Authority: High Court of Kerala at Ernakulam

Order Date: 25 September 2023

Case Overview

  • Petitioners: K. Anilkumar (age 59, Member No.20130) and five other co‑operative members (including A. Gokulendran, B. Shanul Hameed, Abdulmanaf, Varghege Daniel, K. Balakrishnan Nair, K. Anil) filed writ petitions WP(C) No.29886 of 2023 and WP(C) No.30314 of 2023 respectively.
  • Respondents: State Co‑operative Election Commission (represented by Secretary to Commission), Electoral Officer, Returning Officer, Managing Committee (President), the Primary Co‑operative Agricultural and Rural Development Bank Ltd (Q.390) (represented by its Secretary), and the Registrar of Co‑operative Societies (G).
  • Core Issue: Validity of Condition No.23(1) of the Society’s bye‑laws, which restricts the right to contest the election to members who have subsisting loans with a tenure of three years or more.
  • Petitioners’ Argument: The condition contravenes the explanation to Rule 35A(4) of the Kerala Co‑operative Society (KCS) Rules, which states that every ‘A’ class member who has subscribed to the minimum share value prescribed in the bye‑laws is eligible to vote and contest; any additional restriction should be void.
  • Respondents’ (Senior Counsel George Poonthottam) Counter‑argument: Citing Rule 44(1)(j) of the KCS Rules, the restriction is a permissible disqualification under the Society’s bye‑law.
  • Procedural Context: Interim orders were previously passed on 12 September 2023 (WP(C) No.29886) and 15 September 2023 (WP(C) No.30314). The nomination deadline was 26 September 2023; denial of candidacy would cause irreparable injury.
  • Exhibits attached to the petitions included:
  • Exhibit P1 – True copy of Election Notification No. OI/1538/2023/E (2) dated 2 September 2023 issued by the State Co‑operative Election Commission.
  • Exhibit P2 – True copy of the relevant page of the amended and approved Bye‑law Clause No.23(1) of the Fifth Respondent Society.
  • Exhibit P3 – True copy of the judgment in Chandran K.M. v. State Co‑operative Election Commissioner and Others (2019 (4) KHC 308).
  • Exhibit P4 – True copy of the interim order dated 12 September 2023 in WP(C) No.29886/2023 (applicable to WP(C) No.30314/2023 as well).

Final Outcome

  • Justice Sathish Ninan held that the petitioners’ contentions have prima facie merit and therefore the court will not vacate the interim orders dated 12 September 2023 and 15 September 2023.
  • The election results may be declared, but such declaration will be provisional and subject to further orders in the pending writ petitions.

Topics: Co‑operative Election Governance, Banking Bye‑law Disqualification