2025:KER:27607 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN TUESDAY, THE 1ST DAY OF APRIL 2025 / 11TH CHAITHRA, 1947 WP(C) NO. 7767 OF 2025 PETITIONERS: 1 N. BASURANGAN AGED 71 YEARS MEMBER NO.570, S/O. NARAYANAN, RESIDING AT BHASURA, PONGUMOODU, THIRUVANANTHAPURAM DISTRICT, PIN – 695 011. 2 JAYACHANDRAN K. AGED 67 YEARS MEMBER NO.735, S/O. K. KAMALAMMA, RESIDING AT MADATHIL HOUSE, ARUVIKKARA, THIRUVANANTHAPURAM DISTRICT, PIN – 695 564. 3 C. THILOTHAMA AGED 61 YEARS MEMBER NO.2654, W/O. MURALEEDHARAN, NOW RESIDING AT MAGIC HUT, CHEENIVILA P.O., THIRUVANANTHAPURAM, PIN – 695 512. 4 KOMALA KUMARI T. AGED 70 YEARS MEMBER NO.1065, D/O. THANKAMMA, NOW RESIDING AT T.K. MANDIRAM, MELARIYODE P.O., RODARIKATH, PUTHENVEEDU, THIRUVANANTHAPURAM DISTRICT, PIN – 695 512. 5 SULOCHANA A. AGED 70 YEARS MEMBER NO.3667, W/O. CHALLATHAMBI, RESIDING AT IRATTAVILAKATH HOUSE, ANAMAN, THIRUVANANTHAPURAM, PIN – 695 512. 2025:KER:27607 WP(C) NO.7767 OF 2025 2 BY ADVS. NISHA GEORGE ALEX ABRAHAM ARUN KRISHNA DHAN ARJUN SREEDHAR HARIKRISHNAN P.B. ANSHIN K.K GEORGE POONTHOTTAM (SR.) RESPONDENTS: 1 THE STATE CO-OPERATIVE ELECTION COMMISSION 3RD FLOOR, CO BANK TOWERS, VIKAS BHAVAN P.O., THIRUVANANTHAPURAM, REPRESENTED BY ITS SECRETARY, PIN – 695 033. 2 DEPUTY DIRECTOR DEPARTMENT OF DAIRY DEVELOPMENT, DAIRY DIRECTORATE, PATTOM PALACE P.O., THIRUVANANTHAPURAM, PIN – 695 004. 3 THE DAIRY EXTENSION OFFICER DAIRY EXTENSION SERVICE UNIT, NEMOM BLOCK PANCHAYATH OFFICE, MALAYINKIL P.O., THIRUVANANTHAPURAM, PIN – 695 571. 4 THE MARANALLOOR KSHEEROLPADHAKA SAHAKARANA SANGAM LTD NO. T 3994 (D) APCOS MARANALLOOR, KOOVALASHERRY P.O., THIRUVANANTHAPURAM, REPRESENTED BY ITS SECRETARY, PIN – 695 512. 5 PART-TIME ADMINISTRATOR THE MARANALLOOR KSHEEROLPADHAKA SAHAKARANA SANGAM LTD NO. T 3994 (D) APCOS, MARANALLOOR, KOOVALASHERRY P.O., THIRUVANANTHAPURAM, PIN – 695 512. SRI. P.V.BABY SRI. C.M NAZAR – SC SRI. P.P THAJUDHEEN – SPL. GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2025:KER:27607 WP(C) NO.7767 OF 2025 3 JUDGMENT The petitioners are the erstwhile Managing Committee members of the 4th respondent Society. The term of the Managing Committee expired on 01.01.2025. Prior to the expiry of the term, the Managing Committee convened a meeting on 08.10.2024 and resolved to conduct election to the Managing Committee on 28.12.2024, as per Ext.P2. However, the State Co-operative Election Commission rejected Ext.P2 by Ext.P3 stating that the application accompanying the resolution was not signed by the elected President of the Society. According to the petitioners, Ext.P3 is not legally 2025:KER:27607 WP(C) NO.7767 OF 2025 4 sustainable since the application has been signed by the President in charge of the Society. 2. On expiry of the term of the Managing Committee on 01.01.2025, the 2nd respondent issued Ext.P6 order appointing a part time Administrator for administering the affairs of the Society and the 5th respondent, part-time Administrator was directed to take steps for the conduct of election in terms of Rule 35A of the Kerala Co-operative Societies Rules, 1969 (for short, ‘the Rules’) within six months. 3. The grievance of the petitioners is that so far no steps have been taken by the 5th respondent for the conduct of election. Accordingly, this writ petition is filed for direction to the 2nd respondent to issue appropriate 2025:KER:27607 WP(C) NO.7767 OF 2025 5 direction to the 5th respondent to adopt resolution for holding election to the Managing Committee of the 4th respondent Society within a period of thirty five days and entrust the administration of the Society with the elected Managing Committee. 4. Heard Sri.George Poonthottam, the learned Senior Counsel for the petitioners, Sri.C.M.Nazar, the learned counsel for the 1st respondent, Sri.P.P.Thajudheen, the learned Special Government Pleader for respondents 2 and 3 and Sri.P.V Baby, the learned counsel for the 4th respondent. Though service is complete, there is no appearance for the 5th respondent. 5. Rule 35A(1) of the Rules provides that the Committee shall meet at least sixty days 2025:KER:27607 WP(C) NO.7767 OF 2025 6 prior to the date of expiration of its term and pass a resolution fixing the date, time and place for the conduct of the election to the new Committee. Though Ext.P2 resolution was passed, the same was not accepted by the 1st respondent. Later, the term of the Committee expired on 01.01.2025 and by Ext.P6, the 5th respondent was appointed for the administration of the Society. 6. The legislative intention that would reflect from Rule 35A(1) of the Rules is that the affairs of the Society shall be administered by democratically elected representatives. The statute provides for time limit within which resolution to be passed for the conduct of the election to the new Managing Committee. 2025:KER:27607 WP(C) NO.7767 OF 2025 7 This Court in A.K.G Memorial Co-operative P.D Society Ltd. v. Joint Registrar [1992 (1) KLT 822 : 1992 KHC 161] has held that though the passing of resolution for conduct of election is mandatory, the period of sixty days mentioned under Rule 35(1) (as the provision stood then) is not mandatory. 7. In the facts and circumstances of the case, there will be a direction to the 5th respondent to adopt resolution in terms of the Rule 35A of the Rules for holding election to the Managing Committee of the 4th respondent Society within a period of ten days from the date of receipt of a copy of this judgment. A copy of resolution shall be forwarded to the State Co-operative Election Commission by Registered 2025:KER:27607 WP(C) NO.7767 OF 2025 8 Post and steps shall be taken by the Commission to conduct election within forty days from the date of receipt of the resolution. The writ petition is disposed of with the above direction. Sd/- MURALI PURUSHOTHAMAN JUDGE SPR 2025:KER:27607 WP(C) NO.7767 OF 2025 9 APPENDIX PETITIONER’ S EXHIBITS :- EXHIBIT P1 A TRUE COPY OF THE RESOLUTION DATED 20.12.2023 TAKEN BY THE MANAGING COMMITTEE OF THE 4TH RESPONDENT. EXHIBIT P2 TRUE COPY OF THE RESOLUTION OF THE MANAGING COMMITTEE ALONG WITH THE REQUISITE PROFORMAS. EXHIBIT P3 A TRUE COPY OF THE ORDER NO. E(2)5420/2024-SCEC DATED 19.11.2024 BY THE 1ST RESPONDENT. EXHIBIT P4 A TRUE COPY OF THE LETTER DATED 27.11.2024 SUBMITTED BEFORE THE 1ST RESPONDENT WITH ENCLOSURES. EXHIBIT P5 A TRUE COPY OF THE REQUEST LETTER DATED 16.12.2024 SUBMITTED BEFORE THE 2ND RESPONDENT WITH ENCLOSURES. EXHIBIT P6 TRUE COPY OF THE ORDER DATED 01.01.2025 ISSUED BY THE 2ND RESPONDENT. RESPONDENT S EXHIBITS : NIL.