.P 373, MANNARKKAD COLLEGE P.O,PIN CODE -678 583

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(INSPECTOR, OFFICE OF THE PALAKKAD P.C.R.D.B VALUATION OFFICER, PALAKKAD).

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2/-

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-2-

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WP(C).NO.17041/2015

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6. THE CO-OEPRATIVE STATE CHIEF ELECTION COMMISSIONER, THIRUVANANTHAPURAM- 695 001

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7. THE ELECTORAL OFFICER TO THE ELECTIONS TO THE KUMARAMPUTHUR SERVICE CO-OPERATIVE BANK LTD NO.P 373,MANNARKKAD COLLEGE P.O,PIN CODE-678 583

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(P.C.R.D.B VALUATION OFFICER/ASSISTANT REGISTRAR, PALAKKAD).

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*ADDL.R8 IMPLEADED

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*R8: A.P.BALAKRISHNAN, ALANPADATH HOUSE, CHANGALERI.P.O., MANNARKKAD, PALAKKAD.

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*ADDL.R8 IS IMPLEADED AS PER ORDER DATED 11/8/2016 IN IA.NO.8714/2015.

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R1 TO R3,R5 TO R7 BY SR GOVERNMENT PLEADER SRI.PAUL VARGHESE.M. R4 BY ADVS. SRI.B.S.SWATHY KUMAR

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SRI.A.K.RAJESH SRI.VENKATESH GOPI SMT.T.RESHMA ADDL.R8 BY ADV. SRI.SREEDHAR RAVINDRAN

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11-08-2016, ALONG WITH WPC.NO.17764 OF 2015 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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sts

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WP(C).No. 17041 of 2015 (E)

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APPENDIX

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PETITIONER(S)' EXHIBITS

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EXHIBIT P1 TRUE COPY OF THE ORDER NO. E(1)/1335/2015/S.C.E.C DATED 31-03-2015 ISSUED BY THE 6TH RESPONDENT EXHIBIT P2 TRUE COPY OF THE ORDER NO.G.O(P) 68/2015/CO-OP DATED 25-05-2015 EXHIBIT P3 TRUE COPY OF THE NOTIFICATION NO.816/LEG.H2/2013/LAW DATED 14-2-2013

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RESPONDENT(S)' EXHIBITS:

NIL

/TRUE COPY/

P.A.TO JUDGE

sts

SHAJI P. CHALY, J.

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W.P.(C). Nos.17041, 17764, 19454, 19621, 21935, 37640 of 2015 & 6097 of 2016 ----------------------------------------------Dated this the 11^th day of August, 2016

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JUDGMENT

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The captioned writ petitions are substantially connected and therefore, I propose to pass a common judgment. The question raised in the writ petitions is in respect of amendments to the Kerala Co-operative Societies Act, 1969, consequent to the introduction of Sections 16A and 19A of the Amendment Act 8 of 2013 and the Kerala Co-operative Societies Rules, 1969, introducing Rule 18A as per the second Amendment Rules, 2014. The amendment relates to the rights and liberties of members to continue as members of the Cooperative Societies and to exercise their rights including the right to vote in the election to the Board of Directors. The incidental question raised in the writ petitions is with respect to the nature of operation of the amendment viz., prospective or retrospective.

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W.P.(C). Nos.17041/2015 & connected cases

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The said questions were considered by a Full Bench of

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this court in Writ Appeal No.580/2015 and other connected cases and held that on the close of the co-operative year 20142015, the amended provisions of the Act and the Rules have become fully operative i.e., on 31.3.2015. It was thereupon held that, the eligibility of the members who cast their votes has to be assessed with reference to the position as on the date of close of the co-operative year after commencement of rule 18A on 26.11.2014, i.e., on 31.3.2015 and further held that, all the amended provisions of the Act and Rules have become fully operative in all respects on the close of the cooperative year 2014-2015 i.e., on 31.3.2015.

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It is also held that, in respect of cases where preliminary voters' list/final voters' list were published prior to 31.3.2015, the election has to be held based on the unamended provisions and under such circumstances, a fresh resolution shall be passed notifying the date of election to be proceeded with further steps from that stage. It is further

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W.P.(C). Nos.17041/2015 & connected cases

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held, in respect of notifications issued prior to 31.3.2015 and where the preliminary voters' list was published after the said date, proceedings shall be pursued, assessing the rights of the members concerned to get included in the voters' list, based on the amended provisions of law.

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Therefore, taking into account the law laid down by the Full Bench judgment, there will be a direction to the respective authority in office of the Co-operative Societies to ensure that proceedings and steps are taken in accordance with the directives issued by the Full Bench recited above, taking note that, the cut off date, 31.3.2015 and the steps for elections or further steps shall be taken in terms of the directives contained in the Full Bench judgment and from the stage at which they are. During the pendency of the writ petitions, if election is conducted in any society, any person aggrieved is at liberty to seek remedy by filing suitable Election Petitions. The societies in which the elections were notified, but did not take place, shall take place and pass

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W.P.(C). Nos.17041/2015 & connected cases

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appropriate resolution and forward the same to the appropriate statutory authority in accordance with law, at the earliest and at any rate within three weeks from the date of receipt of a copy of this judgment.

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Writ petitions are disposed of accordingly and in terms of the law laid down by the Full Bench judgment of this court referred to above.

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Sd/- SHAJI P. CHALY JUDGE

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smv 17.08.2016

K.P. Hamza v. State of Kerala

Case brief

What is this about?

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K.P. Hamza v. State of Kerala

Case brief

What is this about?

What did the court decide?

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