Writ petition challenging election order was closed as Government promulgated an ordinance appointing a public administrator, rendering the petition no longer sustainable.
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 SUNIL THOMAS
FRIDAY, THE 19TH DAY OF FEBRUARY 2021 / 30TH MAGHA,1942
WP(C).No.1476 OF 2021(H)
PETITIONER/S:
1 BOARD OF DIRECTORS OF THIRUVANANTHAPURAM REGIONAL CO-OPERATIVE MILK PRODUCERS UNION LTD.NO.T 177D, APCOS, REPRESENTED BY CHAIRMAN, KSHEERA BHAVAN, PATTTOM, THIRUVANANTHAPURAM.
2 THIRUVANANTHAPURAM REGIONAL CO-OPERATIVE MILK PRODUCERS UNION LTD.NO.T 177D,
APCOS, REPRESENTED BY MANAGING DIRECTOR, KSHEERA BHAVAN, PATTOM, THIRUVANANTHAPURAM.
BY ADVS. SRI.P.N.MOHANAN SRI.C.P.SABARI SMT.AMRUTHA SURESH
RESPONDENT/S:
1 THE STATE CO-OPERATIVE ELECTION COMMISSION REPRESENTED BY CHIEF ELECTION COMMISSIONER, 3RD FLOOR, CO-BANK TOWERS, PALAYAM, VIKAS BHAVAN P.O., THIRUVANANTHAPURAM-695033.
2 THE DIRECTOR, OFFICE OF THE DIRECTOR OF DAIRY DEVELOPMENT DEPARTMENT, PATTAM, THIRUVANANTHAPURAM-695004.
3 MANAGING COMMITTEE OF VADAKKEPUTHUVEEDU SHEEROLPADAKA SAHAKARANA SANGAM LTD.NO.T 100, APCAOS, REPRESENTED BY PRESIDENT, KAKKARAVILA, PLAMOOTTUKADA, THIRUVANANTHAPURAM-695122.
4 ADDL.R4.K.R.MOHANAN PILLAI AGED 65 YEARS, S/O.KUNHIRAMA KURUP, KOTTARA, MEEYANNUR P.O., KOLLAM DISTRICT. ADDL.R4 IMPLEADED AS PER ORDER DATED 01-02-2021 IN IA 1/2021.
WP(C).No.1476 OF 2021(H)
2
5 ADDL.MANAGING COMMITTEE VELLOORKONAM MILK PRODUCERS CO-OPERATIVE SOCIETY LIMITED NO.T 165, (D) APCOS, KOOVALASSRY P.O., THIRUVANANTHAPURAM-695 512. ADDL.R5 IMPLEADED AS PER ORDER DATED 01-02-2021 IN IA 2/2021.
R1 BY ADV. SRI.R.LAKSHMI NARAYAN R2 BY SRI.RANJITH THAMPAN,ADDL.ADVOCATE GENER R3 BY ADV. SRI.K.K.CHANDRAN PILLAI (SR.) R3 BY ADV. SMT.S.AMBILY R3 BY ADV. SHRI.MICKY THOMAS R4 BY ADV. M.SASINDRAN R5 BY ADV. SRI.R.T.PRADEEP R5 BY ADV. SMT.M.BINDUDAS R5 BY ADV. SRI.K.C.HARISH
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16-02-2021, THE COURT ON 16-02-2021 DELIVERED THE FOLLOWING:
WP(C).No.1476 OF 2021(H)
3
JUDGMENT
W.P.(C) is filed by the petitioners challenging Ext.P8
order issued by the Election Commission for a direction to conduct election to the union. While the W.P.(C) was pending and heard in extenso, Government has promulgated an Ordinance No.32/2021 published on 12.02.2021, and an administrator was appointed by order dated 16.02.2021. Administrator took charge on the same day. An affidavit is filed by the 2nd petitioner as IA.No.3 of 2021 along with the relevant documents. In the light of the averments contained in IA.No.3 of 2021 and IA.No.4 of 2021, I feel that the Writ Petition cannot now survive. Hence the Writ Petition is closed, reserving the right of the petitioners herein to seek appropriate relief in accordance with law.
Sd/-
SUNIL THOMAS, JUDGE
R.AV
WP(C).No.1476 OF 2021(H)
4
APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 A TRUE COPY OF THE SRO 693/2019 DATED 28.09.2019 OF THE GOVERNMENT OF KERALA.
EXHIBIT P2 A TRUE COPY OF THE RELEVANT PROVISION IN THE BYE-LAWS INCORPORATING AMENDMENTS APPROVED BY DIARY REGISTRAR UPTO 29.06.2018.
EXHIBIT P3 A TRUE COPY OF THE ELECTION NOTIFICATION DATED 14.07.2015 ISSUED BY THE ELECTION COMMISSION. EXHIBIT P4 A TRUE COPY OF THE SRO NO.291/2020 DATED 24.04.2020 OF THE GOVERNMENT OF KERALA.
EXHIBIT P5 A TRUE COPY OF THE RESOLUTION OF THE MANAGING COMMITTEE DATED 18.12.2020 ALONG WITH COVERING LETTER DATED 21.12.2020, PROFORMA AND THE CHALAN.
EXHIBIT P6 A TRUE COPY OF THE LETTER DATED 13.01.2021 OF THE SECOND PETITIONER.
EXHIBIT P7 A TRUE COPY OF THE PETITION DATED 13.01.2021 OF THE SECOND PETITIONER ADDRESSED TO THE SECOND RESPONDENT ALONG WITH ACKNOWLEDGMENT OF HAND DELIVERY BOOK.
EXHIBIT P8 A TRUE COPY OF THE ORDER DATED 12.01.2021 OF THE FIRST RESPONDENT. EXHIBIT P9 TRUE COPIES OF THE ELECTORAL ROLL OF 4 DISTRICTS CONSISTING OF 923 MEMBERS.
EXHIBIT P10 A TRUE COPY OF THE LETTER DATED 04.05.2020 OF THE TRCMP UNION. EXHIBIT P11 A TRUE COPY OF THE LETTER DATED 06.05.2020 OF THE DISTRICT COLLECTOR.
WP(C).No.1476 OF 2021(H)
5
EXHIBIT P12 A TRUE COPY OF THE CIRCULAR RESOLUTION DATED 18.05.2020 OF THE GENERAL BODY PUBLISHED IN THE NEWS PAPERS AND THE RESULT THEREOF. EXHIBIT P13 A TRUE COPY OF THE ORDER DATED 17.12.2020 OF THE SECOND RESPONDENT. EXHIBIT P14 A TRUE COPY OF THE LETTER DATED 26.08.2020 OF THE SECOND PETITIONER. EXHIBIT P15 A TRUE COPY OF THE 26.08.2020 OF THE SECOND RESPONDENT. EXHIBIT P16 A TRUE COPY OF THE 08.09.2020 OF THE DISTRICT COLLECTOR. EXHIBIT P17 A TRUE COPY OF THE JUDGMENT DATED 09.12.2020 IN W.P.(C)NO.25242/2020. EXHIBIT P18 A TRUE COPY OF THE COMMUNICATION DATED 15.10.2020 OF THE SECOND RESPONDENT. EXHIBIT P19 A TRUE COPY OF THE JUDGMENT DATED 08.01.2021 IN W.P.(C)NO.28376/2020. EXHIBIT P20 A TRUE COPY OF THE PETITION DATED 16.12.2020 SUBMITTED BY THE THIRD RESPONDENT. EXHIBIT P21 A TRUE COPY OF THE LIQUIDATION PROCEEDINGS DATED 04/04/2019 OF THE OTTUPARA KUCS. EXHIBIT P22 A TRUE COPY OF THE LIQUIDATION PROCEEDINGS DATED 01/11/2018 OF THE VADASSERIKKARA VADAKKU KUCS.
| EXHIBIT P23 | A TRUE COPY OF THE LIQUIDATION PROCEEDINGS DATED 29/09/2018 OF THE NEERATTUKAVU KUKKUDUMON KUCS. |
|---|---|
| EXHIBIT P24 | A TRUE COPY OF THE LIQUIDATION PROCEEDINGS DATED 29/09/2018 OF THE ANGAMUZHI KUCS. |
| EXHIBIT P25 | A TRUE COPY OF THE LIQUIDATION PROCEEDINGS DATED 27/09/2018 OF THE KUMARAMPERUR KUCS. |
WP(C).No.1476 OF 2021(H)
6
EXHIBIT P26 A TRUE COPY OF THE ORDER DATED 07/03/2019 OF APPOINTING THE LIQUIDATOR IN CHIRAVUR KUCS.
EXHIBIT P27 A TRUE COPY OF THE ORDER DATED 24/04/2018 APPOINTING THE LIQUIDATOR IN NADATHURUTH KUCS. EXHIBIT P28 A TRUE COPY OF THE ORDINANCE NO.32/2021 PUBLISHED IN THE GAZETTE DATED 12/2/2021 EXHIBIT P29 A TRUE COPY OF THE ORDER DATED 16/2/2021 THE SECOND RESPONDENT
RESPONDENT'S/S EXHIBITS NIL
Board of Directors of Thiruvananthapuram Regional Co-Operative Milk Producers Union Ltd.
Thiruvananthapuram Regional Co-Operative Milk Producers Union Ltd.
State Co-Operative Election Commission
Director, Office of the Director of Dairy Development
Managing Committee of Vadakkeputhuveedu Sheerolpadaka Sahakarana Sangam Ltd.
K.R.Mohananan Pillai
Sunil Thomas
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
