Kerala High Court
P. Madhavan vs State Of Kerala on 30 October, 2024
Author: N. Nagaresh
Bench: N.Nagaresh
2024:KER:80385
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
WEDNESDAY, THE 30TH DAY OF OCTOBER 2024 / 8TH KARTHIKA, 1946
WP(C) NO. 21368 OF 2024
PETITIONERS:
1 BABU K. KORAH,
AGED 64 YEARS,
S/O. KORAH CHACKO, PRESIDENT,
VIJAYAPURAM SERVICE CO-OPERATIVE BANK LTD. NO. 4066,
MANARCAD, KOTTAYAM DISTRICT-686019,
RESIDING AT KUTTIPPARAMBU, MANARCAD,
KOTTAYAM, PIN - 685019
2 SURESH KUMAR T.S.,
AGED 57 YEARS,
S/O. SHARNGADHARAN, MEMBER,
VIJAYAPURAM SERVICE CO-OPERATIVE BANK LTD. NO. 4066,
MANARCAD, KOTTAYAM DISTRICT-686019, RESIDING AT
THANNICKAL HOUSE, MANARCAD P.O.,
KOTTAYAM DISTRICT, PIN - 686019
BY ADVS.
NISHA GEORGE
GEORGE POONTHOTTAM (SR.)
A.L.NAVANEETH KRISHNAN
KAVYA VARMA M. M.
ANSHIN K.K
FATHIMA AMREEN JAMAL
RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY THE CHIEF SECRETARY,
GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
2024:KER:80385
W.P.(C) No.21368/2024 & connected cases
:2:
2 THE RETURNING OFFICER/
UNIT INSPECTOR ETTUMANOOR,
THE VIJAYAPURAM SERVICE CO-OPERATIVE BANK
LTD. NO. 4066, MANARCAD,
KOTTAYAM DISTRICT, PIN - 686019
3 THE STATE CO-OPERATIVE ELECTION COMMISSION,
3RD FLOOR, CO BANK TOWERS,
VIKAS BHAVAN P.O., THIRUVANANTHAPURAM,
REPRESENTED BY ITS SECRETARY, PIN - 695033
BY ADVS.
SRI.C.M.NAZAR, SC
SRI.N.MANOJ KUMAR, STATE ATTORNEY
SRI.
SRI.K.GOPALAKRISHNA KURUP, ADVOCATE GENERAL
SMT.R.LAKSHMI NARAYAN (SR.)(K/292/1989)
SRI.P.P.THAJUDHEEN, SPL. GOVERNMENT PLEADER
SRI.IMAM GRIGORIOUS KARAT, GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY
HEARAD ON 14.08.2024, ALONG WITH WP(C).21464/2024,
21531/2024 AND CONNECTED CASES, THE COURT ON 30.10.2024
DELIVERED THE FOLLOWING:
2024:KER:80385
W.P.(C) No.21368/2024 & connected cases
:3:
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
WEDNESDAY, THE 30TH DAY OF OCTOBER 2024/8TH KARTHIKA, 1946
WP(C) NO. 21464 OF 2024
PETITIONERS:
1 A.V. THOMAS,
AGED 71 YEARS,
S/O. VARKEY,
PRESIDENT,
KUMARAKOM SERVICE CO-OPERATIVE BANK
LTD. NO. 2298, KUMARAKOM P.O.,
KOTTAYAM DISTRICT,
RESIDING AT ARYAPPALLY HOUSE,
KUMARAKOM P.O.,
KOTTAYAM DISTRICT, PIN - 686563
2 V.N. RAMACHANDRAN,
AGED 62 YEARS,
S/O. NARAYANAN,
MEMBER NO. 2775,
KUMARAKOM SERVICE CO-OPERATIVE BANK
LTD. NO. 2298, KUMARAKOM P.O.,
KOTTAYAM DISTRICT,
RESIDING AT VETTIKKATTUKALAM HOUSE,
KUMARAKOM P.O.,
KOTTAYAM DISTRICT, PIN - 686563
BY ADVS.
NISHA GEORGE
GEORGE POONTHOTTAM (SR.)
A.L.NAVANEETH KRISHNAN
KAVYA VARMA M. M.
SIDHARTH.R.WARIYAR
ANSHIN K.K
2024:KER:80385
W.P.(C) No.21368/2024 & connected cases
:4:
RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY THE CHIEF SECRETARY,
GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
2 THE RETURNING OFFICER,
UNIT INSPECTOR, KUMARAKAM,
THE KUMARAKOM SERVICE CO-OPERATIVE BANK
LTD. NO. 2298, KUMARAKOM P.O.,
KOTTAYAM DISTRICT, PIN - 686563
3 THE STATE CO-OPERATIVE ELECTION COMMISSION,
3RD FLOOR, CO BANK TOWERS, VIKAS BHAVAN P.O.,
THIRUVANANTHAPURAM,
REPRESENTED BY ITS SECRETARY, PIN - 695033
BY ADVS.
SRI.C.M.NAZAR, SC
SMT.R.LAKSHMI NARAYAN (SR.)(K/292/1989)
SRI.GOPALAKRISHNA KURUP K., ADVOCATE GENERAL
SRI.N.MANOJ KUMAR, STATE ATTORNEY
SRI.P.P.THAJUDHEEN, SPL. GOVERNMENT PLEADER
SRI.IMAM GRIGORIOUS KARAT, GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 14.08.2024, ALONG WITH WP(C).21368/2024 AND CONNECTED
CASES, THE COURT ON 30.10.2024 DELIVERED THE FOLLOWING:
2024:KER:80385
W.P.(C) No.21368/2024 & connected cases
:5:
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
WEDNESDAY, THE 30TH DAY OF OCTOBER 2024/8TH KARTHIKA, 1946
WP(C) NO. 21531 OF 2024
PETITIONERS:
1 JOE THOMAS,
AGED 51 YEARS,
S/O. THOMAS P.J.,
PRESIDENT,
NEDUMKUNNAM SERVICE CO-OPERATIVE BANK LTD. NO.
1301, NEDUMKUNNAM P.O.,
KOTTAYAM DISTRICT,
RESIDING AT PAIKADU HOUSE,
NEDUMKUNNAM P.O.,
KOTTAYAM DISTRICT, PIN - 686542
2 JAMES JOSEPH,
AGED 60 YEARS,
S/O. JOSEPH,
MEMBER NO. 6145,
NEDUMKUNNAM SERVICE CO-OPERATIVE BANK LTD. NO.
1301, NEDUMKUNNAM P.O., KOTTAYAM DISTRICT,
RESIDING AT CHERUSSERIL HOUSE,
MANTHURUTHY P.O.,
KOTTAYAM DISTRICT, PIN - 686542
BY ADVS.
NISHA GEORGE
GEORGE POONTHOTTAM (SR.)
A.L.NAVANEETH KRISHNAN
KAVYA VARMA M. M.
SIDHARTH.R.WARIYAR
FATHIMA AMREEN JAMAL
ANSHIN K.K
2024:KER:80385
W.P.(C) No.21368/2024 & connected cases
:6:
RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY THE CHIEF SECRETARY,
GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM,
PIN - 695001
2 THE STATE CO-OPERATIVE ELECTION COMMISSION,
3RD FLOOR, CO BANK TOWERS, VIKAS BHAVAN P.O.,
THIRUVANANTHAPURAM,
REPRESENTED BY ITS SECRETARY,
PIN - 695033
BY ADVS.
SRI.C.M.NAZAR, SC
SMT.R.LAKSHMI NARAYAN (SR.)(K/292/1989)
SRI.GOPALAKRISHNA KURUP K., ADVOCATE GENERAL
SRI.N.MANOJ KUMAR, STATE ATTORNEY
SRI.P.P.THAJUDHEEN, SPL. GOVERNMENT PLEADER
SRI.IMAM GRIGORIOUS KARAT, GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 14.08.2024, ALONG WITH WP(C).21368/2024 AND CONNECTED
CASES, THE COURT ON 30.10.2024 DELIVERED THE FOLLOWING:
2024:KER:80385
W.P.(C) No.21368/2024 & connected cases
:7:
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
WEDNESDAY, THE 30TH DAY OF OCTOBER 2024/8TH KARTHIKA, 1946
WP(C) NO. 21582 OF 2024
PETITIONERS:
1 T.M. THOMAS,
AGED 81 YEARS,
S/O. LATE MATHAI, PRESIDENT,
PUTHUPPALLY SERVICE CO-OPERATIVE BANK LTD. NO.
1504, PUTHUPPALLY P.O., KOTTAYAM DISTRICT,
RESIDING AT THONDUKANDATHIL, PUTHUPPALLY P.O.,
KOTTAYAM DISTRICT, PIN - 686011
2 THOMAS STEPHEN,
AGED 62 YEARS,
S/O. STEPHEN, MEMBER,
PUTHUPPALLY SERVICE CO-OPERATIVE BANK LTD. NO.
1504, PUTHUPPALLY P.O., KOTTAYAM DISTRICT,
RESIDING AT MAVELIL, THARUN NIVAS, PUTHUPPALLY
P.O., KOTTAYAM DISTRICT, PIN - 686011
BY ADVS.
NISHA GEORGE
GEORGE POONTHOTTAM (SR.)
A.L.NAVANEETH KRISHNAN
KAVYA VARMA M. M.
ANSHIN K.K
NAMITA PHILSON
RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY THE CHIEF SECRETARY, GOVERNMENT
SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001
2024:KER:80385
W.P.(C) No.21368/2024 & connected cases
:8:
2 THE STATE CO-OPERATIVE ELECTION COMMISSION
3RD FLOOR, CO BANK TOWERS, VIKAS BHAVAN P.O.,
THIRUVANANTHAPURAM, REPRESENTED BY ITS
SECRETARY, PIN - 695033
BY ADVS.
SRI.C.M.NAZAR, SC
SMT.R.LAKSHMI NARAYAN (SR.)(K/292/1989)
SRI.GOPALAKRISHNA KURUP K., ADVOCATE GENERAL
SRI.N.MANOJ KUMAR, STATE ATTORNEY
SRI.P.P.THAJUDHEEN, SPL. GOVERNMENT PLEADER
SRI.IMAM GRIGORIOUS KARAT, GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 14.08.2024, ALONG WITH WP(C).21368/2024 AND CONNECTED
CASES, THE COURT ON 30.10.2024 DELIVERED THE FOLLOWING:
2024:KER:80385
W.P.(C) No.21368/2024 & connected cases
:9:
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
WEDNESDAY, THE 30TH DAY OF OCTOBER 2024/8TH KARTHIKA, 1946
WP(C) NO. 21629 OF 2024
PETITIONERS:
1 E.K.SETHU,
S/O VELAYUDHAN PILLAI, AGED 74 YEARS,
PRESIDENT,
ELOOR SERVICE CO-OPERATIVE BANK LTD.E 103,
RESIDING AT EDAKKATHALATHU HOUSE, ELOOR EAST,
UDYOGAMANDAN P.O, ERNAKULAM., PIN - 683501
2 PAUL P.JOSEPH,
S/O JOSEPH, AGED 75 YEARS, PRESIDENT,
AYROOR SERVICE CO-OPERATIVE BANK LTD.NO.2237,
RESIDING AT PANIKULANGARA HOUSE, NORTH
ADUVASSERY, PARAVUR, ERNAKULAM, PIN - 683513
3 MATHEW THOMAS,
AGED 65 YEARS, S/O V.M.THOMAS, PRESIDENT,
ANGAMALY CO-OPERATIVE AGRICULTURIST SOCIETY
LTD.E 240, RESIDING AT VITHAYATHIL HOUSE,
NAYATHODU P.O, ANGAMALI., PIN - 683572
BY ADVS.
P.N.MOHANAN
C.P.SABARI
AMRUTHA SURESH
GILROY ROZARIO
2024:KER:80385
W.P.(C) No.21368/2024 & connected cases
: 10 :
RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY CHIEF SECRETARY,
SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
2 THE STATE OF KERALA,
REPRESENTED BY SECRETARY TO GOVERNMENT,
CO-OPERATIVE DEPARTMENT, SECRETARIAT,
THIRUVANANTHAPURAM., PIN - 695001
3 THE REGISTRAR OF CO-OPERATIVE SOCIETIES,
DEPARTMENT OF CO-OPERATION, OFFICE OF THE
REGISTRAR OF CO-OPERATIVE SOCIETIES, JAWAHAR
SAHAKARANA BHAVAN, DPI JUNCTION, THYCAUD P.O.,
THIRUVANANTHAPURAM ., PIN - 695014
4 RETURNING OFFICER,
(SPECIAL SALE OFFICER)TO ELOOR SCB GROUP) TO
AYROOR SERVICE CO-OPERATIVE BANK. ASSISTANT
REGISTRAR OF CO-OPERATIVE SOCIETIES (G), OFFICE
OF THE ASSISTANT REGISTRAR OF CO-OPERATIVE
SOCIETIES, N.PARAVUR, ERNAKULAM., PIN - 683513
5 THE STATE CO-OPERATIVE ELECTION COMMISSION,
REPRESENTED BY ELECTION COMMISSIONER, 3RD FLOOR,
CO-BANK TOWERS, PALAYAM, VIKAS BHAVAN P.O.,
THIRUVANANTHAPURAM., PIN - 695033
BY ADVS.
SRI.C.M.NAZAR, SC
SMT.R.LAKSHMI NARAYAN (SR.)(K/292/1989)
SRI.GOPALAKRISHNA KURUP K., ADVOCATE GENERAL
SRI.N.MANOJ KUMAR, STATE ATTORNEY
SRI.P.P.THAJUDHEEN, SPL. GOVERNMENT PLEADER
SRI.IMAM GRIGORIOUS KARAT, GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 14.08.2024, ALONG WITH WP(C).21368/2024 AND CONNECTED
CASES, THE COURT ON 30.10.2024 DELIVERED THE FOLLOWING:
2024:KER:80385
W.P.(C) No.21368/2024 & connected cases
: 11 :
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
WEDNESDAY, THE 30TH DAY OF OCTOBER 2024/8TH KARTHIKA, 1946
WP(C) NO. 21697 OF 2024
PETITIONERS:
1 PRATHULACHANDRAN T.K.,
AGED 66 YEARS,
S/O. KARUNAKARAN VAIDYAR,
THAZHATHUMURIYIL HOUSE, K.R. PURAM P.O.,
PALLIPURAM, ALAPUZHA, PIN - 688541
2 BIJU P.N.,
AGED 54 YEARS,
S/O. PADMANABHAN,
RESIDING AT NANADITHARA,
PALLIPURAM P.O.,
ALAPUZHA, PIN - 688541
BY ADVS.
N.ANAND
RAJESH O.N.
ROY ANTONY
RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY CHIEF SECRETARY,
SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001
2 THE STATE OF KERALA,
REPRESENTED BY SECRETARY TO GOVERNMENT,
CO-OPERATIVE DEPARTMENT, SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
2024:KER:80385
W.P.(C) No.21368/2024 & connected cases
: 12 :
3 THE REGISTRAR OF CO-OPERATIVE SOCIETIES,
DEPARTMENT OF CO-OPERATION,
OFFICE OF THE REGISTRAR OF CO-OPERATIVE
SOCIETIES, JAWAHAR SAHAKARANA BHAVAN,
DPI JUNCTION, THYCAUD P.O.,
THIRUVANANTHAPURAM, PIN - 695014
4 THE CO-OPERATIVE ELECTION COMMISSION,
REPRESENTED BY ITS SECRETARY,
CO-BANK TOWERS, PALAYAM, VIKAS BHAVAN P.O.,
THIRUVANANTHAPURAM, PIN - 695033
5 THE PALLIPURAM VILLAGE CO-OPERATIVE BANK,
PALLIPURAM P.O,
CHERTHALA, ALAPUZHA,
REPRESENTED BY ITS SECRETARY, PIN - 688541
6 THE RETURNING OFFICER,
THE PALLIPURAM VILLAGE CO-OPERATIVE BANK,
PALLIPURAM P.O,
CHERTHALA ALAPUZHA, PIN - 688541
7 THE ELECTORAL OFFICER,
THE PALLIPURAM VILLAGE CO-OPERATIVE BANK,
PALLIPURAM P.O,
CHERTHALA ALAPUZHA, PIN - 688541
BY ADVS.
SRI.C.M.NAZAR, SC
SRI.BIJITH S KHAN SHANAVAS
SMT.RESHMA T.(K/508/2014)
SMT.R.LAKSHMI NARAYAN (SR.)(K/292/1989)
SRI.GOPALAKRISHNA KURUP K., ADVOCATE GENERAL
SRI.N.MANOJ KUMAR, STATE ATTORNEY
SRI.P.P.THAJUDHEEN, SPL. GOVERNMENT PLEADER
SRI.IMAM GRIGORIOUS KARAT, GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 14.08.2024, ALONG WITH WP(C).21368/2024 AND CONNECTED
CASES, THE COURT ON 30.10.2024 DELIVERED THE FOLLOWING:
2024:KER:80385
W.P.(C) No.21368/2024 & connected cases
: 13 :
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
WEDNESDAY, THE 30TH DAY OF OCTOBER 2024/8TH KARTHIKA, 1946
WP(C) NO. 21796 OF 2024
PETITIONERS:
1 P. MADHAVAN,
AGED 72 YEARS,
S/O. BALAKRISHNAN NAIR,
PRESIDENT,
CHIRANELLUR SERVICE CO-OPERATIVE BANK LTD. NO.
640, CHIRANELLUR P.O.,
KECHERY VIA, THRISSUR DISTRICT,
RESIDING AT PAREKKATTU HOUSE,
THALAKKOTTUKARA P.O.,
THRISSUR DISTRICT, PIN - 680501
2 P. VIJAYALAKSHMI,
AGED 78 YEARS,
W/O. RAMAKRISHNAN NAIR, MEMBER,
CHIRANELLUR SERVICE CO-OPERATIVE BANK LTD. NO.
640, CHIRANELLUR P.O.,
KECHERY VIA, THRISSUR DISTRICT,
RESIDING AT PAREKKATTU HOUSE,
THALAKKOTTUKARA P.O.,
THRISSUR DISTRICT, PIN - 680501
3 MOHAMMED SALIM,
AGED 51 YEARS,
S/O. MOHAMMED, MEMBER,
CHIRANELLUR SERVICE CO-OPERATIVE BANK LTD. NO.
640, CHIRANELLUR P.O., KECHERY VIA,
THRISSUR DISTRICT,
RESIDING AT THERUVATH HOUSE,
PATTIKKARA, CHIRANELLUR,
THRISSUR DISTRICT, PIN - 680501
2024:KER:80385
W.P.(C) No.21368/2024 & connected cases
: 14 :
BY ADVS.
NISHA GEORGE
GEORGE POONTHOTTAM (SR.)
A.L.NAVANEETH KRISHNAN
KAVYA VARMA M. M.
ANSHIN K.K
RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY THE CHIEF SECRETARY,
GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
2 THE STATE CO-OPERATIVE ELECTION COMMISSION,
3RD FLOOR, CO BANK TOWERS,
VIKAS BHAVAN P.O., THIRUVANANTHAPURAM,
REPRESENTED BY ITS SECRETARY,
PIN - 695033
BY ADVS.
SRI.C.M.NAZAR, SC
SMT.R.LAKSHMI NARAYAN (SR.)(K/292/1989)
SRI.GOPALAKRISHNA KURUP K., ADVOCATE GENERAL
SRI.N.MANOJ KUMAR, STATE ATTORNEY
SRI.P.P.THAJUDHEEN, SPL. GOVERNMENT PLEADER
SRI.IMAM GRIGORIOUS KARAT, GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 14.08.2024, ALONG WITH WP(C).21368/2024 AND CONNECTED
CASES, THE COURT ON 30.10.2024 DELIVERED THE FOLLOWING:
2024:KER:80385
W.P.(C) No.21368/2024 & connected cases
: 15 :
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
WEDNESDAY, THE 30TH DAY OF OCTOBER 2024/8TH KARTHIKA, 1946
WP(C) NO. 22180 OF 2024
PETITIONERS:
1 BOARD OF DIRECTORS OF VAZHAKKULAM SERVICE
CO-OPERATIVE BANK LTD. NO.751,
VAZHAKKULAM, MUVATTUPUZHA,
REPRESENTED BY ITS PRESIDENT JOSE THOMAS,
PIN - 686670
2 JOSE THOMAS @ JOSE PERUMPALLY KUNNEL,
AGED 66 YEARS,
S/O.THOMAS, PERUMBALLY KUNNEL,
VAZHAKKULAM, MUVATTUPUZHA, PIN - 686670
*3 BOARD OF DIRECTORS OF THE MUKKANNUR SERVICE
CO-OPERATIVE BANK LTD. NO.E62, (DELETED)
MUKKANNUR P.O.,
REPRESENTED BY ITS PRESIDENT K.P.BABY,
PIN 683577
*4 K.P.BABY, (DELETED)
AGED 7 YEARS,
S/O.POULO, KARIPARAMBATT HOUSE,
KOKKUNNUR, MOOKKANNUR P.O., PIN - 683577
*5 ADV.M.P.JOHNSON, (DELETED)
AGED 57 YEARS,
S/O.POULOSE, MADASSERI HOUSE,
MUKKANNUR P.O., PIN-683577.
*[ PETITIONERS NO.3 TO 5 ARE DELETED FROM THE
PARTY ARRAY, AS PER ORDER DATED 17.07.2024 IN
I.A.No.1/2024 IN WP(C) 22180/2024]
2024:KER:80385
W.P.(C) No.21368/2024 & connected cases
: 16 :
BY ADVS.
NISHA GEORGE
GEORGE POONTHOTTAM (SR.)(K/000570/1979)
RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY THE CHIEF SECRETARY TO GOVERNMENT
GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
2 LAW SECRETARY,
LAW LEGISLATION -(H) DEPARTMENT,
GOVERNMENT OF KERALA GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
3 REGISTRAR OF CO-OPERATIVE SOCIETIES
OFFICE OF THE REGISTRAR OF CO-OPERATIVE
SOCIETIES JAWAHAR SAHAKARANA BHAVAN DPI
JUNCTION, THYCAUD (PO),
THIRUVANANTHAPURAM, PIN - 695014
4 STATE CO-OPERATIVE ELECTION COMMISSIONER
VIKAS BHAVAN, JANAHITHAM, NEAR LEGISLATIVE
ASSEMBLY, THIRUVANANTHAPURAM,
KERALA, PIN - 695033
BY ADVS.
SRI.C.M.NAZAR, SC
SMT.R.LAKSHMI NARAYAN (SR.)(K/292/1989)
SRI.GOPALAKRISHNA KURUP K., ADVOCATE GENERAL
SRI.N.MANOJ KUMAR, STATE ATTORNEY
SRI.P.P.THAJUDHEEN, SPL. GOVERNMENT PLEADER
SRI.IMAM GRIGORIOUS KARAT, GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 14.08.2024, ALONG WITH WP(C).21368/2024 AND CONNECTED
CASES, THE COURT ON 30.10.2024 DELIVERED THE FOLLOWING:
2024:KER:80385
W.P.(C) No.21368/2024 & connected cases
: 17 :
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
WEDNESDAY, THE 30TH DAY OF OCTOBER 2024/8TH KARTHIKA, 1946
WP(C) NO. 22342 OF 2024
PETITIONER:
M.P. SHAJU, *(CORRECTED)
AGED 54 YEARS,
JANAKIARAM, SWATHI NAGAR,
KANNAMMOLLA,
MEDICAL COLLEGE.P.O.,
THIRUVANANTHAPURAM PRESIDENT,
PATTOM SERVICE CO-OPERATIVE BANK LTD.T. 1318,
KANNAMMOOLA,
THIRUVANANTHAPURAM, PIN-695011.
*(THE PETITIONER NAME IS CORRECTED AS M.P.SAJU
AS PER ORDER DATED 02.07.2024 IN I.A. 1/2024 OF
WP(C)22342/2024)
BY ADVS.
B.S.SWATHI KUMAR
ANITHA RAVINDRAN
HARISANKAR N UNNI
K.MINI MOLE (M-1356)
RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY THE CHIEF SECRETARY,
GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
2 STATE CO-OPERATIVE ELECTION COMMISSION
3RD FLOOR, CO-BANK TOWERS, VIKAS BHAVAN,
THIRUVANANTHAPURAM, PIN - 695033
REPRESENTED BY ITS SECRETARY.
2024:KER:80385
W.P.(C) No.21368/2024 & connected cases
: 18 :
3 THE RETURNING OFFICER/UNIT INSPECTOR,
PATTOM, OFFICE OF THE ASSISTANT REGISTRAR OF
CO-OPERATIVE SOCIETIES (G),
THIRUVANANTHAPURAM,
ELECTION TO THE MANAGING COMMITTEE OF THE PATTOM
SERVICE CO-OPERATIVE BANK LTD.T. 1318,
KANNAMMOOLA,
THIRUVANANTHAPURAM, PIN - 695033.
BY ADVS.
SRI.C.M.NAZAR, SC
SMT.R.LAKSHMI NARAYAN (SR.)(K/292/1989)
SRI.GOPALAKRISHNA KURUP K., ADVOCATE GENERAL
SRI.N.MANOJ KUMAR, STATE ATTORNEY
SRI.P.P.THAJUDHEEN, SPL. GOVERNMENT PLEADER
SRI.IMAM GRIGORIOUS KARAT, GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 14.08.2024, ALONG WITH WP(C).21368/2024 AND CONNECTED
CASES, THE COURT ON 30.10.2024 DELIVERED THE FOLLOWING:
2024:KER:80385
W.P.(C) No.21368/2024 & connected cases
: 19 :
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
WEDNESDAY, THE 30TH DAY OF OCTOBER 2024/8TH KARTHIKA, 1946
WP(C) NO. 22428 OF 2024
PETITIONERS:
1 SHAJU K FRANCIS,
AGED 48 YEARS,
S/O P.D FRANCIS PRESIDENT,
KURIACHIRA SERVICE CO-OPERATIVE BANK LTD NO.637
KURIACHIRA P.O, THRISSUR,, PIN - 680006
2 BABU G KARIYATTI,
AGED 64 YEARS,
S/O K.K. GEORGE KARIYATTI HOUSE,
CHIYARAM P.O, PIN-680026 MEMBER,
KURIACHIRA SERVICE CO-OPERATIVE BANK LTD NO.637
KURIACHIRA P.O,
THRISSUR, PIN - 680006
BY ADVS.
C.A.JOJO
S.JIJI
M.M.BABY
JOSEPH ANU A.A
RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY CHIEF SECRETARY, SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
2 THE SECRETARY TO GOVERNMENT,
CO-OPERATIVE DEPARTMENT, T/C 25/357(4) GANDHARI
AMMAN KOVIL ROAD,STATU, 7TH FLOOR,
AKSHARAMANDHIRAM, HEAD POST OFFICE P.O
THIRUVANANTHAPURAM, PIN - 695001
2024:KER:80385
W.P.(C) No.21368/2024 & connected cases
: 20 :
3 THE REGISTRAR OF CO-OPERATIVE SOCIETIES,
DEPARTMENT OF CO-OPERATION,
OFFICE OF THE REGISTRAR OF CO-OPERATIVE
SOCIETIES, JAWAHAR SAHAKARANA BHAVAN,
DPI JUNCTION, THYCAUD P.O.,
THIRUVANANTHAPURAM, PIN - 695014
4 THE STATE CO-OPERATIVE ELECTION COMMISSION,
KERALA,
REPRESENTED BY ITS SECRETARY,
CO-BANK TOWERS, PALAYAM,
VIKAS BHAVAN P.O.,
THIRUVANANTHAPURAM, PIN - 695033
BY ADVS.
SRI.C.M.NAZAR, SC
SMT.R.LAKSHMI NARAYAN (SR.)(K/292/1989)
SRI.GOPALAKRISHNA KURUP K., ADVOCATE GENERAL
SRI.N.MANOJ KUMAR, STATE ATTORNEY
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 14.08.2024, ALONG WITH WP(C).21368/2024 AND CONNECTED
CASES, THE COURT ON 30.10.2024 DELIVERED THE FOLLOWING:
2024:KER:80385
W.P.(C) No.21368/2024 & connected cases
: 21 :
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
WEDNESDAY, THE 30TH DAY OF OCTOBER 2024/8TH KARTHIKA, 1946
WP(C) NO. 22638 OF 2024
PETITIONERS:
1 JOHNSON K.,
AGED 83 YEARS,
PRESIDENT, NARUVAMOODU SERVICE
CO-OPERATIVE BANK LTD,
RESIDING AT NELLIVILAYIL,
VELLAPPALLY, NARUVAMOOD P.O,
THIRUVANANTHAPURAM, PIN - 695528.
2 K.R.CHANDRAN,
AGED 78 YEARS,
PRESIDENT, VIYYUR SERVICE CO-OPERATIVE
BANK LTD NO.177, VIYYUR, P.O.,
THRISSUR RESIDING AT KARANATH HOUSE,
VIYYUR, THRISSUR, PIN - 680010
3 A.K.RADHAKRISHNAN,
AGED 63 YEARS,
MANAGING COMMITTEE MEMBER,
VIYYUR SERVICE CO-OPERATIVE BANK
LTD NO.177,
RESIDING AT ALOOPARAMBIL HOUSE,
VIYYUR, P.O., THRISSUR, PIN - 680010
4 SHANAVAS V.K.,
AGED 59 YEARS,
KADUNGALLUR SCB LTD.NO.863,
WEST KADUNGALLUR,
RESIDING AT VELLUKUZHI HOUSE,
WEST KADUNGALLUR, PIN - 683110
2024:KER:80385
W.P.(C) No.21368/2024 & connected cases
: 22 :
5 JOHN BRITTO P.G.,
AGED 49 YEARS,
PRESIDENT, AMBALAPPUZHA THALUK AIDED SECONDARY
SCHOOL EMPLOYEES CO-OPERATIVE BANK LTD.NO.A-338,
ALAPPUZHA, RESIDING AT VADAKKAL,
ALAPPUZHA, PIN - 688011
6 I.K.GOVINDAN
AGED 79 YEARS
PRESIDENT, LOKAMALESWARAM SERVICE CO-OPERATIVE
BANK LTD.249, RESIDING AT ITTITHARA HOUSE,
LOKAMALESWARAM, KODUNGALLUR, THRISSUR, PIN -
683110
7 MURALEEDHARAN K.G.,
AGED 73 YEARS
PRESIDENT, PULLOOT SERVIICE CO-OPERATIVE BANK
611, PULLUT P.O, KODUNGALLUR, THRISSUR, RESIDING
AT KUNNATHU SANKARANARAYANEEYAM, KODUNGALLUR,
THRISSUR, PIN - 680663
8 ITTOOP IYNIKKADAN,
AGED 69 YEARS,
PRESIDENT,
WEST CHALAKUDY SERVICE CO-OPERATIVE BANK
LTD.NO.R.262, P.O.CHALAKUDY,
THRISSUR, RESIDING AT IYINIKKADAN HOUSE,
WEST CHALAKKUDY P.O, THRISSUR, PIN - 680307
BY ADV P.N.MOHANAN
RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY CHIEF SECRETARY,
SECRETARIAT, THIRUVANANTHAPURAM,
PIN - 695001
2 THE STATE OF KERALA,
REPRESENTED BY SECRETARY TO GOVERNMENT,
CO-OPERATIVE DEPARTMENT, SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
2024:KER:80385
W.P.(C) No.21368/2024 & connected cases
: 23 :
3 THE REGISTRAR OF CO-OPERATIVE SOCIETIES,
DEPARTMENT OF CO-OPERATION, OFFICE OF THE
REGISTRAR OF CO-OPERATIVE SOCIETIES, JAWAHAR
SAHAKARANA BHAVAN, DPI JUNCTION,
THYCAUD P.O.,THIRUVANANTHAPURAM, PIN - 695014
4 RETURNING OFFICER / UNIT INSPECTOR TO VIYYUR
SERVICE CO-OPERATIVE BANK,
KOLAZHI, OFFICE OF THE ASSISTANT REGISTRAR OF
CO-OPERATIVE SOCIETIES (GENERAL),
THRISSUR, PIN - 680003
5 RETURNING OFFICER / (ALANGAD UNIT INSPECTOR)
TO KADUNGALLUR SERVICE CO-OPERATIVE BANK
OFFICE OF THE ASSISTANT REGISTRAR OF
CO-OPERATIVE SOCIETIES (GENERAL),
N.PARAVUR, PIN - 683513
6 THE STATE CO-OPERATIVE ELECTION COMMISSION,
REPRESENTED BY ELECTION COMMISSIONER
3RD FLOOR, CO-BANK TOWERS,
PALAYAM, VIKAS BHAVAN P.O.,
THIRUVANANTHAPURAM, PIN - 695033
BY ADVS.
SRI.C.M.NAZAR, SC
SMT.R.LAKSHMI NARAYAN (SR.)(K/292/1989)
SRI.GOPALAKRISHNA KURUP K., ADVOCATE GENERAL
SRI.N.MANOJ KUMAR, STATE ATTORNEY
SRI.P.P.THAJUDHEEN, SPL. GOVERNMENT PLEADER
SRI.IMAM GRIGORIOUS KARAT, GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 14.08.2024, ALONG WITH WP(C).21368/2024 AND
CONNECTED CASES, THE COURT ON 30.10.2024 DELIVERED THE
FOLLOWING:
2024:KER:80385
W.P.(C) No.21368/2024 & connected cases
: 24 :
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
WEDNESDAY, THE 30TH DAY OF OCTOBER 2024/8TH KARTHIKA, 1946
WP(C) NO. 22645 OF 2024
PETITIONERS:
1 K.P.JOBICHAN,
AGED 59 YEARS,
PRESIDENT,
THYCATTUSERY SERVICE CO-OPERATIVE BANK
LTD.NO.275, THYCATTUSSERY P.O,
ALAPPUZHA. RESIDING AT KOLUTHARA HOUSE,
POOCHAKKAL P.O, ALAPPUZHA, PIN - 688528
2 C.K.SHAJI MOHAN,
AGED 68 YEARS,
PRESIDENT,
CHERTHALA CO-OPERATIVE AGRICULTURAL & RURAL
DEVELOPMENT BANK, CHERTHALA P.O, ALAPPUZHA.
RESIDING AT SIVAKRIPA, VELARVATTOM, CHERTHALA
P.O, ALAPPUZHA 688524., PIN - 688524
3 HYDROS KOYA THANGAL,
AGED 72 YEARS,
PRESIDENT,
NANNAMBRA SERVICE CO-OPERATIVE BANK LTD.NO.393,
KODINJI P.O, MALAPPURAM, RESIDING AT SALIM
MANZIL, KODINJIPALLIKKAL HOUSE, KOZHINJI P.O,
MALAPPURAM., PIN - 676309
BY ADVS.
P.N.MOHANAN
C.P.SABARI
AMRUTHA SURESH
GILROY ROZARIO
2024:KER:80385
W.P.(C) No.21368/2024 & connected cases
: 25 :
RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY CHIEF SECRETARY,
SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001
2 THE STATE OF KERALA,
REPRESENTED BY SECRETARY TO GOVERNMENT,
CO-OPERATIVE DEPARTMENT, SECRETARIAT,
THIRUVANANTHAPURAM., PIN - 695001
3 THE REGISTRAR OF CO-OPERATIVE SOCIETIES,
DEPARTMENT OF CO-OPERATION, OFFICE OF THE
REGISTRAR OF CO-OPERATIVE SOCIETIES,
JAWAHAR SAHAKARANA BHAVAN, DPI JUNCTION,
THYCAUD P.O.,THIRUVANANTHAPURAM, PIN - 695014
4 RETURNING OFFICER / UNIT INSPECTOR TO
THYCATTUSERY SERVICE CO-OPERATIVE BANK
OFFICE OF THE ASSISTANT REGISTRAR OF CO-
OPERATIVE SOCIETIES (GENERAL),
THYCATTUSSERY P.O, ALAPPUZHA, PIN - 688528
5 THE STATE CO-OPERATIVE ELECTION COMMISSION,
REPRESENTED BY ELECTION COMMISSIONER, 3RD FLOOR,
CO-BANK TOWERS, PALAYAM, VIKAS BHAVAN P.O.,
THIRUVANANTHAPURAM., PIN - 695033
BY ADVS.
SRI.C.M.NAZAR, SC
SMT.R.LAKSHMI NARAYAN (SR.)(K/292/1989)
SRI.GOPALAKRISHNA KURUP K., ADVOCATE GENERAL
SRI.N.MANOJ KUMAR, STATE ATTORNEY
SRI.P.P.THAJUDHEEN, SPL. GOVERNMENT PLEADER
SRI.IMAM GRIGORIOUS KARAT, GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 14.08.2024, ALONG WITH WP(C).21368/2024 AND CONNECTED
CASES, THE COURT ON 30.10.2024 DELIVERED THE FOLLOWING:
2024:KER:80385
W.P.(C) No.21368/2024 & connected cases
: 26 :
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
WEDNESDAY, THE 30TH DAY OF OCTOBER 2024/8TH KARTHIKA, 1946
WP(C) NO. 22656 OF 2024
PETITIONERS:
1 VENUGOPAL T.M.,
AGED 69 YEARS,
S/O.K.K.MADHAVAN PILLAI,
THEKKEMAYALIL, MULAKUZHA P.O,
CHENGANNUR,
ALAPPUZHA DISTRICT, PIN - 689505
2 SANTHOSH S.,
AGED 62 YEARS,
S/O.T.K.SREEDHARAN,
SANTHOSH BHAVAN, KARAKKAD P.O,
MULAKUZHA, KARAKKAD,
ALAPPUZHA DISTRICT, PIN - 689504
BY ADVS.
T.R.HARIKUMAR
ARJUN RAGHAVAN
RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY THE SECRETARY TO GOVERNMENT,
CO-OPERATION (C) DEPARTMENT,
GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
2 THE REGISTRAR OF CO-OPERATIVE SOCIETIES,
JAWAHAR SAHAKARANA BHAVAN,
DPI JUNCTION, THYCAUD P.O,
THIRUVANANTHAPURAM, PIN - 695014
2024:KER:80385
W.P.(C) No.21368/2024 & connected cases
: 27 :
3 THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES
(GENERAL),
ALAPPUZHA, MULLAKKAL,
ALAPPUZHA DISTRICT, PIN - 688011
4 THE STATE CO-OPERATIVE ELECTION COMMISSION,
REPRESENTED BY ITS SECRETARY, 3RD FLOOR,
CO-BANK TOWERS, VIKAS BHAVAN P.O,
THIRUVANANTHAPURAM, PIN - 695033
5 THE ELECTORAL OFFICER,
MULAKUZHA SERVICE CO-OPERATIVE BANK LTD.
NO.1224, (ASSISTANT REGISTRAR OF CO-OPERATIVE
SOCIETIES (GENERAL), CHENGANNUR,
ALAPPUZHA DISTRICT, PIN - 689121
6 RETURNING OFFICER,
MULAKUZHA SERVICE CO-OPERATIVE BANK LTD.
NO.1224, (UNIT INSPECTOR, CHENGANNUR,
OFFICE OF THE ASSISTANT REGISTRAR OF
CO-OPERATIVE SOCIETIES (GENERAL),
CHENGANNUR,
ALAPPUZHA DISTRICT, PIN - 689121
7 THE MULAKUZHA SERVICE CO-OPERATIVE BANK LTD.
NO.1224,
REPRESENTED BY ITS SECRETARY,
MULAKUZHA P.O, CHENGANNUR,
ALAPPUZHA DISTRICT, PIN - 689505
BY ADVS.
SMT.PARVATHI S.
SRI.C.M.NAZAR, SC
SMT.R.LAKSHMI NARAYAN (SR.)(K/292/1989)
SRI.GOPALAKRISHNA KURUP K., ADVOCATE GENERAL
SRI.N.MANOJ KUMAR, STATE ATTORNEY
SRI.P.P.THAJUDHEEN, SPL. GOVERNMENT PLEADER
SRI.IMAM GRIGORIOUS KARAT, GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 14.08.2024, ALONG WITH WP(C).21368/2024 AND
CONNECTED CASES, THE COURT ON 30.10.2024 DELIVERED THE
FOLLOWING:
2024:KER:80385
W.P.(C) No.21368/2024 & connected cases
: 28 :
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
WEDNESDAY, THE 30TH DAY OF OCTOBER 2024/8TH KARTHIKA, 1946
WP(C) NO. 22692 OF 2024
PETITIONERS:
1 SUNDARAN KUNNATHULLY,
AGED 57 YEARS, S/O SEKHARAN PRESIDENT,
AMBALAPAD SERVICE CO-OPERATIVE BANK LTD NO.759
KUNDUKAD P.O, THRISSUR, PIN - 680028
2 P.J. RAJU,
AGED 60 YEARS,
S/O JOSEPH PALLIKKUNNEL HOUSE,
MALAKKA, MANALITHARA P.O, THRISSUR,
COMMITTEE MEMBER,
AMBALAPAD SERVICE CO-OPERATIVE BANK LTD NO.759,
PIN - 680589
3 GIJO KURIAN,
AGED 60 YEARS,
S/O KURIAN PULIYANMAKKAL HOUSE,
POOMALA P.O, THRISSUR,
COMMITTEE MEMBER,
AMBALAPAD SERVICE CO-OPERATIVE BANK LTD NO.759,
PIN - 680581
4 JAMES N.Q.,
AGED 70 YEARS,
S/O GEORGE NEDUMATTATHIL HOUSE,
KALLUMKOOTTAM, MANALITHARA P.O,
THRISSUR, PIN - 680589
BY ADVS.
C.A.JOJO
JOSEPH ANU A.A
2024:KER:80385
W.P.(C) No.21368/2024 & connected cases
: 29 :
RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY CHIEF SECRETARY,
SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001
2 THE SECRETARY TO GOVERNMENT,
CO-OPERATIVE DEPARTMENT, T/C 25/357(4) GANDHARI
AMMAN KOVIL ROAD,STATU, 7TH FLOOR,
AKSHARAMANDHIRAM, HEAD POST OFFICE P.O
THIRUVANANTHAPURAM, PIN - 695001
3 THE REGISTRAR OF CO-OPERATIVE SOCIETIES
DEPARTMENT OF CO-OPERATION, OFFICE OF THE
REGISTRAR OF CO-OPERATIVE SOCIETIES, JAWAHAR
SAHAKARANA BHAVAN, DPI JUNCTION, THYCAUD P.O.,
THIRUVANANTHAPURAM, PIN - 695014
4 THE STATE CO-OPERATIVE ELECTION COMMISSION
KERALA,
REPRESENTED BY ITS SECRETARY, CO-BANK TOWERS,
PALAYAM, VIKAS BHAVAN P.O.,
THIRUVANANTHAPURAM-, PIN - 695033
5 THE ELECTORAL OFFICER,
OFFICE OF THE ASST. REGISTRAR THALAPPILLY
THALUK, WADAKKANCHERY P.O THRISSUR,,
PIN - 680582
6 THE RETURNING OFFICER,
A & E INSPECTOR-2,
OFFICE OF THE ASST. REGISTRAR THALAPPILLY TALUK,
WADAKKANCHERY P.O THRISSUR, PIN - 680582
BY ADVS.
SRI.C.M.NAZAR, SC
SMT.R.LAKSHMI NARAYAN (SR.)(K/292/1989)
SRI.GOPALAKRISHNA KURUP K., ADVOCATE GENERAL
SRI.N.MANOJ KUMAR, STATE ATTORNEY
SRI.P.P.THAJUDHEEN, SPL. GOVERNMENT PLEADER
SRI.IMAM GRIGORIOUS KARAT, GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 14.08.2024, ALONG WITH WP(C).21368/2024 AND
CONNECTED CASES, THE COURT ON 30.10.2024 DELIVERED THE
FOLLOWING:
2024:KER:80385
W.P.(C) No.21368/2024 & connected cases
: 30 :
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
WEDNESDAY, THE 30TH DAY OF OCTOBER 2024/8TH KARTHIKA, 1946
WP(C) NO. 22740 OF 2024
PETITIONER:
ABDULKALAM AZAD C.,
AGED 51 YEARS,
S/O.MUHAMMED ALI,
CHENGARAMCHOLA HOUSE,
CHERUSHOLA P.O,
MALAPPURAM DISTRICT, PIN - 676501
BY ADVS.
T.R.HARIKUMAR
ARJUN RAGHAVAN
RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY THE SECRETARY TO GOVERNMENT,
CO-OPERATION (C) DEPARTMENT,
GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
2 THE REGISTRAR OF CO-OPERATIVE SOCIETIES,
JAWAHAR SAHAKARANA BHAVAN,
DPI JUNCTION,
THYCAUD P.O,
THIRUVANANTHAPURAM, PIN - 695014
3 THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES
(GENERAL)
MALAPPURAM, CIVIL STATION,
MALAPPURAM DISTRICT,
PIN - 676505
2024:KER:80385
W.P.(C) No.21368/2024 & connected cases
: 31 :
4 THE STATE CO-OPERATIVE ELECTION COMMISSION,
REPRESENTED BY ITS SECRETARY,
3RD FLOOR, CO-BANK TOWERS,
VIKAS BHAVAN P.O,
THIRUVANANTHAPURAM, PIN - 695033
5 THE ELECTORAL OFFICER,
EDARIKODE SERVICE CO-OPERATIVE BANK LTD.
NO.10739, (ASSISTANT REGISTRAR OF CO-OPERATIVE
SOCIETIES (GENERAL), THIRURANGADI,
MALAPPURAM DISTRICT), PIN - 676306
6 RETURNING OFFICER,
EDARIKODE SERVICE CO-OPERATIVE BANK LTD.
NO.10739, (UNIT INSPECTOR, VENGARA,
OFFICE OF THE ASSISTANT REGISTRAR OF CO-
OPERATIVE SOCIETIES (GENERAL),
THIRURANGADI,
MALAPPURAM DISTRICT, PIN - 676306
7 THE EDARIKODE SERVICE CO-OPERATIVE BANK LTD.
NO.10739
REPRESENTED BY ITS SECRETARY, EDARIKODE P.O,
MALAPPURAM DISTRICT, PIN - 676501
BY ADVS.
SRI.C.M.NAZAR, SC
SMT.R.LAKSHMI NARAYAN (SR.)(K/292/1989)
SRI.GOPALAKRISHNA KURUP K., ADVOCATE GENERAL
SRI.N.MANOJ KUMAR, STATE ATTORNEY
SRI.P.P.THAJUDHEEN, SPL. GOVERNMENT PLEADER
SRI.IMAM GRIGORIOUS KARAT, GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 14.08.2024, ALONG WITH WP(C).21368/2024 AND
CONNECTED CASES, THE COURT ON 30.10.2024 DELIVERED THE
FOLLOWING:
2024:KER:80385
W.P.(C) No.21368/2024 & connected cases
: 32 :
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
WEDNESDAY, THE 30TH DAY OF OCTOBER 2024/8TH KARTHIKA, 1946
WP(C) NO. 23203 OF 2024
PETITIONERS:
1 SREEKUMARAN K.B.,
AGED 52 YEARS,
S/O.T.G.BALAKRISHNAN NAIR,
KOIPURATHU HOUSE,
VENMONEY P.O, CHENGANNUR,
ALAPPUZHA DISTRICT, PIN - 689509
2 MADHUSOODHANAN PILLAI,
AGED 57 YEARS,
S/O.GOPALAKRISHNA PILLAI,
KAREELATHARAYIL VEEDU,
VENMONEY P.O,
CHENGANNUR,
ALAPPUZHA DISTRICT, PIN - 689509
BY ADVS.
T.R.HARIKUMAR
ARJUN RAGHAVAN
RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY THE SECRETARY TO GOVERNMENT,
CO-OPERATION (C) DEPARTMENT, GOVERNMENT
SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001
2 THE REGISTRAR OF CO-OPERATIVE SOCIETIES,
JAWAHAR SAHAKARANA BHAVAN, DPI JUNCTION,
THYCAUD P.O,
THIRUVANANTHAPURAM, PIN - 695014
2024:KER:80385
W.P.(C) No.21368/2024 & connected cases
: 33 :
3 THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES
(GENERAL),
ALAPPUZHA, MULLAKKAL,
ALAPPUZHA DISTRICT, PIN - 688011
4 THE STATE CO-OPERATIVE ELECTION COMMISSION,
REPRESENTED BY ITS SECRETARY, 3RD FLOOR,
CO-BANK TOWERS, VIKAS BHAVAN P.O,
THIRUVANANTHAPURAM, PIN - 696033
5 THE ELECTORAL OFFICER,
VENMONEY SERVICE CO-OPERATIVE BANK LTD. NO.118,
(ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES
(GENERAL), CHENGANNUR,
ALAPPUZHA DISTRICT, PIN - 689121
6 THE RETURNING OFFICER,
VENMONEY SERVICE CO-OPERATIVE BANK LTD. NO.118,
(UNIT INSPECTOR, CHENGANNUR, OFFICE OF THE
ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES
(GENERAL), CHENGANNUR,
ALAPPUZHA DISTRICT, PIN - 689121
7 THE VENMONEY SERVICE CO-OPERATIVE BANK LTD.
NO.118,
REPRESENTED BY ITS SECRETARY,
VENMONEY P.O, CHENGANNUR,
ALAPPUZHA DISTRICT, PIN - 689509
BY ADVS.
SMT.ADITHYA RAJEEV
SRI.C.M.NAZAR, SC
SMT.R.LAKSHMI NARAYAN (SR.)(K/292/1989)
SRI.GOPALAKRISHNA KURUP K., ADVOCATE GENERAL
SRI.N.MANOJ KUMAR, STATE ATTORNEY
SRI.P.P.THAJUDHEEN, SPL. GOVERNMENT PLEADER
SRI.IMAM GRIGORIOUS KARAT, GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 14.08.2024, ALONG WITH WP(C).21368/2024 AND CONNECTED
CASES, THE COURT ON 30.10.2024 DELIVERED THE FOLLOWING:
2024:KER:80385
W.P.(C) No.21368/2024 & connected cases
: 34 :
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
WEDNESDAY, THE 30TH DAY OF OCTOBER 2024/8TH KARTHIKA, 1946
WP(C) NO. 23252 OF 2024
PETITIONERS:
1 P.A. HARISCHANDRAN,
AGED 64 YEARS,
S/O. P.G. ANANTHANPILLA,
MEMBER MANAGING COMMITTEE,
KUMARAKOM SERVICE CO-OPERATIVE BANK LTD. NO.
2298, KUMARAKOM P.O., KOTTAYAM DISTRICT,
RESIDING AT PUTHENPURAKKAL HOUSE, KUMARAKAM
P.O., KOTTAYAM DISTRICT, PIN - 686563
2 M.K. VIDYADHARAN,
AGED 76 YEARS,
S/O. LATE KUNJUPANICKER,
MEMBER MANAGING COMMITTEE,
KUMARAKOM SERVICE CO-OPERATIVE BANK LTD. NO.
2298, KUMARAKOM P.O., KOTTAYAM DISTRICT,
RESIDING AT MOZHICHERIL, KUMARAKAM P.O.,
KOTTAYAM DISTRICT, PIN - 686563
3 C.J. SABU,
AGED 61 YEARS,
S/O. VARKEY JOHN,
MEMBER MANAGING COMMITTEE,
KUMARAKOM SERVICE CO-OPERATIVE BANK LTD. NO.
2298, KUMARAKOM P.O., KOTTAYAM DISTRICT,
RESIDING AT CHERUPUSHPAVILASAM, KUMARAKAM P.O.,
KOTTAYAM DISTRICT, PIN - 686563
4 T.D. BAIJU,
AGED 59 YEARS,
S/O. A.K. SIVADAS,
MEMBER MANAGING COMMITTEE,
KUMARAKOM SERVICE CO-OPERATIVE BANK LTD. NO.
2024:KER:80385
W.P.(C) No.21368/2024 & connected cases
: 35 :
2298, KUMARAKOM P.O., KOTTAYAM DISTRICT,
RESIDING AT THUNDIPARAMBA, KUMARAKAM P.O.,
KOTTAYAM DISTRICT, PIN - 686563
BY ADVS.
SMT.NISHA GEORGE
SRI.GEORGE POONTHOTTAM (SR.)
SMT.KAVYA VARMA M. M.
RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY THE CHIEF SECRETARY,
GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
2 THE RETURNING OFFICER,
UNIT INSPECTOR, KUMARAKAM,
THE KUMARAKOM SERVICE CO-OPERATIVE BANK LTD. NO.
2298, KUMARAKOM P.O.,
KOTTAYAM DISTRICT, PIN - 686563
3 THE STATE CO-OPERATIVE ELECTION COMMISSION
3RD FLOOR, CO BANK TOWERS, VIKAS BHAVAN P.O.,
THIRUVANANTHAPURAM, REPRESENTED BY ITS
SECRETARY, PIN - 695033
4 KUMARAKOM SERVICE CO-OPERATIVE BANK
LTD. NO. 2298,
KUMARAKOM P.O., KOTTAYAM DISTRICT,
REPRESENTED BY THE SECRETARY, PIN - 686563
BY ADVS.
SRI.C.M.NAZAR, SC
SMT.R.LAKSHMI NARAYAN (SR.)(K/292/1989)
SRI.GOPALAKRISHNA KURUP K., ADVOCATE GENERAL
SRI.N.MANOJ KUMAR, STATE ATTORNEY
SRI.P.P.THAJUDHEEN, SPL. GOVERNMENT PLEADER
SRI.IMAM GRIGORIOUS KARAT, GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 14.08.2024, ALONG WITH WP(C).21368/2024 AND CONNECTED
CASES, THE COURT ON 30.10.2024 DELIVERED THE FOLLOWING:
2024:KER:80385
W.P.(C) No.21368/2024 & connected cases
: 36 :
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
WEDNESDAY, THE 30TH DAY OF OCTOBER 2024/8TH KARTHIKA, 1946
WP(C) NO. 23325 OF 2024
PETITIONERS:
1 P. MOHANACHANDRAN NAIR,
AGED 69 YEARS,
S/O. BALAKRISHNA PILLA, MEMBER,
MANAGING COMMITTEE,
VIJAYAPURAM SERVICE CO-OPERATIVE BANK
LTD. NO. 4066, MANARCAD,
KOTTAYAM DISTRICT-686019,
RESIDING AT PULIPRA HOUSE,
MANARCAD, KOTTAYAM DISTRICT, PIN - 686019
2 SUMA JOSE,
AGED 60 YEARS,
W/O. M.I. JOSE, MEMBER,
MANAGING COMMITTEE,
VIJAYAPURAM SERVICE CO-OPERATIVE BANK LTD. NO.
4066, MANARCAD, KOTTAYAM DISTRICT-686019,
RESIDING AT OOROTTUKALAYIL, MANARCAD,
KOTTAYAM DISTRICT, PIN - 686019
3 K.K. THOMAS,
AGED 64 YEARS,
S/O. K.V. KORAH, MEMBER, MANAGING COMMITTEE,
VIJAYAPURAM SERVICE CO-OPERATIVE BANK LTD. NO.
4066, MANARCAD, KOTTAYAM DISTRICT-686019,
RESIDING AT KUNNEL HOUSE, MANARCAD,
KOTTAYAM DISTRICT, PIN - 686019
4 JOJI C. JOHN,
AGED 56 YEARS,
S/O. C.T. JOHN, MEMBER, MANAGING COMMITTEE,
VIJAYAPURAM SERVICE CO-OPERATIVE BANK LTD. NO.
4066, MANARCAD, KOTTAYAM DISTRICT-686019,
RESIDING AT CHAKKU HOUSE, MANARCAD,
KOTTAYAM DISTRICT, PIN - 686019
2024:KER:80385
W.P.(C) No.21368/2024 & connected cases
: 37 :
BY ADVS.
SMT.NISHA GEORGE
SMT.KAVYA VARMA M. M.
SRI.GEORGE POONTHOTTAM (SR.)
RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY THE CHIEF SECRETARY,
GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
2 THE RETURNING OFFICER,
UNIT INSPECTOR ETTUMANOOR,
THE VIJAYAPURAM SERVICE CO-OPERATIVE BANK LTD.
NO. 4066, MANARCAD,
KOTTAYAM DISTRICT, PIN - 686019
3 THE STATE CO-OPERATIVE ELECTION COMMISSION
3RD FLOOR, CO BANK TOWERS,
VIKAS BHAVAN P.O.,
THIRUVANANTHAPURAM -695033,
REPRESENTED BY ITS SECRETARY,
PIN - 695033
4 THE VIJAYAPURAM SERVICE CO-OPERATIVE BANK LTD.
NO. 4066,
MANARCAD, KOTTAYAM DISTRICT,
REPRESENTED BY ITS SECRETARY, PIN - 686019
BY ADVS.
SRI.C.M.NAZAR, SC
SMT.R.LAKSHMI NARAYAN (SR.)(K/292/1989)
SRI.GOPALAKRISHNA KURUP K., ADVOCATE GENERAL
SRI.N.MANOJ KUMAR, STATE ATTORNEY
SRI.P.P.THAJUDHEEN, SPL. GOVERNMENT PLEADER
SRI.IMAM GRIGORIOUS KARAT, GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 14.08.2024, ALONG WITH WP(C).21368/2024 AND CONNECTED
CASES, THE COURT ON 30.10.2024 DELIVERED THE FOLLOWING:
2024:KER:80385
W.P.(C) No.21368/2024 & connected cases
: 38 :
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
WEDNESDAY, THE 30TH DAY OF OCTOBER 2024/8TH KARTHIKA, 1946
WP(C) NO. 23479 OF 2024
PETITIONER:
RADHAKRISHNAN K. @ AVOLAM RADHAKRISHNAN,
AGED 72 YEARS,
S/O.T.N.NARYANAN,
SREEVALSAM,
CHALAPPURAM,
PERODE P.O.,
THUNERI, KOZHIKODE, PIN - 673504
BY ADV.SRI.SAYED MANSOOR BAFAKHY THANGAL
RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY THE CHIEF SECRETARY,
GOVERNMENT SECRETARIAT,
THIRUVANATHAPURAM, PIN - 695001
2 RETURNING OFFICER,
UNIT INSPECTOR- AZHIYUR,
THE CO-OPERATIVE AGRICULTURAL & RURAL
DEVELOPMENT BANK LTD NO.F 1857,
KAKKATTIL, VADAKARA TALUK,
KOZHIKODE DISTRICT COLLECTOR, PIN - 673507
3 THE STATE CO OPERTIVE ELECTION COMMISSION
3RD FLOOR,
CO BANK TOWERS VIKAS BHAVAN P.O
THIRUVANTHAPURAM, PIN - 695033
REPRESENTED BY ITS SECRETARY.
2024:KER:80385
W.P.(C) No.21368/2024 & connected cases
: 39 :
BY ADVS.
SRI.C.M.NAZAR, SC
SMT.R.LAKSHMI NARAYAN (SR.)(K/292/1989)
SRI.GOPALAKRISHNA KURUP K., ADVOCATE GENERAL
SRI.N.MANOJ KUMAR, STATE ATTORNEY
SRI.P.P.THAJUDHEEN, SPL. GOVERNMENT PLEADER
SRI.IMAM GRIGORIOUS KARAT, GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 14.08.2024, ALONG WITH WP(C).21368/2024 AND
CONNECTED CASES, THE COURT ON 30.10.2024 DELIVERED THE
FOLLOWING:
2024:KER:80385
W.P.(C) No.21368/2024 & connected cases
: 40 :
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
WEDNESDAY, THE 30TH DAY OF OCTOBER 2024/8TH KARTHIKA, 1946
WP(C) NO. 23565 OF 2024
PETITIONERS:
1 ALEX P. GEORGE,
AGED 58 YEARS,
S/O. P.C. GEORGE, MEMBER,
PUTHUPPALLY SERVICE CO-OPERATIVE BANK
LTD.NO.1504, PUTHUPPALLY P.O., KOTTAYAM
DISTRICT, RESIDING AT PULINTHARAKKUNNEL,
PUTHUPPALLY, KOTTAYAM DISTRICT, PIN - 686011
2 VINOD EASSO,
AGED 57 YEARS,
S/O. C.K. EASSO, MEMBER,
PUTHUPPALLY SERVICE CO-OPERATIVE BANK
LTD.NO.1504, PUTHUPPALLY P.O., KOTTAYAM
DISTRICT, RESIDING AT CHOORAMPALLIL,
PUTHUPPALLY,
KOTTAYAM DISTRICT, PIN - 686011
3 MOHANDAS V.A.,
AGED 66 YEARS,
S/O. AYYAPPAN NAIR, MEMBER,
PUTHUPPALLY SERVICE CO-OPERATIVE BANK LTD. NO.
1504, PUTHUPPALLY P.O.,
KOTTAYAM DISTRICT, RESIDING AT
VADAKKETHUPUTHANPURAKKAL,
PUTHUPPALLY, KOTTAYAM DISTRICT,
PIN - 686011
BY ADVS.
SMT.NISHA GEORGE
SMT.KAVYA VARMA M. M.
SRI.GEORGE POONTHOTTAM (SR.)
2024:KER:80385
W.P.(C) No.21368/2024 & connected cases
: 41 :
RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY THE CHIEF SECRETARY,
GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
2 THE RETURNING OFFICER,
OFFICE INSPECTOR,
PUTHUPPALLY SERVICE CO-OPERATIVE BANK
LTD.NO.1504, PUTHUPPALLY P.O.,
KOTTAYAM DISTRICT, PIN - 686011
3 THE STATE CO-OPERATIVE ELECTION COMMISSION,
3RD FLOOR, CO BANK TOWERS, VIKAS BHAVAN P.O.,
THIRUVANANTHAPURAM, REPRESENTED BY ITS
SECRETARY, PIN - 695033
4 THE PUTHUPPALLY SERVICE CO-OPERATIVE
BANK LTD. NO. 1504,
PUTHUPPALLY P.O., KOTTAYAM DISTRICT,
REPRESENTED BY ITS SECRETARY, PIN - 686011
BY ADVS.
SRI.C.M.NAZAR, SC
SMT.R.LAKSHMI NARAYAN (SR.)(K/292/1989)
SRI.GOPALAKRISHNA KURUP K., ADVOCATE GENERAL
SRI.N.MANOJ KUMAR, STATE ATTORNEY
SRI.P.P.THAJUDHEEN, SPL. GOVERNMENT PLEADER
SRI.IMAM GRIGORIOUS KARAT, GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 14.08.2024, ALONG WITH WP(C).21368/2024 AND
CONNECTED CASES, THE COURT ON 30.10.2024 DELIVERED THE
FOLLOWING:
2024:KER:80385
W.P.(C) No.21368/2024 & connected cases
: 42 :
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
WEDNESDAY, THE 30TH DAY OF OCTOBER 2024/8TH KARTHIKA, 1946
WP(C) NO. 23575 OF 2024
PETITIONERS:
1 T.K.MOHANADASA KURUP,
AGED 65 YEARS,
S/O. KARUNAKARAN NAIR, PRESIDENT,
CHAMPAKKARA SERVICE CO-OPERATIVE BANK
LTD.NO.3511, CHAMPAKKARA P.O.,
KARUKACHAL, KOTTAYAM DISTRICT-686540,
RESIDING AT SREESAILAM, CHAMPAKKARA P.O.,
KARUKACHAL, KOTTAYAM DISTRICT, PIN - 686540
2 JOHN P.V.,
AGED 72 YEARS,
MEMBER, BOARD OF DIRECTORS,
CHAMPAKKARA SERVICE CO-OPERATIVE BANK
LTD.NO.3511, CHAMPAKKARA P.O., KARUKACHAL,
KOTTAYAM DISTRICT,
RESIDING AT POOVATHUMMOOTTIL,
KOOTHRAPPALLY P.O., KARUKACHAL,
KOTTAYAM DISTRICT, PIN - 686540
BY ADV.SMT.NISHA GEORGE
RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY THE CHIEF SECRETARY,
GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
2024:KER:80385
W.P.(C) No.21368/2024 & connected cases
: 43 :
2 THE RETURNING OFFICER,
SPECIAL SALE OFFICER, PCARDB,
CHANGANASSERY, ELECTION TO THE CHAMPAKKARA
SERVICE CO-OPERATIVE BANK LTD. NO. 3511,
CHAMPAKKARA P.O., KARUKACHAL,
KOTTAYAM DISTRICT, PIN - 686540
3 THE STATE CO-OPERATIVE ELECTION COMMISSION
3RD FLOOR, CO BANK TOWERS,
VIKAS BHAVAN P.O.,
THIRUVANANTHAPURAM,
REPRESENTED BY ITS SECRETARY, PIN - 695033
BY ADVS.
SRI.C.M.NAZAR, SC
SMT.R.LAKSHMI NARAYAN (SR.)(K/292/1989)
SRI.GOPALAKRISHNA KURUP K., ADVOCATE GENERAL
SRI.N.MANOJ KUMAR, STATE ATTORNEY
SRI.P.P.THAJUDHEEN, SPL. GOVERNMENT PLEADER
SRI.IMAM GRIGORIOUS KARAT, GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 14.08.2024, ALONG WITH WP(C).21368/2024 AND
CONNECTED CASES, THE COURT ON 30.10.2024 DELIVERED THE
FOLLOWING:
2024:KER:80385
W.P.(C) No.21368/2024 & connected cases
: 44 :
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
WEDNESDAY, THE 30TH DAY OF OCTOBER 2024/8TH KARTHIKA, 1946
WP(C) NO. 23598 OF 2024
PETITIONER:
P.GOPALAN,
AGED 79 YEARS,
S/O APPUKUTTAN,
THE PRESIDENT OF THE PUNNAYURKULAM SERVICE CO-
OPERATIVE BANK LTD NO. P 417,
PUNNAYURKULAM P.O.,
THRISSUR, PIN - 679561
BY ADVS.
SRI.C.A.JOJO
SRI.JOSEPH ANU A.A
RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY CHIEF SECRETARY,
SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
2 THE SECRETARY TO GOVERNMENT,
CO-OPERATIVE DEPARTMENT,
T/C 25/357(4) GANDHARI AMMAN KOVIL ROAD,
STATU, 7TH FLOOR, AKSHARAMANDHIRAM,
HEAD POST OFFICE P.O.,
THIRUVANANTHAPURAM, PIN - 695001
3 THE REGISTRAR OF CO-OPERATIVE SOCIETIES,
DEPARTMENT OF CO-OPERATION,
OFFICE OF THE REGISTRAR OF CO-OPERATIVE
SOCIETIES, JAWAHAR SAHAKARANA BHAVAN,
DPI JUNCTION, THYCAUD P.O.,
THIRUVANANTHAPURAM, PIN - 695014
2024:KER:80385
W.P.(C) No.21368/2024 & connected cases
: 45 :
4 THE STATE CO-OPERATIVE ELECTION COMMISSION,
KERALA,
REPRESENTED BY ITS SECRETARY, CO-BANK TOWERS,
PALAYAM, VIKAS BHAVAN P.O.,
THIRUVANANTHAPURAM, PIN - 695033
BY ADVS.
SRI.C.M.NAZAR, SC
SMT.R.LAKSHMI NARAYAN (SR.)(K/292/1989)
SRI.GOPALAKRISHNA KURUP K., ADVOCATE GENERAL
SRI.N.MANOJ KUMAR, STATE ATTORNEY
SRI.P.P.THAJUDHEEN, SPL. GOVERNMENT PLEADER
SRI.IMAM GRIGORIOUS KARAT, GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 14.08.2024, ALONG WITH WP(C).21368/2024 AND
CONNECTED CASES, THE COURT ON 30.10.2024 DELIVERED THE
FOLLOWING:
2024:KER:80385
W.P.(C) No.21368/2024 & connected cases
: 46 :
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
WEDNESDAY, THE 30TH DAY OF OCTOBER 2024/8TH KARTHIKA, 1946
WP(C) NO. 25011 OF 2024
PETITIONERS:
1 MR.P.RAGHU @ NEDUNGOLAM RAGHU,
AGED 64 YEARS,
S/O.P.PRABHAKARAN, PRESIDENT,
PARAVUR S.N.V. REGIONAL COOPERATIVE BANK LTD.
NO.1685,PARAVUR, KOLLAM DISTRICT,
PIN-691 301, RESIDING AT SREEKRISHNA JYOTHI,
KOONAYIL, PARAVUR, KOLLAM, PIN - 691301
2 MR.S.MADHUSUDANAN NAIR,
AGED 74 YEARS,
S/O.N.SANKARA PILLAI, PRESIDENT,
THE KOLLAM CO-OPERATIVE AGRICULTURAL & RURAL
DEVELOPMENT BANK LTD.NO.Q167, KOLLAM-691 001,
RESIDING AT LAKSHMI NIVAS, ARA-14C;
MUNDAKKAL, KOLLAM, PIN - 691001
3 MR.KALLADA VIJAYAN,
AGED 69 YEARS,
S/O.RAMAN PILLAI, AGED 69 YEARS,PRESIDENT,
THE KALLADA RURAL CO-OPERATIVE SOCIETY LTD.
NO.Q1427, KIZHAKKE KALLADA P.O., KOLLAM,
RESIDING AT KOIKKALAZHIKATH, KOYIKKAL MURI,
EAST KALLADA, KOLLAM, PIN - 691502
4 MR.V. OMANAKUTTAN PILLAI,
AGED 72 YEARS,
S/O.K.VASUPILLAI, PRESIDENT, PERINAD LAKSHMI
VILASM VILLAGE SERVICE CO-OPERATIVE BANK LTD.
NO.1841, KANJAVELY P.O., KOLLAM DISTRICT,
RESIDING AT THEKKEDATH KIZHAKKATHIL, NJARACKAL,
PERINAD, KOLLAM, PIN - 691601
2024:KER:80385
W.P.(C) No.21368/2024 & connected cases
: 47 :
BY ADVS.
P.MARTIN JOSE
P.PRIJITH
THOMAS P.KURUVILLA
R.GITHESH
AJAY BEN JOSE
MANJUNATH MENON
SACHIN JACOB AMBAT
HARIKRISHNAN S.
ANNA LINDA EDEN
RESPONDENTS:
1 THE STATE OF KERALA,
REPRESENTED BY LAW SECRETARY LAW (LEGISLATION-H)
DEPARTMENT, GOVERNMENT SECRETARIAT,
TRIVANDRUM, PIN - 695001
2 THE PRINCIPAL SECRETARY,
CO-OPERATIVE DEPARTMENT,
GOVERNMENT SECRETARIAT,
TRIVANDRUM, PIN - 695001
3 THE REGISTRAR OF CO-OPERATIVE SOCIETIES,
JAWAHAR SAHAKARANA BHAVAN DPI JUNCTION,
THYCAUD P.O., THIRUVANANTHAPURAM, PIN - 695014
4 THE STATE CO-OPERATIVE ELECTION COMMISSION,
3RD FLOOR, CO-OPERATIVE BANK TOWERS,
VIKAS BHAVAN P.O., THIRUVANANTHAPURAM,
REPRESENTED BY ITS SECRETARY, PIN - 695033
BY ADVS.
SRI.C.M.NAZAR, SC
SMT.R.LAKSHMI NARAYAN (SR.)(K/292/1989)
SRI.GOPALAKRISHNA KURUP K., ADVOCATE GENERAL
SRI.N.MANOJ KUMAR, STATE ATTORNEY
SRI.P.P.THAJUDHEEN, SPL. GOVERNMENT PLEADER
SRI.IMAM GRIGORIOUS KARAT, GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 14.08.2024, ALONG WITH WP(C).21368/2024 AND
CONNECTED CASES, THE COURT ON 30.10.2024 DELIVERED THE
FOLLOWING:
2024:KER:80385
W.P.(C) No.21368/2024 & connected cases
: 48 :
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
WEDNESDAY, THE 30TH DAY OF OCTOBER 2024/8TH KARTHIKA, 1946
WP(C) NO. 25135 OF 2024
PETITIONER:
TOM T. LUKOSE,
AGED 57 YEARS,
MEMBER,
VAZHAKKULAM SERVICE CO-OPERATIVE BANK
LTD.NO.751, VAZHAKKULAM P.O.,
MUVATTUPUZHA,
ERNAKULAM DISTRICT,
RESIDING AT THANNITTAMACKAL,
MADAKKATHANAM P.O.,
VAZHAKKULAM, MUVATTUPUZHA,
ERNAKULAM DISTRICT, PIN - 686670
BY ADVS.
SMT.NISHA GEORGE
SRI.GEORGE POONTHOTTAM (SR.)
SMT.KAVYA VARMA M. M.
RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY THE CHIEF SECRETARY,
GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
2 THE RETURNING OFFICER,
UNIT INSPECTOR, KOOTHATTUKULAM,
ELECTION TO THE MANAGING COMMITTEE OF
VAZHAKKULAM SERVICE CO-OPERATIVE BANK LTD. NO.
751, VAZHAKKULAM P.O., MUVATTUPUZHA,
ERNAKULAM DISTRICT, PIN - 686670
2024:KER:80385
W.P.(C) No.21368/2024 & connected cases
: 49 :
3 THE STATE CO-OPERATIVE ELECTION COMMISSION
3RD FLOOR, CO BANK TOWERS, VIKAS BHAVAN P.O.,
THIRUVANANTHAPURAM,
REPRESENTED BY ITS SECRETARY,
PIN - 695033
BY ADVS.
SRI.C.M.NAZAR, SC
SMT.R.LAKSHMI NARAYAN (SR.)(K/292/1989)
SRI.GOPALAKRISHNA KURUP K., ADVOCATE GENERAL
SRI.N.MANOJ KUMAR, STATE ATTORNEY
SRI.P.P.THAJUDHEEN, SPL. GOVERNMENT PLEADER
SRI.IMAM GRIGORIOUS KARAT, GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 14.08.2024, ALONG WITH WP(C).21368/2024 AND
CONNECTED CASES, THE COURT ON 30.10.2024 DELIVERED THE
FOLLOWING:
2024:KER:80385
W.P.(C) No.21368/2024 & connected cases
: 50 :
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
WEDNESDAY, THE 30TH DAY OF OCTOBER 2024/8TH KARTHIKA, 1946
WP(C) NO. 25821 OF 2024
PETITIONER:
UZHAMALACKAL BABU,
AGED 62 YEARS,
S/O KUMARAPILLAI,
PREETHEEKSHA, THEKKUMKARA,
NEDUMANGAD, PRESIDENT,
UZHAMALACKAL HOUSING CO-OPERATIVE SOCIETY
LTD.NO.T.1215, CHARUMMOODU,
PUTHUKULANGARA.P.O., NEDUMANGAD,
THIRUVANANTHAPURAM., PIN - 695542
BY ADVS.
SMT.B.S.SWATHI KUMAR
SRI.HARISANKAR N UNNI
SMT.ANITHA RAVINDRAN
SMT.K.MINI MOLE (M-1356)
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY THE CHIEF SECRETARY,
GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
2 STATE CO-OPERATIVE ELECTION COMMISSION
3RD FLOOR, CO-BANK TOWERS, VIKAS
BHAVAN.P.O.,THIRUVANANTHAPURAM,
REPRESENTED BY ITS SECRETARY,
PIN - 695033
2024:KER:80385
W.P.(C) No.21368/2024 & connected cases
: 51 :
3 THE RETURNING OFFICER/UNIT INSPECTOR
UZHAMALACKAL,OFFICE OF THE ASSISTANT REGISTRAR
OF CO-OPERATIVE SOCIETIES (G), NEDUMANGAD,
ELECTION TO THE MANAGING COMMITTEE OF THE
UZHAMALACKAL HOUSING CO-OPERATIVESOCIETY
LTD.NO.T.1215, CHARUMMOODU, PUTHUKULANGARA.P.O.,
NEDUMANGAD, THIRUVANANTHAPURAM., PIN - 695542
BY ADVS.
SRI.C.M.NAZAR, SC
SMT.R.LAKSHMI NARAYAN (SR.)(K/292/1989)
SRI.GOPALAKRISHNA KURUP K., ADVOCATE GENERAL
SRI.N.MANOJ KUMAR, STATE ATTORNEY
SRI.P.P.THAJUDHEEN, SPL. GOVERNMENT PLEADER
SRI.IMAM GRIGORIOUS KARAT, GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 14.08.2024, ALONG WITH WP(C).21368/2024 AND CONNECTED
CASES, THE COURT ON 30.10.2024 DELIVERED THE FOLLOWING:
2024:KER:80385
W.P.(C) No.21368/2024 & connected cases
: 52 :
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
WEDNESDAY, THE 30TH DAY OF OCTOBER 2024/8TH KARTHIKA, 1946
WP(C) NO. 25896 OF 2024
PETITIONER:
JAYARAJ S.B.,
AGED 55 YEARS,
S/O. BHASKARAN NAIR,
SREENILAYAM,
WEST VELIYATH NADU P.O,
ALUVA, ERNAKULAM, PIN - 683511
BY ADVS.
SRI.M.K.SUMOD
SMT.VIDYA M.K.
SMT.THUSHARA.K
SMT.DELITA TITUS
SMT.NAMITHA GEORGE
RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY THE CHIEF SECRETARY,
GOVERNMENT OF KERALA,
SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
2 THE STATE CO- OPERATIVE ELECTION COMMISSION,
THIRD FLOOR, CO-OPERATIVE BANK TOWERS,
VIKAS BHAVAN P.O,
THIRUVANANTHAPURAM,
REPRESENTED BY ITS SECRETARY,
PIN - 695033
2024:KER:80385
W.P.(C) No.21368/2024 & connected cases
: 53 :
BY ADVS.
SRI.C.M.NAZAR, SC
SMT.R.LAKSHMI NARAYAN (SR.)(K/292/1989)
SRI.GOPALAKRISHNA KURUP K., ADVOCATE GENERAL
SRI.N.MANOJ KUMAR, STATE ATTORNEY
SRI.P.P.THAJUDHEEN, SPL. GOVERNMENT PLEADER
SRI.IMAM GRIGORIOUS KARAT, GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 14.08.2024, ALONG WITH WP(C).21368/2024 AND CONNECTED
CASES, THE COURT ON 30.10.2024 DELIVERED THE FOLLOWING:
2024:KER:80385
W.P.(C) No.21368/2024 & connected cases
: 54 :
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
WEDNESDAY, THE 30TH DAY OF OCTOBER 2024/8TH KARTHIKA, 1946
WP(C) NO. 26270 OF 2024
PETITIONERS:
1 A.SASISEKHARAN NAIR,
AGED 67 YEARS,
(MEMBER NO.3164),
CHARUVILA PUTHEN VEEDU,
PRASANTH BHAVAN, CHOWARA,
CHOWARA P.O., THIRUVANANTHAPURAM,
PRESIDENT, KOTTUKAL SERVICE CO-OPERATIVE BANK
LTD. NO.T 196, HEAD OFFICE,
PUNNAKULAM, KOTTUKAL P.O.,
THIRUVANANTHAPURAM, PIN - 695501
2 R.MANIKANTAN NAIR,
AGED 68 YEARS,
(MEMBER NO.4327), VAISAKHAM,
CHAPPATH, KOTTUKAL P.O.,
THIRUVANANTHAPURAM, MEMBER,
BOARD OF DIRECTORS, KOTTUKAL SERVICE CO-
OPERATIVE BANK LTD. NO.T 196,
HEAD OFFICE, PUNNAKULAM, KOTTUKAL P.O.,
THIRUVANANTHAPURAM, PIN - 695501
3 SARALA KUMARI D.,
AGED 68 YEARS,
(MEMBER NO.5158),
KUMARI SADANAM, PAYATTUVILA,
PAYATTUVILA P.O., THIRUVANANTHAPURAM,
MEMBER, BOARD OF DIRECTORS,
KOTTUKAL SERVICE CO-OPERATIVE BANK LTD. NO.T
196, HEAD OFFICE, PUNNAKULAM,
KOTTUKAL P.O.,
THIRUVANANTHAPURAM, PIN - 695501
2024:KER:80385
W.P.(C) No.21368/2024 & connected cases
: 55 :
4 SREEKUMAR K.,
AGED 61 YEARS
(MEMBER NO.5077),
VIJAYALEKSHMI VILASOM,
VELENTEVILA, KOTTUKAL, KOTTUKAL P.O.,
THIRUVANANTHAPURAM, MEMBER,
BOARD OF DIRECTORS, KOTTUKAL SERVICE CO-
OPERATIVE BANK LTD. NO.T 196,
HEAD OFFICE, PUNNAKULAM, KOTTUKAL P.O.,
THIRUVANANTHAPURAM, PIN - 695501
5 SURESH KUMAR M.R.,
AGED 59 YEARS,
(MEMBER NO.5685), ROHINI NIVAS,
VENGAMPOTTA, KAZHIVOOR P.O.,
THIRUVANANTHAPURAM, MEMBER,
BOARD OF DIRECTORS, KOTTUKAL SERVICE
CO-OPERATIVE BANK LTD. NO.T 196,
HEAD OFFICE, PUNNAKULAM, KOTTUKAL P.O.,
THIRUVANANTHAPURAM, PIN - 695526
6 AMBIKA V.,
AGED 62 YEARS,
(MEMBER NO.2754), VAZHAVILA VEEDU,
CHAPPATH, KOTTUKAL P.O.,
THIRUVANANTHAPURAM, MEMBER,
BOARD OF DIRECTORS, KOTTUKAL SERVICE
CO-OPERATIVE BANK LTD. NO.T 196,
HEAD OFFICE, PUNNAKULAM, KOTTUKAL P.O.,
THIRUVANANTHAPURAM, PIN - 695501
BY ADVS.
SRI.S.P.ARAVINDAKSHAN PILLAY
SMT.N.SANTHA
SRI.V.VARGHESE
SRI.PETER JOSE CHRISTO
SRI.S.A.ANAND
RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY THE CHIEF SECRETARY TO
GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
2024:KER:80385
W.P.(C) No.21368/2024 & connected cases
: 56 :
2 REGISTRAR OF CO-OPERATIVE SOCIETIES,
OFFICE OF THE REGISTRAR OF CO-OPERATIVE
SOCIETIES, JAWAHAR SAHAKARANA BHAVAN,
DPI JUNCTION, THYCAUD P.O.,
THIRUVANANTHAPURAM, PIN - 695014
BY ADVS.
SRI.C.M.NAZAR, SC
SMT.R.LAKSHMI NARAYAN (SR.)(K/292/1989)
SRI.GOPALAKRISHNA KURUP K., ADVOCATE GENERAL
SRI.N.MANOJ KUMAR, STATE ATTORNEY
SRI.P.P.THAJUDHEEN, SPL. GOVERNMENT PLEADER
SRI.IMAM GRIGORIOUS KARAT, GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 14.08.2024, ALONG WITH WP(C).21368/2024 AND CONNECTED
CASES, THE COURT ON 30.10.2024 DELIVERED THE FOLLOWING:
2024:KER:80385
W.P.(C) No.21368/2024 & connected cases
: 57 :
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
WEDNESDAY, THE 30TH DAY OF OCTOBER 2024/8TH KARTHIKA, 1946
WP(C) NO. 26409 OF 2024
PETITIONERS:
1 PUDUKKAD SERVICE COOPERATIVE BANK LTD NO.580,
REPRESENTED BY ITS PRESIDENT,
RAJU T.S. PUDUKKAD, THRISSUR, PIN - 680301
2 THE BOARD OF DIRECTORS,
REPRESENTED BY ITS PRESIDENT PUDUKKAD SERVICE
COOPERATIVE BANK LTD NO. 580,
PUDUKKAD, THRISSUR, PIN - 680301
BY ADVS.
SRI.MANU GOVIND
SRI.A.JAYASANKAR
RESPONDENTS:
STATE OF KERALA,
REPRESENTED BY ITS SECRETARY,
GOVERNMENT SECRETARIAT,
CO-OPERATION DEPARTMENT,
THIRUVANANTHAPURAM, PIN - 695001
SRI.C.M.NAZAR, SC
SRI.GOPALAKRISHNA KURUP K., ADVOCATE GENERAL
SRI.N.MANOJ KUMAR, STATE ATTORNEY
SRI.P.P.THAJUDHEEN, SPL. GOVERNMENT PLEADER
SRI.IMAM GRIGORIOUS KARAT, GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 14.08.2024, ALONG WITH WP(C).21368/2024 AND CONNECTED
CASES, THE COURT ON 30.10.2024 DELIVERED THE FOLLOWING:
2024:KER:80385
W.P.(C) No.21368/2024 & connected cases
: 58 :
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
WEDNESDAY, THE 30TH DAY OF OCTOBER 2024/8TH KARTHIKA, 1946
WP(C) NO. 28043 OF 2024
PETITIONER:
N.K. JOSEPH,
AGED 75 YEARS,
S/O. LATE KOCHU MATHEW,
PRESIDENT,
KALLETTUMKARA SERVICE CO-OPERATIVE BANK LTD
NO.141, CHALAKUDY TALUK,
KALLETTUMKARA P.O., THRISSUR,
RESIDING AT NEREPARAMBIL HOUSE,
VALLAKUNNU P.O. KALLETTUMKARA,
THRISSUR DISTRICT, PIN - 680683
BY ADVS.
SMT.NISHA GEORGE
SRI.GEORGE POONTHOTTAM (SR.)
SMT.KAVYA VARMA M. M.
SRI.ANSHIN K.K
RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY THE CHIEF SECRETARY,
GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
2 STATE OF KERALA,
REPRESENTED BY THE SECRETARY TO GOVERNMENT,
DEPARTMENT OF CO-OPERATION,
GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
2024:KER:80385
W.P.(C) No.21368/2024 & connected cases
: 59 :
3 THE REGISTRAR OF CO-OPERATIVE SOCIETIES,
OFFICE OF THE REGISTRAR OF CO-OPERATIVE
SOCIETIES, JAWAHAR SAHAKARANA BHAVAN,
DPI JUNCTION, THYCAUD P.O.,
THIRUVANANTHAPURAM, PIN - 695014
BY ADVS.
SRI.C.M.NAZAR, SC
SMT.R.LAKSHMI NARAYAN (SR.)(K/292/1989)
SRI.GOPALAKRISHNA KURUP K., ADVOCATE GENERAL
SRI.N.MANOJ KUMAR, STATE ATTORNEY
SRI.P.P.THAJUDHEEN, SPL. GOVERNMENT PLEADER
SRI.IMAM GRIGORIOUS KARAT, GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 14.08.2024, ALONG WITH WP(C).21368/2024 AND
CONNECTED CASES, THE COURT ON 30.10.2024 DELIVERED THE
FOLLOWING:
2024:KER:80385
W.P.(C) No.21368/2024 & connected cases
: 60 :
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
WEDNESDAY, THE 30TH DAY OF OCTOBER 2024/8TH KARTHIKA, 1946
WP(C) NO. 29045 OF 2024
PETITIONER:
PRESIDENT,
THE VENNOOR SERVICE CO-OPERATIVE BANK LTD.
NO.675, MELADOOR P.O,
THRISSUR DISTRICT, PIN-680741,
PRASAD M.B, AGED 62 YEARS,
S/O BALAMENON,
MENOKIL HOUSE,
MELADOOR P.O.,
THRISSUR, PIN - 680741
BY ADVS.
SRI.C.A.JOJO
SRI.JOSEPH ANU A.A.
RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY CHIEF SECRETARY,
SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
2 THE SECRETARY TO GOVERNMENT,
CO-OPERATIVE DEPARTMENT,
T/C 25/357(4)
GANDHARI AMMAN KOVIL ROAD,
STATU, 7TH FLOOR,
AKSHARAMANDHIRAM,
HEAD POST OFFICE P.O.,
THIRUVANANTHAPURAM,
PIN - 695001
2024:KER:80385
W.P.(C) No.21368/2024 & connected cases
: 61 :
3 THE REGISTRAR OF CO-OPERATIVE SOCIETIES,
DEPARTMENT OF CO-OPERATION,
OFFICE OF THE REGISTRAR OF CO-OPERATIVE
SOCIETIES, JAWAHAR SAHAKARANA BHAVAN,
DPI JUNCTION, THYCAUD P.O.,
THIRUVANANTHAPURAM, PIN - 695014
BY ADVS.
SRI.C.M.NAZAR, SC
SMT.R.LAKSHMI NARAYAN (SR.)(K/292/1989)
SRI.GOPALAKRISHNA KURUP K., ADVOCATE GENERAL
SRI.N.MANOJ KUMAR, STATE ATTORNEY
SRI.P.P.THAJUDHEEN, SPL. GOVERNMENT PLEADER
SRI.IMAM GRIGORIOUS KARAT, GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 14.08.2024, ALONG WITH WP(C).21368/2024 AND
CONNECTED CASES, THE COURT ON 30.10.2024 DELIVERED THE
FOLLOWING:
2024:KER:80385
W.P.(C) No.21368/2024 & connected cases
: 62 :
CR
N. NAGARESH, J.
`````````````````````````````````````````````````````````````
W.P.(C) Nos.21368, 21464, 21531, 21582, 21629,
21697, 21796, 22180, 22342, 22428, 22638, 22645,
22656, 22692, 22740, 23203, 23252, 23325, 23479,
23565, 23575, 23598, 25011, 25135, 25821, 25896,
26270, 26409, 28043 and 29045 of 2024
`````````````````````````````````````````````````````````````
Dated this the 30th day of October, 2024
JUDGMENT
~~~~~~~~~
The State Legislature enacted the Kerala
Co-operative Societies (Amendment) Act, 2023 (Act 9 of 2024)
in order to amend the Kerala Co-operative Societies Act,
1969. The amendments brought about by the Act 9 of 2024
touched various aspects of co-operative institutions including
2024:KER:80385
W.P.(C) No.21368/2024 & connected cases
: 63 :
share capital contributions, financial status, partnership of
Co-operative Societies, reservation of seats and eligibility for
election to the Managing Committee, appointment of
Administrative Committee, maintenance of accounts, adoption
of common accounting software, constitution of a Co-operative
Revival Fund Scheme, sanction of loans and advances,
valuation of property, purchase of movable and immovable
properties by the Societies, power of Government or Registrar
to deal with irregularities and a number of other aspects which
are important in the administration and governance of Co-
operative Societies in Kerala. The petitioners are aggrieved by
certain amendments thus effected as per the Act 9 of 2024.
2. The petitioners in these writ petitions are mostly
office bearers of Managing Committees of various Co-
operative Societies and members of such Societies.
3. The petitioners state that governmental interference
in the day-to-day working of the Co-operative Societies is not
desirable as Co-operative Societies are essentially
2024:KER:80385
W.P.(C) No.21368/2024 & connected cases
: 64 :
associations of persons, though regulated by statutory
provisions. The administration of a Co-operative Society is
controlled by elected members of the Board of the Society. By
97th Amendment Act, 2011 Part IXB was inserted in the
Constitution of India. The said amendment was intended to
strengthen the co-operative sector across India. The
Constitutional amendment was intended to ensure democratic
functioning and autonomy of the Co-operative Societies.
4. The petitioners allege that by the Amendment Act 9
of 2024, the State is making an attempt to grab the control of
the Co-operative Societies. The provisions contained in the
Act 9 of 2024 demonstrate the savage thirst of the State for
power, to control and dominate Co-operative Societies.
Co-operative institutions are basic fundamental institutions
where grassroot level democratic concepts are practised. By
amending the Kerala Co-operative Societies Act, 1969 as per
Act 9 of 2024, the State is undermining the co-operative
principles and democratic governance of the Co-operative
2024:KER:80385
W.P.(C) No.21368/2024 & connected cases
: 65 :
institutions in Kerala.
5. Referring to the newly enacted Section 14AA, which
directs that the share capital contribution or financial
assistance to a subsidiary institution shall be met only from the
balance net profit of the Society, the petitioners point out that
by Section 14AA, an endeavour is made by the Government to
control the administration of the Society, which goes against
the very concept of autonomy of Co-operative Societies.
6. The addition of sub-section (2A) to Section 28
mandates that no member of the Committee of a Society shall
be eligible for election to the Committee for more than three
consecutive terms, irrespective of whether the term is in full or
in part. The petitioners would argue that such restraint is
highly arbitrary and unconstitutional as election to the
Managing Committee of a Society is an expression of the will
of the Members. Restriction on a Member to be elected as a
Member of the Managing Committee, is highly unreasonable
and discriminatory.
2024:KER:80385
W.P.(C) No.21368/2024 & connected cases
: 66 :
7. The petitioners in all these writ petitions are in
unison in challenging Section 28(2A). The petitioners point out
that in a democratic election, candidates are elected based on
acceptance by voters. Preventing members from contesting
elections for more than three consecutive terms would amount
to intrusive interference in the democratic functioning of the
Co-operatives.
8. The petitioners pointed out that the said restraint in
contesting in elections are confined to the Credit Societies as
defined in the Explanation provided under sub-section (2A).
There is no such restraint as far as other Co-operative
Societies are concerned. Evidently, Members of certain
Societies are discriminated in the matter of election to the
Managing Committee. The objective behind the amendment
does not appear to be aimed at improving the functioning of
Societies.
9. The counsel for the petitioners, relying on the
judgment of the Apex Court in Andhra Pradesh Dairy
2024:KER:80385
W.P.(C) No.21368/2024 & connected cases
: 67 :
Development Corporation Federation v. B. Narasimha
Reddy and others [(2011) 9 SCC 286], argued that from the
stand point of structure and basic co-operative principles, all
co-operative societies, are alike. The impugned provisions are
arbitrary and violative of Article 14 as credit societies are
treated differently. The amendment obstruct and frustrate the
object of the development and growth of vibrant co-operative
societies in the State. In the judgment in Association for
Democratic Reforms and another (Electoral Bond
Scheme) v. Union of India and others [(2024) 5 SCC 1] the
Apex Court reiterated the standard of “manifest arbitrariness”.
The Apex Court held that a provision lacks an “adequate
determining principle” if the purpose is not in consonance with
constitutional values. In applying this standard, courts must
make a distinction between the “ostensible purpose”, that is,
the purpose which is claimed by the State and the “real
purpose”, the purpose identified by courts based on the
available material. A provision can be manifestly arbitrary
2024:KER:80385
W.P.(C) No.21368/2024 & connected cases
: 68 :
even if the provision does not make a classification.
10. The counsel for the petitioners pointed out that in
the judgment in Pankajaksy and others v. George Mathew
and others [1987 (2) KLT 723], this Court has held that a
legislation can be questioned on the ground that it is
unreasonable, unreasonable not in the sense of not being
reasonable, but in the sense that it is manifestly arbitrary.
11. By amending Section 32 of the Kerala Co-operative
Societies Act, 1969, the Administrative Committees are now
empowered to enrol Members to the Society. The amendment
would empower the State to alter the composition of the
Societies at the whims and fancies of the State. It goes
against the fundamentals of Co-operative principles.
12. The petitioners submit that Section 34A has been
inserted in the Kerala Co-operative Societies Act and Section
34A mandates that all Co-operative Societies shall prepare
and keep the Books of Accounts and Financial Statements in
the form in the generally accepted accounting principle for
2024:KER:80385
W.P.(C) No.21368/2024 & connected cases
: 69 :
preparing Profit and Loss Account and Balance Sheet.
Section 34A is a direct intervention by the Government into the
working of a Primary Society.
13. Clause (d) has been inserted in Section 56A which
requires the Societies to credit 5% of net profit to the
Professional Education Fund maintained by the Registrar. The
Society or depositors have no control or say in the
administration of Professional Education Fund Scheme. It
compels the Societies to invest 5% of net profit in a Fund over
which the Society has no control and the depositor or investor
Society has no guarantee of withdrawal as and when required.
14. Some of the petitioners challenge insertion of new
Section 57E which enables the Government to create a Co-
operative Revival Fund Scheme. The petitioners state that
Section 57E is an excessive delegation. Section 57E would
eventually result in liquidation of all Co-operative Societies
which are running now on profit.
2024:KER:80385
W.P.(C) No.21368/2024 & connected cases
: 70 :
15. The petitioners submit that it is essential to organise
the Co-operative Societies in accordance with Co-operative
principles as self governing democratic institutions, to achieve
the objects of equity, social justice and economic development,
as envisaged in the Directive Principles of State Policy of the
Constitution of India. But, the Act 9 of 2024 explicitly makes
an attempt to convert Co-operative Societies into Government
Department, which is opposed to the Co-operative principles,
as the Government is not expected to meddle with the day-to-
day administration of Co-operative Societies.
16. By Section 34A, all Co-operative Societies are
directed to prepare and keep the Books of Accounts and
Financial Statements in a particular form. Sub-section (3) to
Section 34A provides that a Technical Cell with professional
and technical team as prescribed shall be established in the
office of the Registrar, in consultation with the Government, to
inspect the security, reliability, data protection and other
aspects connected with software and hardware. The said
2024:KER:80385
W.P.(C) No.21368/2024 & connected cases
: 71 :
Section 34A(3) amounts to taking over financial control of the
Society by the Registrar. The said provision takes away
freedom of Societies. The financial autonomy of the Societies
will be undermined by Section 34A(3), which in turn would
result in total destruction of co-operative movement in Kerala.
17. As regards amendments to Sections 32 and 33, the
counsel for the petitioners pointed out that a right is now
conferred on the State appointed Administrator to give
membership to anyone in the Co-operative Society. It goes
against the law laid down by this Court in various judgments.
The counsel for the petitioners relied on the judgment of the
Hon’ble Apex Court in T.K. Porinchu v. Joint Registrar of
Co-operative Societies (General) and others [2004 (1) KLT
281] to urge that an interim administrator appointed under
Section 33 of the Act has no power to enrol new members. As
per Section 27 of the Kerala Co-operative Societies Act, the
final authority of a Society shall vest in the General body of the
Members. Therefore, grant of membership by an
2024:KER:80385
W.P.(C) No.21368/2024 & connected cases
: 72 :
Administrator or Administrative Committees is obviously a
wanton obtrusion into the autonomy of the Co-operative
Societies.
18. The counsel for the petitioners, relying on the
judgment of the Apex Court in Thalappalam Service Co-
operative Bank Limited and others v. State of Kerala and
others [(2013) 16 SCC 82], urged that Section 27 of the
Kerala Co-operative Societies Act, 1969 categorically states
that the final authority of a Society vests in the General body of
its members and every Society is managed by the Managing
Committee constituted in terms of the bye-laws as provided
under Section 28 of the Kerala Co-operative Societies Act.
The final authority is the General body and not the Registrar of
Co-operative Societies or State Government. The Societies
are, of course, subject to the control of the statutory authorities
like Registrar, Joint Registrar, the Government, etc. but it
cannot be said that the State exercises any direct or indirect
control over the affairs of the Society which is deep and all
2024:KER:80385
W.P.(C) No.21368/2024 & connected cases
: 73 :
pervasive.
19. The counsel for the petitioners relying on a Division
Bench judgment of this Court in Hari Hara Krishnan v. State
of Kerala [2014 (4) KLT 576] argued that the validity of an
enactment can be challenged on two grounds; viz., (1) lack of
legislative competence and (2) violation of any of the
fundamental rights guaranteed in Part III of the Constitution or
of any other constitutional provision. In State of A.P. and
others v. McDowell and Co. and others [(1996) 3 SCC 709],
the Apex Court has opined that except of the above two
grounds there is no third ground on the basis of which the law
made by the competent legislature can be invalidated and that
grounds of invalidation must necessarily fall within the four
corners of the afore mentioned two grounds. If an enactment
is challenged as violative of Article 14, it can be struck down if
it is found that it is violative of the equality clause / equal
protection clause enshrined therein.
2024:KER:80385
W.P.(C) No.21368/2024 & connected cases
: 74 :
20. The counsel for the petitioners cited the judgment of
the Apex Court in Indian Aluminium Co. and others v. State
of Kerala and others [(1996) 7 SCC 637] and pointed out that
the legislature cannot indirectly overrule the decision of this
Court or make a direction as not binding on it but has power to
make the decision ineffectively by removing the base on which
the decision was rendered, consistent with the law of the
Constitution and the legislature must have competence to do
the same.
21. Advocate General appeared on behalf of the State
and advanced arguments justifying the amendments brought
about as per Act 9 of 2024. On behalf of the respondents, it is
urged that the Co-operative sector in Kerala is facing great
challenges and the amendments are intended to protect the
interest of Co-operatives and to strengthen the Co-operative
movement in general in Kerala. None of the provisions in the
Amendment Act are illegal or unconstitutional. There were
various provisions regulating the functioning of Societies even
2024:KER:80385
W.P.(C) No.21368/2024 & connected cases
: 75 :
before the amendment.
22. The learned Advocate General relied on the
judgment of this Court in Abdurahiman P. and others v. State
of Kerala and others [2020 (4) KLT 763]. In the said
judgment, this Court held that Article 19(1)(c) and Article 19(1)
(g) of the Constitution recognise rights of citizens to form
associations and to practice any trade or business but that
does not carry within itself a right to form a society. One has to
distinguish the fundamental right available and recognised
under Article 19 from the nature of the activity that could be
carried out by such citizen.
23. Relying on the judgment of the Hon’ble Apex Court
in Bhandara District Central Co-operative Bank Limited
and others v. State of Maharashtra and another [(1993)
Suppl 3 SCC 259], the learned Advocate General submitted
that there is no restriction on the formation of any association
or union. The co-operative societies are free to proceed as
they wish without being subjected to any conditions placed
2024:KER:80385
W.P.(C) No.21368/2024 & connected cases
: 76 :
by the Kerala Co-operative Societies Act. The impugned
provisions are attracted only in such cases where the societies
are desirous of being registered under the Act, 1969 with a
view to take advantage of the provisions thereunder.
24. The Advocate General submitted that classification
of Credit Societies for the purpose of Section 28(2A) is amply
justified since Credit Societies are taking deposits and lending
money to its members. Continued occupation in responsible
positions by Managing Committee Members for long duration,
may result in the Managing Committee members diluting the
conditions for sanctioning of advances etc. Many Co-operative
Societies are facing financial crisis in Kerala now due to
maladministration. In the circumstances, the legislature felt it
necessary to ensure that the Managing Committee of Societies
should consist of persons who have not developed vested
interest by holding positions in the Managing Committee for
long years. Relying on the judgment of the Hon’ble Apex
Court in the judgment in Zile Singh v. State of Haryana and
2024:KER:80385
W.P.(C) No.21368/2024 & connected cases
: 77 :
others [(2004) 8 SCC 1] and D.K. Yadav v. J.M.A. Industries
Limited [(1993) 3 SCC 259], the Advocate General asserted
that there is no retrospective operation of Section 28(2A)
which would render the provision unconstitutional.
25. The learned Advocate General cited the judgment of
the Apex Court in Zile Singh (supra) and urged that the right
to contest an election is neither a fundamental right nor a
common law right. It is a right conferred by statute. The
statute which confers the right to contest an election can also
provide for the necessary qualifications and disqualifications
for holding an elective office. Merely because a
disqualification is imposed by reference to certain facts which
are referable to a date prior to the enactment of
disqualification, the Act does not become retrospective in
operation.
26. The learned Advocate General argued that in order
to sustain the presumption of constitutionality, the court may
take into consideration matters of common knowledge, matters
2024:KER:80385
W.P.(C) No.21368/2024 & connected cases
: 78 :
of common report, the history of the times and may assume
every state of facts which can be conceived existing at the
time of legislation. The Advocate General relied on the
judgment of the Apex Court in Shri Ram Krishna Dalmia v.
Shri Justice S.R. Tendolkar and others [AIR 1958 SC 538],
to support his arguments.
27. The Advocate General also relied on the judgment
of the Apex Court in Javed and others v. State of Haryana
and others [(2003) 8 SCC 369] to contend that the right to
contest an election for any office is neither fundamental nor a
common law right.
28. The petitioners are challenging Section 32(2)(ii) and
Section 32(4)(ii) based on the judgment in Joint Registrar of
Co-operative Societies v. T.A. Kuttappan and others [2000
KHC 389]. The Hon’ble Apex Court has held that this will not
give power to the Administrator to enrol members. Therefore,
the provisions in the Amendment Act are within the legislative
competence. As regards the challenge to Section 34A relating
2024:KER:80385
W.P.(C) No.21368/2024 & connected cases
: 79 :
to common software for maintenance of accounts, the
Advocate General submitted that data sharing is not expected
and therefore there is no question of violation of privacy rights.
Furthermore, whether a Co-operative Society has a right to
privacy is a moot question, contended the Advocate General.
29. The Advocate General justified the compulsory
contribution to the Professional Education Fund. It is pointed
out that education is a co-operative principle. There is already
a provision for constitution of Co-operative Education Fund by
the Registrar and introduction of sub-section (1)(d) to Section
56 is intended to advance co-operative principles. The
Advocate General refuted the allegation of the petitioners that
the Act 9 of 2024 is a Money Bill which requires assent of the
President of India. Article 254 of the Constitution of India
provides that if any provision of law made by a State
Legislature is repugnant to any provision of a law made by
Parliament, which Parliament is competent to enact, or to any
provision of an existing law with respect to one of the matters
2024:KER:80385
W.P.(C) No.21368/2024 & connected cases
: 80 :
enumerated in the Concurrent List, then subject to the
provisions of Clause (2), the law made by Parliament, whether
passed before or after the law made by the State Legislature
shall prevail and the law made by the State Legislature to the
extent of repugnancy, shall be void. The Advocate General
submitted that the Act 9 of 2024 will not fall within the definition
of “Money Bill”. The Advocate General relied on the judgment
of the Hon’ble Apex Court in Mohd. Saeed Siddiqui v. State
of U.P. and others [(2014) 11 SCC 415] and Yogendra
Kumar Jaiswal and others v. State of Bihar and others
[(2016) 3 SCC 183].
30. I have heard the learned counsel for the petitioners
and the learned Senior Counsel appearing at the instance of
the petitioners in the writ petitions. I have also heard the
learned Advocate General representing the State and the
learned Standing Counsel representing the State Co-operative
Election Commission.
2024:KER:80385
W.P.(C) No.21368/2024 & connected cases
: 81 :
31. Challenge to Section 14AA (2A) to (2E)
Section 14AA was introduced in the Kerala Co-
operative Societies Act, 1969 with effect from 08.01.2019.
Section 14AA provided provisions for promotion of subsidiary
institutions for the economic welfare of members. Section
14AA enabled Co-operative Societies to promote one or more
subsidiary institutions for the furtherance of stated objects of
the Society, with the prior approval of Registrar. The Co-
operative Societies were granted statutory right to form
subsidiary institutions with the prior approval of the Registrar.
Sub-sections (2A) to (2E) added to Section 14AA now as per
the Act 9 of 2024 read as follows:
(2A) The share capital contribution or financial
assistance to the subsidiary institution shall be met
from the balance net profit of the society, as provided
under sub-section (2) of section 56 and any further
investment in subsidiary institutions from the
society/bank other than share capital shall be
released as loan as per the norms as may be
specified by the Registrar.
(2B) Any society/bank which had availed any
financial assistance from Government, shall include
nominees of Government of Kerala in the board of
directors of the subsidiary institutions, as may be
prescribed.
2024:KER:80385
W.P.(C) No.21368/2024 & connected cases
: 82 :
(2C) The Registrar shall conduct audit, inspection
and verification of records in the subsidiary
institutions, as may be prescribed.
(2D) Any share capital contribution or financial
assistance to the subsidiary institutions from the
society/bank shall be allotted with the prior approval
of the Registrar based on the resolution passed by
the general body of the society/bank concerned.
(2E) Transferring funds or leasing of assets of the
society to its subsidiary institutions shall be made with
the prior approval of the Government based on the
resolution passed by the general body of the
society/bank.
32. The amendments made by the Act 9 of 2024
provide that the share capital contribution or financial
assistance to the subsidiary institutions shall be met from the
balance net profit of the Society and that any further
investment in subsidiary institutions from the Society/Bank
other than share capital shall be released as loans as per the
norms as may be specified by the Registrar. Sub-section (2B)
provides that any Society which had availed financial
assistance from Government, shall include nominees of
Government of Kerala in the Board of Directors of the
subsidiary institutions as may be prescribed. The Registrar
2024:KER:80385
W.P.(C) No.21368/2024 & connected cases
: 83 :
has been granted power to conduct audit, inspection and
verification of records in the subsidiary institutions, as per sub-
section (2C). As per sub-section (2D), any share capital
contribution or financial assistance to the subsidiary institutions
can be made only with the prior approval of the Registrar and
based on the resolution passed by the General body of the
Society. Transferring funds or leasing of assets of a Society to
its subsidiary institutions can be made only with the prior
approval of the Government and based on the resolution
passed by the General body, in view of sub-section (2E).
33. Co-operative Societies are formed for the benefit of
its members through economic co-operation. Such Societies
are formed with specific aims and objectives laid down in the
bye-laws of the Society. Running commercial ventures even
though it is intended to achieve objects of the Society, may
result in burdening the Society with unwarranted debt
liabilities. Therefore, regulation of investments by a Co-
operative Society in subsidiary institutions would be only in the
2024:KER:80385
W.P.(C) No.21368/2024 & connected cases
: 84 :
interest of members of the Society. Section 14AA(2A)
therefore requires that the share capital contribution or
financial assistance to the subsidiary institutions shall be met
from the balance net profit of the Society and any further
investment in subsidiary institutions from the Society/Bank
other than share capital shall be released as loan as per the
norms as may be specified by the Registrar. The provision
that share capital contribution / financial assistance to the
subsidiary institution shall be met only from the balance net
profit of the Society, is intended to ensure that the Societies
and the members thereof are not subjected to unnecessary
financial risk or burden.
34. If a Society or Bank has availed any financial
assistance from Government, it is legitimate that the
Government expects that the Board of Directors are
functioning strictly as per rules and are following sound
business principles to achieve the aims and objectives of the
Society. In order to ensure that the Board of Directors are
2024:KER:80385
W.P.(C) No.21368/2024 & connected cases
: 85 :
functioning within the ambit of law and are not taking such
decision so as to put the Society in financial difficulties, as per
Section 14AA(2B), the State has required that such Societies
shall include nominees of Government of Kerala in the Board
of Directors. It is in effect a condition for availing financial
assistance from Government. Such statutory condition cannot
be said to be arbitrary or illegal.
35. Under Section 66 of the Kerala Co-operative
Societies Act, 1969, the Registrar of Co-operative Societies
has power to order supervision and inspection in respect of the
working of any Society as frequently as he may consider
necessary, including inspection of the books of the Society.
When such Societies invest in subsidiaries, it is only just and
proper that the powers of the Registrar to conduct audit
inspection and verification of records is extended to the
subsidiary institutions as well. Enactment of Section 14AA(2C)
is therefore justified. For the very same reason, sub-section
(2D) requiring prior approval of the Registrar before making
2024:KER:80385
W.P.(C) No.21368/2024 & connected cases
: 86 :
share capital contribution or financial assistance to the
subsidiary institutions is justified. Sub-section (2E) which
requires prior approval of the Government for transferring
funds or leasing of assets of the Society to its subsidiary
institutions is also intended to protect the assets and interests
of the Society. These provisions cannot be described as
controlling the affairs of the Society or taking away autonomy
of Societies. I do not find any illegality in incorporating
sub-sections (2A) to (2E) in Section 14AA of the Kerala
Co-operative Societies Act, 1969.
36. Challenge to Section 28(2A)
Section 28 of the Kerala Co-operative Societies Act,
1969 makes provisions for constitution of Committee for the
management of the affairs of the Society. The Section
provides that the General body of a Society shall constitute a
Committee, for a period of five years, in accordance with the
bye-laws and entrust the Management of the affairs of the
Society to such Committee. Sub-section (2A) which is
2024:KER:80385
W.P.(C) No.21368/2024 & connected cases
: 87 :
incorporated by addition as per the Act 9 of 2024 reads as
follows:
(2A) Notwithstanding anything to the contrary
contained in the Act, rules or in the bye-laws of a
credit society, no member of the Committee of a
society shall be eligible for election to the Committee
for more than three consecutive terms, irrespective
of whether the term is in full or in part.
Explanation — For the purpose of this sub-section,
“credit society” means the Kerala State Co-operative
Bank Limited, Primary Agricultural Credit Societies,
Service Co-operative Banks, Regional Co-operative
Banks, Rural Banks, Farmer’s Service Co-operative
Banks, Urban Co-operative Banks, The Kerala State
Co-operative Agricultural and Rural Development
Bank Limited, Primary Co-operative Agricultural and
Rural Development Bank, Urban Co-operative
Societies, Agricultural Improvement Co-operative
Societies, Employees Credit Societies, Rural Co-
operative Societies, Primary Housing Co-operative
Societies and Kerala State Housing Federation.
By the said amendment, Members of Managing Committees of
Societies are restrained from contesting in the election to the
Managing Committees for more than three consecutive terms,
irrespective of whether the term is in full or in part.
37. Going by Section 28(2A), such restraint will apply
only to the members of a Credit Society. The explanation
under Section 28(2A) defines the term “Credit Society” to
2024:KER:80385
W.P.(C) No.21368/2024 & connected cases
: 88 :
mean the Kerala State Co-operative Bank Limited, Primary
Agricultural Credit Societies, Service Co-operative Banks,
Regional Co-operative Banks, Rural Banks, Farmers Service
Co-operative Banks, Urban Co-operative Banks, the Kerala
State Co-operative Agricultural and Rural Development Bank
Limited, Primary Co-operative Agricultural and Rural
Development Bank, Urban Co-operative Societies, Agricultural
Improvement Co-operative Societies, Employees Credit
Societies, Rural Co-operative Societies, Primary Housing Co-
operative Societies and Kerala State Housing Federation.
38. Article 19 of the Constitution of India protects
certain rights regarding freedom of speech, etc. By virtue of
the Constitution (97th Amendment) Act, 2011 under Article
19(1)(c), the words co-operative societies are added. Article
19(1)(c) reads as under:
19. Protection of certain rights regarding freedom
of speech, etc. –
(1) All citizens shall have the right –
***
(c) to form associations or unions or co-
operative societies.
2024:KER:80385
W.P.(C) No.21368/2024 & connected cases
: 89 :
Article 19(1)(c) therefore guarantees the freedom to form
associations, unions and co-operative societies. The right to
form a co-operative society is, therefore, raised to the level of
a fundamental right, guaranteed under the Constitution of
India.
39. The newly inserted Article 43-B of the Constitution
provides that the State shall endeavour to promote voluntary
formation, autonomous functioning, democratic control and
professional management of co-operative societies. By virtue
of the above said amendment, Part IXB was also inserted
containing Articles 243-ZH to 243-ZT. The co-operative
societies are, however, not treated as units of self government,
like Panchayats and Municipalities. It has been held so by the
Hon’ble Apex Court in Thalappalam Service Co-operative
Bank Limited and others (supra).
40. The Apex Court in the judgment in Association for
Democratic Reforms and another (Electoral Bond
Scheme) (supra) has held that it is now a settled position of
2024:KER:80385
W.P.(C) No.21368/2024 & connected cases
: 90 :
law that a statute can be challenged on the ground that it is
manifestly arbitrary and that the courts while testing the validity
of a law on the ground of manifest arbitrariness have to
determine if the statute is capricious, irrational and without
adequate determining principle, or something which is
excessive and disproportionate.
41. After the Constitution (97th Amendment) Act, 2011
which came into with effect from 15.02.2012, the promotion of
Co-operative Societies is a Directive Principle of State policy.
Article 43-B of the Constitution mandates that the State shall
endeavour to promote voluntary promotion, autonomous
functioning, democratic control and professional management
of Co-operative Societies. Promotion of Co-operative
Societies being a directive principle now, any steps taken by
the State shall ensure and satisfy the requirements contained
in Article 43-B. Autonomous functioning and democratic
control are key words used in Article 43-B. Autonomous
functioning means the ability of a person or body of persons to
2024:KER:80385
W.P.(C) No.21368/2024 & connected cases
: 91 :
perform independently the various tasks required by the
person / body of persons. Autonomous functioning
contemplates members of the Society complete essential
tasks of their position without direct supervision or oversight.
42. The statements of objects and reasons of the 97 th
amendment of the Constitution states that a strong need has
been felt for amending the Constitution so as to keep the co-
operatives free from unnecessary outside interferences and
also to ensure their autonomous organisational set up and
their democratic functioning.
43. Part IX-B has been inserted by the Constitution (97 th
Amendment) Act, 2011. Article 243-ZI relates to incorporation
of Co-operative Societies. Article 243-ZI provides that the
Legislature of a State may, by law, make provisions with
respect to the incorporation, regulation and winding up of Co-
operative Societies based on the principles of voluntary
formation, democratic member-control, member-economic
participation and autonomous functioning. Article 243-ZK
2024:KER:80385
W.P.(C) No.21368/2024 & connected cases
: 92 :
provides for election of members to the Board of Co-operative
Societies. Article 243-ZK(1) provides that notwithstanding
anything contained in any law made by the Legislature of the
State, the election of a Board shall be conducted before the
expiry of the term of the Board so as to ensure that newly
elected members of the Board assume office immediately on
the expiry of the term of the office of members of the outgoing
Board. Article 243-ZK(2) provides that the superintendence,
direction and control of the preparation of electoral rolls for,
and the conduct of all elections to a Co-operative Society shall
vest in such an authority or Body, as may be provided by the
Legislature of a State, by law. The proviso to Article 243-ZK
empowers the legislatures of State to provide for the
procedure and guidelines for the conduct of such elections.
44. It is the mandate of Article 243-ZI that any law made
by the Legislature of a State for incorporation, regulation and
winding up of Co-operative Societies should be based on the
principles of voluntary formation, democratic member-control,
2024:KER:80385
W.P.(C) No.21368/2024 & connected cases
: 93 :
member-economic participation and autonomous functioning.
Though Article 243-ZK empowers Legislatures of States to
constitute an Authority or Body for the conduct of elections to
the Co-operative Societies, the Article provides that law that
may be made by the Legislature for conduct of elections may
provide for the procedure and guidelines for the conduct of
such elections. The Constitution of India requires the State
only to prescribe procedure and guidelines for the conduct of
such election.
45. The words “autonomous functioning” appearing in
Article 243-ZI would necessarily mean that the State
intervention in the functioning of Co-operative Societies should
be minimal. The powers granted under Article 243-ZI to make
laws is confined to incorporation, regulation and winding up of
Co-operative Societies. Prescribing arbitrary eligibility
conditions for participating in election to the Managing
Committee of Co-operative Societies would amount to
interference with the autonomous functioning of Co-operative
2024:KER:80385
W.P.(C) No.21368/2024 & connected cases
: 94 :
Societies.
46. Electing a Managing Committee to administer the
Society is one of the important functions which is to be
discharged by the members of the Society. The law assumes
that members of the Society are competent to decide who
among the members of the Society would be able to manage
the affairs of the Society most effectively. When the State puts
conditions of eligibility on members of the Society to be being
elected to the Managing Committee, such conditions should be
conducive to the autonomous functioning of the Society based
on democratic control as contemplated by Article 43-B.
47. In the judgment in Pravinsinh Indrasinh Mahida v.
State of Gujarat [2021 SCC Online Guj 1293], a Division
Bench of the Hon’ble High Court of Gujarat held that a
legislation can be discriminatory when it does not disclose any
object which could be said to be reasonable or in public
interest, and secondly, the differentiation, which is sought to be
made, has no nexus with the object sought to be achieved.
2024:KER:80385
W.P.(C) No.21368/2024 & connected cases
: 95 :
The object and reason behind the amendment as is evident
from the pleading and arguments of the respondents, is to
save vested interest in the management of the Co-operative
Societies.
48. The Hon’ble High Court of Gujarat held in
Pravinsinh Indrasinh Mahida (supra) that in order to strike
down a delegated legislation as arbitrary, it has to be
established that the same is manifestly arbitrary. The
expression “arbitrary” means in an unreasonable manner, as
fixed or done capriciously or at pleasure, without adequate
determining principle, not founded in the nature of things, non
rational, not done or acting according to reason or judgment,
depending on the will alone.
49. The restraint imposed by the addition of Section
28(2A) on members being elected to the Committee again
after three consecutive terms, presumably is intended to avert
any vested interest being developed among the Members of
the Committee due to long tenure in office. It is true that on
2024:KER:80385
W.P.(C) No.21368/2024 & connected cases
: 96 :
the Executive side of the State, tenure restrictions are
prescribed by executive orders and administrative instructions
by which Government Servants are restrained from continuing
in one territorial area for more than the tenures fixed. Such
tenure restrictions are fixed in order to avert possibility of
developing vested interest in any territorial area. However,
members of Co-operative Societies who are elected to hold
positions in the Managing Committee cannot be treated at par
with Government servants. Members of the Managing
Committee of a Co-operative Society holds a position where
they are imposed with the responsibility of taking important
decisions in the administration of the Society. Longer
experience gained by such persons would only be beneficial to
the Co-operative Society and its members.
50. Co-operative Societies being institutions functioning
autonomously, such anxieties of vested interest should be best
left to be confronted by the General body of Members itself. If
the General body of a Society feels that long continuance of
2024:KER:80385
W.P.(C) No.21368/2024 & connected cases
: 97 :
Members in the Managing Committee would adversely affect
the management and affairs of the Society, the General body
can incorporate such conditions in the bye-laws of the Society.
When State imposes such restraint, it would indeed amount to
interference with the autonomy of the Societies and
interference with the right of the General body of a Society to
elect best among its Members to the Managing Committee.
51. The Societies are expected to function in a
democratic manner. The term “democratic control” appearing
in Article 43-B does not mean that State shall control the
Societies on the basis of majority opinion of the Legislature or
of any other external Bodies. The term “democratic control” in
Article 43-B contemplates that Societies should be functioning
in a democratic manner and the State shall strive to ensure
that the Societies are run in a democratic manner. When the
Legislature makes arbitrary rules regulating the conditions and
qualifications for being elected to the Managing Committee of
a Co-operative Society, that would indeed be an affront to the
2024:KER:80385
W.P.(C) No.21368/2024 & connected cases
: 98 :
right of the members of the Society to run the Society in a
democratic manner. It is to be noted that the credentials of
Co-operative Societies, which are mostly functioning in rural
and semi urban areas in Kerala, depend on the trustworthiness
of the Members of the Managing Committee of the Societies.
52. In Krishnamoorthy v. Sivakumar and others
[(2015) 3 SCC 467], the Apex Court quoted the judgment of
Privy Council in King Emperor v. Sibnath Banerji and othes
[AIR 1945 PC 156] and held that freedom in the exercise of the
judgment which engulfs a voter’s right, a free choice, in
selecting the candidate whom he believes to be best fitted to
represent the Constituency, has to be given due weightage.
The Hon’ble Apex Court in Jyoti Basu and others v. Debi
Ghosal and others [(1982) 1 SCC 691] held as follows:
7. The nature of the right to elect, the right to be
elected and the right to dispute an election and the
scheme of the Constitutional and statutory provisions
in relation to these rights have been explained by the
Court in N.P. Ponnuswami v. Returning Officer,
Namakkal Constituency and Jagan Nath v. Jaswant
Singh. We proceed to state what we have gleaned
from what has been said, so much as necessary for
2024:KER:80385W.P.(C) No.21368/2024 & connected cases
: 99 :
this case.
8. A right to elect, fundamental though it is to
democracy, is, anomalously enough, neither a
fundamental right nor a Common Law Right. It is pure
and simple, a statutory right. So is the right to be
elected. So is the right to dispute an election. Outside
of statute, there is no right to elect, no right to be
elected and no right to dispute an election. Statutory
creations they are, and therefore, subject to statutory
limitation. An Election petition is not an action at
Common Law, nor in equity. It is a statutory
proceeding to which neither the Common Law nor the
principles of Equity apply but only those rules which
the statute makes and applies. It is a special
jurisdiction, and a special jurisdiction has always to be
exercised in accordance with the statute creating it.
Concepts familiar to Common Law and Equity must
remain strangers to Election Law unless statutorily
embodied.
The afore view has been reiterated by the Apex Court in the
judgment in Arikala Narasa Reddy v. Venkata Ram Reddy
Reddygari and another [(2014) 5 SCC 312].
53. It may be noted that the cases where it has been
held that right to be elected is not a statutory or common law
right are cases relating to election to bodies which are creature
of statutes. As far as private bodies / organisations are
concerned, the right to contest in elections will be governed by
2024:KER:80385
W.P.(C) No.21368/2024 & connected cases
: 100 :
their own rules. Even if functioning of such bodies are
regulated by the Government through statutes, the State
cannot interfere with the democratic functioning of such bodies
imposing arbitrary conditions for eligibility to contest in
elections.
54. There cannot be a legal assumption or invariable
rule that members being elected to the Managing Committee
of a Co-operative Society would develop vested interest and
they will be incompetent to have their say in the management
and affairs of a Co-operative Society. Such restraint is not
existing in any other democratic institutions like Parliament /
State Legislatures or even in Local Self Government
Institutions governed by Panchayat Raj Act. There cannot be
a blanket assumption that members being elected to Managing
Committee repeatedly and continuously will act to the
detriment of the Societies. Even if there is likelihood of
developing vested interest, being a democratically functioning
institution, it is for the Members / General body of a Co-
2024:KER:80385
W.P.(C) No.21368/2024 & connected cases
: 101 :
operative Society to address such issues.
55. Furthermore, the restraint on a Member of the
Committee of the Society being elected consecutively for the
fourth term is imposed only on Credit Societies as defined
under the Explanation given below Section 28(2A). If a
Member being elected to the Managing Committee of any
other Society for the fourth consecutive term, will not develop
vested interest, then there need not be a distinction between
Credit Societies and other Societies. The State is
constitutionally bound to endeavour to promote all Co-
operative Societies irrespective of whether such Societies are
Credit Societies or not. Section 28(2A) is therefore highly
arbitrary and grossly discriminatory.
56. Section 28(2A) added to the Kerala Co-operative
Societies Act, 1969 by the Act 9 of 2024 therefore is irrational
and manifestly arbitrary. Section 28(A) cannot stand the
scrutiny of Article 14 of the Constitution of India. Section
28(2A) is therefore declared as illegal and unconstitutional.
2024:KER:80385
W.P.(C) No.21368/2024 & connected cases
: 102 :
57. Challenge to Section 33
Section 33 as it existed prior to the amendment
reads as follows:
33. Appointment of new committee or
administrator on failure to constitute committee,
etc. –
(1) Where the term of office of a committee has
expired and a new committee has not been
constituted, or where a no-confidence motion is
passed by the general body against the existing
committee or where the existing committee resigns
enbloc or where vacancies occur in the committee
either by resignation or otherwise and the number of
remaining members cannot constitute the quorum
for the meeting of the committee, or where the
committee fails to hold its regular meeting
consecutively for six months or where the Registrar
is satisfied.
(a) that a new committee cannot be
constituted before the expiry of the term of office of
the existing committee; or
(aa) there is stalemate in the constitution or
functions of the committee;
(b) that a new committee is prevented from
entering upon office, or a new committee fails to
enter upon office, on the date on which the term of
office of the existing committee expires, the
Registrar may, either suo motu or on the application
of any member of the society, after intimating the
Circle Co-operative Union, appoint one administrator
or an administrative committee consisting of not
more than three individuals, who need not be
members of the society, one among them as
convener to manage the affairs of the society, for a
period not exceeding six months as may be
2024:KER:80385W.P.(C) No.21368/2024 & connected cases
: 103 :
specified in the order, which period may, at the
discretion of the Registrar and for reasons to be
recorded in writing, be extended, from time to time,
so, however, that the aggregate period shall not, in
any case, exceed one year or till a new committee
enters upon office, whichever is earlier.
Provided that before making such order, the
Registrar shall publish a notice on the notice board
of the head office of the society inviting objections to
the making of the order within a period specified in
the notice and consider such objections.
Provided further that it shall not be necessary
to publish such notice in cases where the Registrar
is satisfied that it is not reasonably practicable to do
so.
Provided also that, where a committee,
administrator or administrators, as the case may be,
is in office at the commencement of the Kerala Co-
operative Societies (Amendment) Act 1992, the
Registrar may extend the term of such committee
administrator or administrators, as the case may be,
for a further period not exceeding one year from the
date of such commencement.
Explanation – For the purposes of this sub-
section a tender of resignation by a member of the
committee shall have the effect of terminating his
membership from the committee.
(1A) Notwithstanding anything contained in
sub-section (1), where on receipt of a report from
the Registrar, the Government are satisfied that a
new committee cannot be constituted or cannot
enter upon office of a society before the expiry of the
term of office of the administrator or administrative
committee], as the case may be, appointed by the
Registrar under sub section (1) and that it is
necessary in the public interest to manage the
affairs of the society and to enable a new elected
committee to enter upon office, the Government
may, by notification in the Gazette, for reasons to be
recorded, permit the Registrar to extend the terms of
2024:KER:80385
W.P.(C) No.21368/2024 & connected cases
: 104 :
the said administrator or administrative committee,
as the case may be, for a further period not
exceeding one year in the aggregate or till a new
committee enters upon office, whichever is earlier.
(2) The administrator or administrative committee
appointed under sub-sections (1) and (1A) shall,
subject to the control of the Registrar and to such
instructions as he may from time to time give, have
power to exercise all or any of the powers and
functions of the committee or of any officer of the
society and take all such action as may be required
in the interests of the society.
(3) The administrator or administrative committee
shall arrange for the constitution of a new committee
or for the entering upon office of the new committee,
as the case may be.
58. Section 33 of the Kerala Co-operative Societies Act,
1969 relates to appointment of new Committee or
Administrator on failure to constitute Committee, etc. Section
33 provides that where the term of office of a Committee has
expired and a new Committee has not been constituted, or
where a No Confidence Motion is passed by the General Body
against the existing Committee or where the existing
Committee resigns enbloc or where vacancies occur in the
Committee and the number of remaining members cannot
constitute the quorum for the meeting of the Committee or
2024:KER:80385
W.P.(C) No.21368/2024 & connected cases
: 105 :
where the Committee fails to hold its regular meeting
consecutively for six months or where the Registrar is satisfied
(a) that a new Committee cannot be constituted before
the expiry of the term of office of the existing Committee; or
(aa) there is stalemate in the constitution or functions of
the Committee;
(b) that a new Committee is prevented from entering
upon office or a new Committee fails to enter upon office, on
the date on which the term of office of the existing Committee
expires
the Registrar may appoint one Administrator or an
Administrative Committee consisting of not more than three
individuals, who need not be member of the Society.
59. Amendment to Section 33 effected by the Act 9 of
2024 is as follows:-
(i) in sub-section (1), in clause (b), for the words
“who need not be members of the society”, the words
“who shall be from among the members of the
society” shall be substituted.
(ii) in sub-section (2),–
(a) after the words “any officer of the society”,
2024:KER:80385W.P.(C) No.21368/2024 & connected cases
: 106 :
the words “including enrollment of members” shall be
inserted;
(b) the following sentence shall be inserted at
the end, namely:–
“The members so enrolled shall not have voting
right unless an elected Committee ratifies such
membership and if the Committee does not ratify any
such membership, shall specify the reasons thereof
for such denial.”
Section 33 provides that appointment of such Administrator or
Administrative Committee should be for a period not
exceeding six months, which period may be extended at the
discretion of the Registrar and for reasons to be recorded in
writing. The aggregate period of an Administrator or an
Administrative Committee shall not in any case exceed one
year or till a new Committee enters upon office whichever is
earlier.
60. There were wide spread complaints in the matter of
appointment of Administrator or Administrative Committee by
the Registrar, as many a time the Administrator or members of
the Administrative Committee appointed by the Registrar were
not members of the Co-operative Society. Neither the Act nor
2024:KER:80385
W.P.(C) No.21368/2024 & connected cases
: 107 :
the Rules made thereunder prescribed any qualification for
being appointed as Administrator or Administrative Committee.
If individuals, who are not otherwise concerned with the
functioning or well being of a Co-operative Society, are
appointed as Administrators or Administrative Committee
members, that would indeed be a matter of considerable
concern for the members of the Society.
61. If, for some reason, a democratically elected
Managing Committee so elected by the members of Co-
operative Society cannot assume office, will it be justifiable for
the State to constitute an Administrative Committee, the
members of which are not members of the Society ? Brining
outsiders to run the Society would indeed be against the
principles of democracy. It is this factor which weighed with
the legislature in bringing amendment to Section 33(1)(b).
With the amendment now effected, only members of the
Society can be included in the Administrative Committee.
2024:KER:80385
W.P.(C) No.21368/2024 & connected cases
: 108 :
62. The petitioners are, however, challenging the
additional power given to the Administrator / Administrative
Committee to enrol members to the Society. But, the
amendment provides that the members so enrolled by the
Administrative Committee shall not have voting right unless an
elected Committee ratifies such membership and if the
Committee does not ratify any such membership, the elected
Committee shall specify the reasons for such denial.
63. In the judgment in Joint Registrar of Co-operative
Societies v. T.A. Kuttappan [(2000) 6 SCC 127], the Hon’ble
Apex Court held that the question whether an administrator
appointed during supersession of a Committee or
Management of a Co-operative Society can enrol new
members is no longer res integra and Administrator or
Administrators is/are not vested with power to enrol new
members of the Society, as per the provisions of the Act. The
Hon’ble Apex Court held that enrolment of new members
would involve alteration of the composition of the society itself
2024:KER:80385
W.P.(C) No.21368/2024 & connected cases
: 109 :
and such a power should be exercised by an elected
Committee rather than by an Administrator or a Committee
appointed by the Registrar while the Committee of
Management is under supersession.
64. Enrolment of members in a Society is a continuous
process and is part of the day-to-day administrative affairs of
the Managing Committee of a Society. Therefore, in the place
of the Managing Committee, if an Administrative Committee is
appointed and functioning, such Committee shall necessarily
be given power to enrol members. As per Section 33(2) of the
Kerala Co-operative Societies Act, 1969, an Administrator or
Administrative Committee shall have power to exercise all or
any of the powers and functions of the Committee or of any
other officers of the Society and take action in the interest of
the Society. However, to curb artificial enrolment of members
in the Society to manipulate the outcome of election to the
Managing Committee, provision has been made that members
enrolled by Administrative Committee shall not have voting
2024:KER:80385
W.P.(C) No.21368/2024 & connected cases
: 110 :
right unless an elected Committee ratify such membership. As
enrolment of members by an Administrative Committee would
be subject to ratification by an elected Committee, I do not find
any illegality in the amended Section 33(2). Therefore, the
challenge to the amendment to Section 33 contained in the Act
is only to be rejected.
65. Challenge to Section 34A
The further challenge by the petitioners is on
Section 34A introduced by the Act 9 of 2024. Section 34A
reads as follows:
34A. Maintenance of accounts and adoption of
common software —
(1) All co-operative societies shall prepare and
keep the books of accounts and financial statements
in the form in the generally accepted accounting
principle for preparing profit and loss account and
balance sheet, which enable double entry book
keeping system, as may be prescribed.
(2) The Registrar shall issue necessary guidelines
for installation, maintenance and use of common
software to all co-operative societies, as may be
prescribed.
(3) A technical cell with professional and technical
team as prescribed shall be established in the office
2024:KER:80385W.P.(C) No.21368/2024 & connected cases
: 111 :
of the Registrar, in consultation with the Government,
to inspect the security, reliability, data protection and
other aspects connected with software and
hardware.
66. Section 34A requires that all Co-operative Societies
shall prepare and keep the Books of Accounts and the
Financial Statements in the Form in the generally accepted
accounting principle for preparing Profit and Loss Account and
Balance Sheet, which enable double entry book keeping
system as may be prescribed. The petitioners cannot have
any legal grievance in respect of the requirement to prepare
and keep Books of Accounts following the generally accepted
accounting principle.
67. The grievance of the petitioners in these writ
petitions is more on sub-clause (3) of Section 34A which
provides that a Technical Cell with professional and technical
team as prescribed shall be established in the office of the
Registrar, in consultation with the Government, to inspect the
security, reliability, data protection and other aspects
connected with software and hardware. The apprehension of
2024:KER:80385
W.P.(C) No.21368/2024 & connected cases
: 112 :
the petitioners is that constitution of such a Technical Cell is
likely to affect the right to privacy of the members of the
Society.
68. From sub-section (3), one cannot legally presume
that the Technical Cell sought to be constituted under sub-
section (3) of Section 34A is intended to collect data of
financial transactions of Co-operative Societies at a
centralised centre, under the control of the Registrar. Sub-
section (3) is intended to inspect the security, reliability, data
protection and other aspects connected with software and
hardware. As pointed out by the Advocate General, the sub-
section (3) does not prescribe or contemplate data sharing.
Ensuring security, reliability and data protection by Registrar
cannot be termed as interference with the affairs of co-
operative societies. The challenge against Section 34A is
therefore only to be repelled.
69. Challenge to Section 56(1)(d)
Section 56 of the Kerala Co-operative Societies Act,
2024:KER:80385
W.P.(C) No.21368/2024 & connected cases
: 113 :
1969 provides for disposal of net profit earned by a Society.
Section 56(1) as it stood earlier provided for transfer of an
amount, not less than 15% to the reserve fund. The Section
also contemplated crediting a portion of the net profits to the
Co-operative Education Fund. Sub-section (1)(c) provided that
10% of the net profit is to be transferred to the Co-operative
Member Relief Fund, as may be prescribed. The newly added
sub-section (1)(d) provided for crediting 5% of net profit to the
Professional Education Fund maintained by the Registrar.
70. Section 56(1) statutorily restricts disbursing the
funds of a Society other than net profits. ‘Education’ is one of
the co-operative principles as defined under Section 2(eccc) of
the Kerala Co-operative Societies Act, 1969 and it is included
as a co-operative principle in the Schedule II to the Act, 1969.
Therefore, I do not find any reason to hold that amendment to
Section 56(1) by inserting sub-section (d) is in any manner
arbitrary or illegal.
2024:KER:80385
W.P.(C) No.21368/2024 & connected cases
: 114 :
71. Challenge to Section 57C
Sections 57, 57A, 57B, 57C and 57D of the Kerala
Co-operative Societies Act, 1969 deal with investment of funds
including Co-operative Development and Welfare Fund,
Deposit Guarantee Scheme, Consortium Lending Scheme and
Co-operative Risk Fund Scheme. Section 57C which provides
for Consortium Lending Scheme reads as follows:
57C. Consortium Lending Scheme –
(1) The Government may, by notification in the
Gazette, frame a scheme to be called the “Consortium
Lending Scheme” for the purpose of providing loans
for infrastructure development to societies, local
authorities, development authorities or similar
institutions on Government guarantee subject to such
terms and conditions, as may be specified in the said
scheme.
(2) A society may contribute to the Consortium
Lending Scheme, at such rates, as may be specified
in the scheme.
72. The Act 9 of 2024 amended Section 57C by
inserting the words “public purpose and for” after the words
“providing loans for” in sub-section (1) of Section 57C. Prior to
the amendment, the Consortium Lending Scheme could have
provided loans only for infrastructure development to societies,
2024:KER:80385
W.P.(C) No.21368/2024 & connected cases
: 115 :
local authorities, development authorities or similar institutions
on Government guarantee. The Consortium Lending Scheme
could not have been utilised for any other public purpose than
for infrastructure development. The amendment to Section
57C liberalised the Scheme enabling lending for public
purposes as well.
73. The concern of the petitioners is that when the
funds are invested for public purpose, there is high chance for
misuse and misappropriation of the fund. The petitioners
urged that therefore Section 57C should be treated as arbitrary
and illegal.
74. “Concern for community” is one of the co-operative
principles included in Schedule II to the Kerala Co-operative
Societies Act, 1969. Therefore, when a need arises to spend
funds for public purpose, the co-operative societies should be
able to contribute. The Societies make only small
contributions to the Consortium Lending Scheme. Expenditure
for projects involving public purpose can now be met under the
2024:KER:80385
W.P.(C) No.21368/2024 & connected cases
: 116 :
Consortium Lending Scheme. This will not in any manner
affect the financial strength of Co-operative Societies. Mere
possibility of misuse of funds cannot be a reason not to utilise
the Scheme for public purposes. Utilisation of funds for public
purpose would be in accordance with co-operative principles
enumerated in the Act 1969. Therefore, I do not find any
illegality or arbitrariness in the amendment made to Section
57C.
75. Challenge to Section 57E
Section 57E inserted by the Act 9 of 2024 reads as
follows:
57E. Co-operative Revival Fund Scheme —
(1) The Government may, by notification in the
Gazette, frame a scheme to be called “the Co-
operative Revival Fund Scheme” for establishing a
fund for the purpose of reviving societies which are
weaker or remain in dormant position due to certain
extraordinary situation by providing financial
assistance subject to such terms and conditions to be
specified in the scheme and shall be administered in
such manner as may be prescribed.
(2) There shall be earmarked to the fund,–
(a) an amount which is not more than fifty
percent of the reserve fund, referred to in clause (a) of
sub-section (1) of section 56; and
2024:KER:80385
W.P.(C) No.21368/2024 & connected cases
: 117 :
(b) not more than fifty per cent of the
Agriculture Credit Stabilization Fund set apart by
Agricultural Credit Societies from their net profit; as
and when required;
(c) such fund that may be granted by
Government from time to time; and
(d) any other amount which under the
provisions of the scheme may be credited to the fund.
76. Section 57E contemplates constitution of a Co-
operative Revival Fund Scheme and provides that an amount
which is not more than 50% of the Reserve Fund shall be
earmarked for the Co-operative Revival Fund Scheme.
Section 57(2)(b) provides that not more than 50% of the
Agricultural Credit Stabilisation Fund set apart by Agricultural
Credit Societies from their net profits shall be earmarked for
the Co-operative Revival Fund Scheme.
77. Reserve Fund under Section 56(1)(b) are set apart
for utilising during financial crisis of a Society. Huge Reserve
Funds are available as of now with the Government. Taking
into consideration the fact that certain Co-operative Societies
in the State are facing financial crisis, the Government has
decided to frame a Co-operative Revival Fund Scheme for the
2024:KER:80385
W.P.(C) No.21368/2024 & connected cases
: 118 :
purpose of reviving Societies which are weaker or remaining in
dormant position due to extraordinary situation, subject to such
terms and conditions that may be prescribed.
78. “Co-operation among Co-operative Societies” is one
of the important co-operative principles included in Schedule II
of the Kerala Co-operative Societies Act, 1969. The Co-
operative Societies in Kerala therefore have an obligation
towards other co-operative societies. Section 57E is a
provision satisfying the basic co-operative principles. As the
objective of the Co-operative Revival Fund Scheme is laudable
and is in consonance with the co-operative principles
enumerated in Schedule II to the Kerala Co-operative
Societies Act, 1969, the creation of Co-operative Revival Fund
by inserting Section 57E is legally justified. The challenge
against Section 57E is therefore liable to be defenestrated.
79. Challenge to Section 64 (1A) to (1C)
Section 64 of the Kerala Co-operative Societies Act,
1969 deals with scope of audit, powers of the Director of Co-
2024:KER:80385
W.P.(C) No.21368/2024 & connected cases
: 119 :
operative Audit and procedure for audit. The Act 9 of 2024 has
inserted sub-clauses (1A) to (1C) in Section 64. Section
64(1A) to (1C) reads as follows:
(1A) In the case of co-operative societies whose
accounts are prepared using a common software or
any other software approved by the Registrar, the
audit includes the audit of information system and
evaluation of software as well as hardware.
(1B) If during the audit of information system and
evaluation of software and hardware, any
manipulation of records or manipulation in the working
of the software or hardware is revealed, the
auditor/auditors/audit firms shall inform the
manipulations to the Director of Co-operative Audit
and the Registrar.
(1C) The Registrar himself, or the Director of Co-
operative Audit in consultation with the Registrar shall
inform the manipulations in the system to the Police
or Vigilance officer, as the case may be, for
investigation.
80. Section 64(1A) states that in the case of Co-
operative Societies whose accounts are prepared using
common software or any other software approved by the
Registrar, the audit includes the audit of information system
and evaluation of software as well as hardware. Sub-section
(1B) provides that if during the audit, any manipulation of
2024:KER:80385
W.P.(C) No.21368/2024 & connected cases
: 120 :
records or manipulation in the working of the software or
hardware is revealed, the Auditors or Auditors’ Firms shall
inform the manipulations to the Director of Co-operative Audits
and the Registrar. Sub-section (1C) provides that the
Registrar or the Director of Co-operative Audits in consultation
with the Registrar shall inform the manipulations in the system
to the Police or Vigilance Officer for investigation.
81. The provisions under Section 64(1A) to (1C) are
intended to maintain and streamline the software system of
Co-operative Societies and evaluation of software and
hardware. For the effective utilisation of advancement in
Information Technology and for accurate maintenance of
accounts of Societies, it is necessary that the information
system, software as well as hardware, is audited properly. In
many rural areas where Co-operative Societies are
functioning, availability of competent persons who can audit
information system may not be easy. Such audit by the
Director of Co-operative Audit would only benefit the Co-
2024:KER:80385
W.P.(C) No.21368/2024 & connected cases
: 121 :
operative Societies generally and those in rural areas
particularly.
82. Manipulations in the working of software and
hardware are not often easy to detect. Delay in detecting such
manipulation would be disastrous to the financial strength of
Co-operative Societies. Therefore, if such manipulations are
detected during audit, it is necessary that the Director of Co-
operative Audit and the Registrar are informed of such
manipulation and the matter is revealed to the police or
vigilance officer for prompt vigilance/criminal investigation.
The amendment to Section 64 effected by adding sub-section
(1A) to (1C) is therefore perfectly legal and justified.
83. Whether the Act 9 of 2024 is a Money Bill
As regards the argument of the petitioners that the
amendment Act 9/2024 is a money bill, it is to be noted that the
Hon’ble Apex Court in the judgment in Mohd. Saeed Siddiqui
(supra) has held that even if it is established that there was
some infirmity in the procedure in the enactment of the
2024:KER:80385
W.P.(C) No.21368/2024 & connected cases
: 122 :
Amendment Act, in terms of Article 255 of the Constitution, the
matter of procedure do not render invalid an Act to which
assent has been given by the President or Governor as the
case may be. The validity of the proceedings inside the
legislature of a State cannot be called in question on the
allegation that the procedure laid down by the law has not
been strictly followed and that no court can go into those
questions which are within the special jurisdiction of the
legislature itself, which has the power to conduct its own
business.
84. For the reasons stated hereinabove, the writ
petitions are disposed of as follows:
(1) Section 28(2A) incorporated in the
Kerala Co-operative Societies Act, 1969 by the
Amendment Act 9 of 2024 is declared as
illegal, against the co-operative principle of
Democratic Member Control, and
unconstitutional.
2024:KER:80385
W.P.(C) No.21368/2024 & connected cases
: 123 :
(2) The challenges made by the writ
petitioners in respect of all other amendments
are repelled.
Sd/-
N. NAGARESH, JUDGE
aks
2024:KER:80385
W.P.(C) No.21368/2024 & connected cases
: 124 :
APPENDIX OF WP(C) 21368/2024
PETITIONERS’ EXHIBITS:
Exhibit P1 A TRUE COPY OF THE KERALA CO-OPERATIVE
SOCIETIES (AMENDMENT) ACT, 2023 (ACT 9
OF 2024) BEARING NOTIFICATION NO.
142/LEG.H2/2022/LAW DATED 07TH JUNE
2024 PUBLISHED IN THE GAZETTE.
Exhibit P2 A TRUE COPY OF THE GOVERNMENT ORDER
BEARING G.O.(P)NO.53/2024/CO-OP DATED
19.03.2024 PUBLISHED IN THE GAZETTE.
Exhibit P3 A COPY OF THE ELECTION NOTIFICATION
BEARING NO. 01/92/2024/E(2) S.C.E.C
DATED 08.06.2024 ISSUED BY THE STATE
CO-OPERATIVE ELECTION COMMISSION.
2024:KER:80385
W.P.(C) No.21368/2024 & connected cases
: 125 :
APPENDIX OF WP(C) 21464/2024
PETITIONERS’ EXHIBITS:
Exhibit P1 A TRUE COPY OF THE KERALA CO-OPERATIVE
SOCIETIES (AMENDMENT) ACT, 2023 (ACT 9
OF 2024) BEARING NOTIFICATION NO.
142/LEG.H2/2022/LAW DATED 07TH JUNE
2024 PUBLISHED IN THE GAZETTE.
Exhibit P2 A TRUE COPY OF THE GOVERNMENT ORDER
BEARING G.O.(P)NO. 53/2024/CO-OP DATED
19.03.2024 PUBLISHED IN THE GAZETTE,Exhibit P3 A COPY OF THE ELECTION NOTIFICATION
BEARING NO. 01/104/2024/E(2) S.C.E.C
DATED 09.06.2024 ISSUED BY THE STATE
CO-OPERATIVE ELECTION COMMISSION.
2024:KER:80385
W.P.(C) No.21368/2024 & connected cases
: 126 :
APPENDIX OF WP(C) 21531/2024
PETITIONERS’ EXHIBITS:
Exhibit -P1 A TRUE COPY OF THE KERALA CO-OPERATIVE
SOCIETIES (AMENDMENT) ACT, 2023 (ACT 9
OF 2024) BEARING NOTIFICATION NO.
142/LEG.H2/2022/ LAW DATED 07TH JUNE
2024 PUBLISHED IN THE GAZETTE.
Exhibit -P2 A TRUE COPY OF THE GOVERNMENT ORDER
BEARING G.O.(P)NO.53/2024/CO-OP DATED
19.03.2024 PUBLISHED IN THE GAZETTE.
Exhibit -P3 TRUE COPY OF THE COMMUNICATION DATED
10.06.2024 GIVEN BY THE PRESIDENT OF
THE NEDUMKUNNAM SERVICE CO-OPERATIVE
BANK LTD. TO THE STATE CO-OPERATIVE
ELECTION COMMISSION.
2024:KER:80385
W.P.(C) No.21368/2024 & connected cases
: 127 :
APPENDIX OF WP(C) 21582/2024
PETITIONER’S EXHIBITS:
Exhibit-P1 A TRUE COPY OF THE KERALA CO-OPERATIVE
SOCIETIES (AMENDMENT) ACT, 2023 (ACT 9
OF 2024) BEARING NOTIFICATION NO.
142/LEG.H2/2022/ LAW DATED 07TH JUNE
2024 PUBLISHED IN THE GAZETTE.
Exhibit-P2 A TRUE COPY OF THE GOVERNMENT ORDER
BEARING G.O.(P)NO. 53/2024/CO-OP DATED
19.03.2024 PUBLISHED IN THE GAZETTE.
Exhibit-P3 TRUE COPY OF THE COMMUNICATION DATED
10.06.2024 GIVEN BY THE PRESIDENT OF
THE PUTHUPPALLY SERVICE CO-OPERATIVE
BANK LTD. TO THE STATE CO-OPERATIVE
ELECTION COMMISSION.
Exhibit-P4 COPY OF THE SAID GOVERNMENT ORDER
BEARING G.O.(RT)NO. 522/2019/CO-OP
DATED 02.09.2019.
Exhibit-P5 A COPY OF THE CHART SHOWING VARIOUS
AMOUNTS WHICH ARE PAID AND PAYABLE BY
THE PETITIONER’S SOCIETY UNDER
THE DIFFERENT HEADS.
2024:KER:80385
W.P.(C) No.21368/2024 & connected cases
: 128 :
APPENDIX OF WP(C) 21629/2024
PETITIONERS’ EXHIBITS:
Exhibit P1 TRUE COPY OF THE ELECTION NOTIFICATION
DATED 11.06.2024 OF THE AYROOR SERVICE
CO-OPERATIVE BANK ISSUED BY THE
ELECTION COMMISSION.
Exhibit P2 TRUE COPY OF THE AMENDED ACT NO.9 OF
2024 DATED 07.06.2024 OF THE
GOVERNMENT.
Exhibit P3 TRUE COPY OF THE RULE 15 OF THE KCS
RULES WITH UPTO DATE AMENDMENT.
2024:KER:80385
W.P.(C) No.21368/2024 & connected cases
: 129 :
APPENDIX OF WP(C) 21697/2024
PETITIONERS’ EXHIBITS:
Exhibit P1 A TRUE COPY OF THE AUDITED BALANCE
SHEET OF RESPONDENT NO.4 SOCIETY FOR
THE FINANCIAL YEAR OF 2022-23 AND
UNAUDITED BALANCE SHEET OF 2023-24Exhibit P1(a) A TRUE COPY OF THE TENTATIVE BALANCE
SHEET AS ON 31.03.2024 OF THE 5TH
RESPONDENT SOCIETY, SHOWING A PROFIT OF
RS. 709139.00Exhibit P2 A TRUE COPY OF THE RESOLUTION DATED
07.05.2024 ADOPTED BY THE RESPONDENT
NO.4 BANKExhibit P3 A TRUE COPY OF THE APPLICATION DATED
08.05.2024 IN NO. ALP/204/2024
SUBMITTED BY RESPONDENT NO.4 TO
RESPONDENT NO.3Exhibit P4 A TRUE COPY OF THE RECEIPT DATED
08.05.2024 EVIDENCING PAYMENT OF RS.
2000/- TO THE TREASURY
Exhibit P5 TRUE COPY OF THE GAZETTE NOTIFICATION
DATED 07.06.2024 ISSUED BY RESPONDENT
NO.1 IN NO. 142/LEG.H2/2022/LAW
Exhibit P6 A TRUE COPY OF THE ELECTION
NOTIFICATION DATED 14.06.2024 ISSUED BY
RESPONDENT NO.4 IN NO.
OI/165/2024/E(1)S.C.E.C.
2024:KER:80385
W.P.(C) No.21368/2024 & connected cases
: 130 :
APPENDIX OF WP(C) 21796/2024
PETITIONERS’ EXHIBITS:
Exhibit -P1 A TRUE COPY OF THE KERALA CO-OPERATIVE
SOCIETIES (AMENDMENT) ACT, 2023 (ACT 9
OF 2024) BEARING NOTIFICATION NO.
142/LEG.H2/2022/ LAW DATED 07TH JUNE
2024 PUBLISHED IN THE GAZETTE.
2024:KER:80385
W.P.(C) No.21368/2024 & connected cases
: 131 :
APPENDIX OF WP(C) 22180/2024
PETITIONERS’ EXHIBITS:
Exhibit P1 TRUE COPY OF THE GAZETTE NOTIFICATION
DATED 07.06.2024.
Exhibit P2 TRUE COPY OF THE ELECTION NOTIFICATION
DATED 15.06.2024 ISSUED BY CO-OPERATIVE
ELECTION COMMISSIONER.
2024:KER:80385
W.P.(C) No.21368/2024 & connected cases
: 132 :
APPENDIX OF WP(C) 22342/2024
PETITIONER’S EXHIBITS:
Exhibit P1 TRUE COPY OF THE KERALA CO-OPERATIVE
SOCIETIES (AMENDMENT ) ACT, 2023
BEARING NOTIFICATION NO.
142/LEG.H2/2022/LAW DATED 7-6-2024.
Exhibit P2 TRUE COPY OF THE NOTIFICATION NO.
0L/97/2024/E(2)SCEC DATED 8-6-2024
ISSUED BY THE 2ND RESPONDENT.
2024:KER:80385
W.P.(C) No.21368/2024 & connected cases
: 133 :
APPENDIX OF WP(C) 22428/2024
PETITIONERS’ EXHIBITS:
Exhibit P1 A TRUE COPY OF THE APPLICATION IN NO.
TSR/273/2024 DATED 14.05.2024 SUBMITTED
TO RESPONDENT NO.4.
Exhibit P2 TRUE COPY OF THE GAZETTE NOTIFICATION
DATED 07.06.2024 ISSUED BY RESPONDENT
NO.1 IN NO. 142/LEG.H2/2022/LAW.
2024:KER:80385
W.P.(C) No.21368/2024 & connected cases
: 134 :
APPENDIX OF WP(C) 22638/2024
PETITIONERS’ EXHIBITS:
Exhibit P1 A TRUE COPY OF THE ELECTION
NOTIFICATION DATED 12.06.2024 OF THE
VIYYUR SERVICE CO-OPERATIVE BANK ISSUED
BY THE ELECTION COMMISSIONExhibit P2 A TRUE COPY OF THE ELECTION
NOTIFICATION DATED 22.06.2024 OF THE
KADUNGALLUR SERVICE CO-OPERATIVE BANK
ISSUED BY THE ELECTION COMMISSIONExhibit P3 A TRUE COPY OF THE AMENDED ACT NO.9 OF
2024 DATED 07.06.2024 OF THE GOVERNMENTExhibit P4 A TRUE COPY OF THE RULE 15 OF THE KCS
RULES WITH UPTO DATE AMENDMENTRESPONDENTS’ EXHIBITS:
Exhibit R2(a) TRUE COPY OF THE RELEVANT PAGES OF THE
PROCEEDINGS OF THE KERALA LEGISLATIVE
ASSEMBLY RELATED TO THE INTRODUCTION OF
KERALA CO-OPERATIVE SOCIETIES III
(AMENDMENT) BILL, 2022 [BILL NO.151 OF
THE 15TH KERALA LEGISLATIVE ASSEMBLY]
DATED 12.12.2022.
Exhibit R2(b) TRUE COPY OF GO(RT) NO 418/2019/CO-OP
DATED 02-07-2019Exhibit R2(c) TRUE COPY OF THE GO(RT) NO 629/2019/CO-
OP DATED 23-10-2019
Exhibit R2(d) TRUE COPY OF THE GO(RT) NO 93/2020/CO-
OP DATED 09-02-2020
Exhibit R2(e) TRUE COPY OF THE RELEVANT PAGES OF THE
KERALA CO-OPERATIVE SOCIETIES III
2024:KER:80385W.P.(C) No.21368/2024 & connected cases
: 135 :
(AMENDMENT) BILL, 2022 [BILL NO.151 OF
THE 15TH KERALA LEGISLATIVE ASSEMBLY]
CONTAINING EXPLANATION OF THE OBJECTIVE
SOUGHT TO BE ACHIEVED, DATED NILExhibit R2(f) TRUE COPY OF THE SELECT COMMITTEE
REPORT OF THE KERALA STATE LEGISLATIVE
ASSEMBLY.
2024:KER:80385
W.P.(C) No.21368/2024 & connected cases
: 136 :
APPENDIX OF WP(C) 22645/2024
PETITIONERS’ EXHIBITS:
Exhibit P1 TRUE COPY OF THE ELECTION NOTIFICATION
DATED 10.06.2024 OF THE THYCATTUSERY
SERVICE CO-OPERATIVE BANK ISSUED BY THE
ELECTION COMMISSION.
Exhibit P2 TRUE COPY OF THE AMENDED ACT
NO.142\LEG.H2\2022\LAW DATED 07.06.2024
OF THE GOVERNMENT.
Exhibit P3 TRUE COPY OF THE RULE 15 OF THE KCS
RULES.
2024:KER:80385
W.P.(C) No.21368/2024 & connected cases
: 137 :
APPENDIX OF WP(C) 22656/2024
PETITIONERS’ EXHIBITS:
Exhibit-P1 A TRUE COPY OF THE AADHAR CARD
NO.587652242494 OF THE 1ST PETITIONERExhibit-P2 A TRUE COPY OF THE AADHAR CARD
NO.521320880224 OF THE 2ND PETITIONERExhibit-P3 A TRUE COPY OF THE NOTIFICATION
NO.OL/96/2024/E(1)S.C.E.C DATED 08-06-
2024 ISSUED BY THE 4TH RESPONDENTExhibit-P4 A TRUE COPY OF RELEVANT PAGES OF THE
GAZETTE NOTIFICATION DATED 07-06-2024.
2024:KER:80385
W.P.(C) No.21368/2024 & connected cases
: 138 :
APPENDIX OF WP(C) 22692/2024
PETITIONERS’ EXHIBITS:
Exhibit P1 A TRUE COPY OF THE APPLICATION IN NO.
TSR/287/2024 DATED 15.05.2024 SUBMITTED
TO RESPONDENT NO.4.
Exhibit P2 A TRUE COPY OF NOTIFICATION DATED
14.06.2024 ISSUED BY THE 4TH
RESPONDENT.
Exhibit P3 TRUE COPY OF THE GAZETTE NOTIFICATION
DATED 07.06.2024 ISSUED BY LAW
SECRETARY IN NO. 142/LEG.H2/2022/LAW.
2024:KER:80385
W.P.(C) No.21368/2024 & connected cases
: 139 :
APPENDIX OF WP(C) 22740/2024
PETITIONER’S EXHIBITS:
Exhibit-P1 A TRUE COPY OF THE RESOLUTION NO.1
DATED 05-06-2024 OF THE MANAGING
COMMITTEE, ACCEPTING THE RESIGNATION OF
THE PETITIONER FROM THE POST OF
PRESIDENT AND ALSO MEMBER OF THE
MANAGING COMMITTEE.
Exhibit-P2 A TRUE COPY OF THE INTIMATION DATED 05-
06-2024, BY THE SECRETARY OF THE 7TH
RESPONDENT SOCIETY TO THE ASSISTANT
REGISTRAR OF CO-OPERATIVE SOCIETIES
(GENERAL), THIRURANGADI.
Exhibit-P3 A TRUE COPY OF THE NOTIFICATION
NO.OL/123/2024/E(2)S.C.E.C DATED 11-06-
2024 ISSUED BY THE 4TH RESPONDENT.
Exhibit-P4 A TRUE COPY OF RELEVANT PAGES OF THE
GAZETTE NOTIFICATION DATED 07-06-2024.
2024:KER:80385
W.P.(C) No.21368/2024 & connected cases
: 140 :
APPENDIX OF WP(C) 23203/2024
PETITIONER’S EXHIBITS:
Exhibit-P1 A TRUE COPY OF THE AADHAR CARD
NO.573875664026 OF THE 1ST PETITIONER.
Exhibit-P2 A TRUE COPY OF THE AADHAR CARD
NO.645295742180 OF THE 2ND PETITIONER.
Exhibit-P3 A TRUE COPY OF THE NOTIFICATION
NO.OL/135/2024/E(1)S.C.E.C DATED 11-06-
2024 ISSUED BY THE 4TH RESPONDENT.
Exhibit-P4 A TRUE COPY OF RELEVANT PAGES OF THE
GAZETTE NOTIFICATION DATED 07-06-2024.
2024:KER:80385
W.P.(C) No.21368/2024 & connected cases
: 141 :
APPENDIX OF WP(C) 23252/2024
PETITIONERS’ EXHIBITS:
Exhibit -P1 A TRUE COPY OF THE KERALA CO-OPERATIVE
SOCIETIES (AMENDMENT) ACT, 2023 (ACT 9
OF 2024) BEARING NOTIFICATION NO.
142/LEG.H2/2022/LAW DATED 07TH JUNE
2024 PUBLISHED IN THE GAZETTE.
Exhibit -P2 A TRUE COPY OF THE GOVERNMENT ORDER
BEARING G.O.(P)NO. 53/2024/CO-OP DATED
19.03.2024 PUBLISHED IN THE GAZETTE.
2024:KER:80385
W.P.(C) No.21368/2024 & connected cases
: 142 :
APPENDIX OF WP(C) 23325/2024
PETITIONERS’ EXHIBITS:
Exhibit P1 A TRUE COPY OF THE KERALA CO-OPERATIVE
SOCIETIES (AMENDMENT) ACT, 2023 (ACT 9
OF 2024) BEARING NOTIFICATION NO.
142/LEG.H2/2022/ LAW DATED 07TH JUNE
2024 PUBLISHED IN THE GAZETTE.
Exhibit P2 A TRUE COPY OF THE GOVERNMENT ORDER
BEARING G.O.(P)NO.53/2024/CO-OP DATED
19.03.2024 PUBLISHED IN THE GAZETTE.
2024:KER:80385
W.P.(C) No.21368/2024 & connected cases
: 143 :
APPENDIX OF WP(C) 23479/2024
PETITIONER’S EXHIBITS:
Exhibit P1 TRUE COPY OF THE KERALA CO-OPERATIVE
SOCIETIES (AMENDMENT) ACT, (ACT 9 OF
2024) BEARING NOTIFICATION NO.
142/LEG.H2/2022/LAW DATED 07TH JUNE
2024 PUBLISHED IN THE GAZETTE.
Exhibit P2 TRUE COPY OF THE ELECTION NOTIFICATION
ALONG WITH CORRESPONDING ORDER BEARING
NO. 01/440/2024/E(1) S.C.E.C DATED 25-
06-2024 ISSUED BY THE 3RD RESPONDENT.
2024:KER:80385
W.P.(C) No.21368/2024 & connected cases
: 144 :
APPENDIX OF WP(C) 23565/2024
PETITIONERS’ EXHIBITS:
Exhibit P1 A TRUE COPY OF THE KERALA CO-OPERATIVE
SOCIETIES (AMENDMENT) ACT, 2023 (ACT 9
OF 2024) BEARING NOTIFICATION NO.
142/LEG.H2/2022/ LAW DATED 07TH JUNE
2024 PUBLISHED IN THE GAZETTE.
Exhibit P2 A TRUE COPY OF THE GOVERNMENT ORDER
BEARING G.O.(P)NO.53/2024/CO-OP DATED
19.03.2024 PUBLISHED IN THE GAZETTE.
Exhibit P3 A COPY OF THE ELECTION NOTIFICATION
BEARING NO. 01/508/2024/E(2) S.C.E.C
DATED 28.06.2024 ISSUED BY THE STATE
CO-OPERATIVE ELECTION COMMISSION.
2024:KER:80385
W.P.(C) No.21368/2024 & connected cases
: 145 :
APPENDIX OF WP(C) 23575/2024
PETITIONERS’ EXHIBITS:
Exhibit P1 A TRUE COPY OF THE KERALA CO-OPERATIVE
SOCIETIES (AMENDMENT) ACT, 2023 (ACT 9
OF 2024) BEARING NOTIFICATION NO.
142/LEG.H2/2022/ LAW DATED 07TH JUNE
2024 PUBLISHED IN THE GAZETTE.
Exhibit P2 A TRUE COPY OF THE GOVERNMENT ORDER
BEARING G.O.(P)NO.53/2024/CO-OP DATED
19.03.2024 PUBLISHED IN THE GAZETTE.
Exhibit P3 A COPY OF THE ELECTION NOTIFICATION
BEARING NO. 01/504/2024/E(2)S.C.E.C.
DATED 27.06.2024 ISSUED BY THE STATE
CO-OPERATIVE ELECTION COMMISSION.
2024:KER:80385
W.P.(C) No.21368/2024 & connected cases
: 146 :
APPENDIX OF WP(C) 23598/2024
PETITIONER’S EXHIBITS:
Exhibit P1 TRUE COPY OF THE GAZETTE NOTIFICATION
DATED 07.06.2024 ISSUED BY RESPONDENT
LAW SECRETARY IN NO.
142/LEG.H2/2022/LAW.
2024:KER:80385
W.P.(C) No.21368/2024 & connected cases
: 147 :
APPENDIX OF WP(C) 25011/2024
PETITIONER’S EXHIBITS:
Exhibit P1 TRUE COPY OF KERALA CO-OPERATIVE
SOCIETIES (AMENDMENT) ACT, 2023 ( ACT 9
OF 2024) BEARING NOTIFICATION
NO.142/LEG.H2/2022/LAW DATED07-06-2024
PUBLISHED IN THE GAZETTE.
Exhibit P2 TRUE COPY OF THE GOVERNMENT ORDER
BEARING G.O.(P) NO.53/2024/CO-OP. DATED
19-03-2024 PUBLISHED IN THE GAZETTE.
Exhibit P3 TRUE COPY OF THE ELECTION NOTIFICATION
BEARING NO.01/92/2024/E(2) S.C.E.C.
DATED 08-06-2024 ISSUED BY THE STATE
CO-OPERATIVE ELECTION COMMISSION.
2024:KER:80385
W.P.(C) No.21368/2024 & connected cases
: 148 :
APPENDIX OF WP(C) 25135/2024
PETITIONER’S EXHIBITS:
Exhibit P1 A TRUE COPY OF THE KERALA CO-OPERATIVE
SOCIETIES (AMENDMENT) ACT, 2023 (ACT 9
OF 2024) BEARING NOTIFICATION NO.
142/LEG.H2/2022/ LAW DATED 07TH JUNE
2024 PUBLISHED IN THE GAZETTE.
Exhibit P2 A TRUE COPY OF THE GOVERNMENT ORDER
BEARING G.O.(P)NO.53/2024/CO-OP DATED
19.03.2024 PUBLISHED IN THE GAZETTE.
Exhibit P3 A COPY OF THE ELECTION NOTIFICATION
BEARING NO. 01/629/2024 E(2) S.C.E.C
DATED 04.07.2024 ISSUED BY THE STATE
CO-OPERATIVE ELECTION COMMISSION.
2024:KER:80385
W.P.(C) No.21368/2024 & connected cases
: 149 :
APPENDIX OF WP(C) 25821/2024
PETITIONER’S EXHIBITS:
Exhibit P1 TRUE COPY OF THE KERALA CO-OPERATIVE
SOCIETIES (AMENDMENT) ACT,2023 BEARING
NOTIFICATION NO. 142/LEG.H2/2022/LAW
DATED 7-6-2024.
Exhibit P2 TRUE COPY OF THE NOTIFICATION NO.
O1/616/2024/E(2)SCEC DATED 3-7-2024
ISSUED BY THE 2ND RESPONDENT.
Exhibit P3 TRUE COPY OF THE JUDGMENT IN W.A.NO.
943/2024 DATED 8-7-2024.
2024:KER:80385
W.P.(C) No.21368/2024 & connected cases
: 150 :
APPENDIX OF WP(C) 25896/2024
PETITIONER’S EXHIBITS:
Exhibit P1 TRUE COPY OF THE CERTIFICATE WITH REF
NO: NIL AND DATED 08.07.2024 ISSUED BY
THE SECRETARY OF VELIYATHU NADU SERVICE
CO-OPERATIVE BANK LTD NO. E298.
Exhibit P2 TRUE COPY OF THE JANMABHOOMI DAILY
DATED 08.07.2024 CONSISTING OF
NOTIFICATION NO.
01/620/2024/E(2)S.C.E.C DATED
03.07.2024.
Exhibit P3 TRUE COPY OF THE KERALA CO-OPERATIVE
SOCIETIES (AMENDMENT) ACT 2023 (ACT
9/2024) BEARING NOTIFICATION NO.
142/LEG.H2/2022/LAW DATED 07.06.2024
AND PUBLISHED IN THE GAZETTE.
Exhibit P4 THE TRUE COPY OF THE COMMON JUDGMENT IN
WA 937/2024 AND WA 943/2024 DATED
08/07/2024 OF THIS HON’BLE COURT.
2024:KER:80385
W.P.(C) No.21368/2024 & connected cases
: 151 :
APPENDIX OF WP(C) 26270/2024
PETITIONERS’ EXHIBITS:
Exhibit P1 A TRUE COPY OF THE KERALA CO-OPERATIVE
SOCIETIES (AMENDMENT) ACT, 2023 (ACT 9
OF 2024) BEARING NOTIFICATION NO.
142/LEG.H2/2022/ LAW DATED 07TH JUNE
2024 PUBLISHED IN THE GAZETTE.
2024:KER:80385
W.P.(C) No.21368/2024 & connected cases
: 152 :
APPENDIX OF WP(C) 26409/2024
PETITIONERS’ EXHIBITS:
Exhibit P1 TRUE COPY OF THE KERALA CO-OPERATIVE
SOCIETIES (AMENDMENT) ACT, 2023 (ACT 9
OF 2024) BEARING NOTIFICATION NO.
142/LEG.H2/2022/LAW DATED 07TH JUNE
2024 PUBLISHED IN THE GAZETTE.
2024:KER:80385
W.P.(C) No.21368/2024 & connected cases
: 153 :
APPENDIX OF WP(C) 28043/2024
PETITIONER’S EXHIBITS:
Exhibit -P1 A TRUE COPY OF THE KERALA CO-OPERATIVE
SOCIETIES (AMENDMENT) ACT, 2023 (ACT 9
OF 2024) BEARING NOTIFICATION NO.
142/LEG.H2/2022/ LAW DATED 07TH JUNE
2024 PUBLISHED IN THE GAZETTEExhibit -P2 TRUE COPY OF THE CIRCULAR NO. 62/2020
DATED 18.08.2020 ISSUED FROM THE OFFICE
OF THE 3RD RESPONDENTExhibit -P3 TRUE COPY OF THE GOVERNMENT ORDER
BEARING G.O.(RT) NO. 579/2020/CO-OP
DATED 06.11.2020Exhibit -P4 TRUE COPY OF THE GOVERNMENT ORDER
BEARING G.O.(RT) NO. 531/2023/CO-OP
DATED 11.09.2023Exhibit-P5 A TRUE COPY OF THE GOVERNMENT ORDER
BEARING G.O.(RT) NO.2/2024/CO-OP DATED
02.01.2024Exhibit -P6 TRUE COPY OF THE GOVERNMENT ORDER
BEARING G.O.(RT)NO. 80/2024/CO-OP DATED
07.02.2024Exhibit -P7 A TRUE COPY OF THE GOVERNMENT ORDER
BEARING G.O.(RT) NO. 201/2024/CO-OP
DATED 24.04.2024RESPONDENTS’ ANNEXURES:
ANNEXURE R1(a) TRUE PHOTOCOPY OF THE GUIDELINES ISSUED
BY THE MINISTRY OF FINANCE
No.F.1/1/2021-PPD DATED 29.10.2024.
2024:KER:80385
W.P.(C) No.21368/2024 & connected cases
: 154 :
APPENDIX OF WP(C) 29045/2024
PETITIONER’S EXHIBITS:
Exhibit P1 TRUE ENGLISH AND MALAYALAM COPY OF
GAZETTE NOTIFICATION DATED 07.06.2024
ISSUED THE LAW SECRETARY IN NO.
142/LEG.H2/2022/LAW.
Exhibit P2 A TRUE COPY OF THE G.O(GENERAL)
NO.201/2024/C.OP DATED 24.04.2024
ISSUED BY THE GOVERNMENT SECRETARY.