IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A. WEDNESDAY, THE 2ND DAY OF APRIL 2025 / 12TH CHAITHRA, 1947 WP(C) NO. 13452 OF 2025 PETITIONER: PRETHEESH.B AGED 44 YEARS S/O BAHULEYAN, AARAMAM, MUNDAYIL, VARKALA, THIRUVANANTHAPURAM, PIN - 695141 BY ADVS. B.S.SWATHI KUMAR ANITHA RAVINDRAN MIDHUN SOMAN RESPONDENTS: 1 KERALA STATE CO-OPERATIVE ELECTION COMMISSION 3RD FLOOR, CO-BANK TOWERS, VIKAS BHAVAN, THIRUVANANTHAPURAM REPRESENTED BY ITS SECRETARY, PIN - 695033 2 CENTRAL GOVERNMENT EMPLOYEES & WORKERS CO-OPERATIVE CREDIT SOCIETY LTD.NO. T. 1413 TRRWA-29, TEMPLE ROAD, SASTHAMANGALAM, THIRUVANANTHAPURAM REPRESENTED BY ITS CONVENOR, ADMINISTRATIVE COMMITTEE, PIN – 695010 BY ADV C.M. NAZAR, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2025:KER:27942 WP(C) NO. 13452 OF 2025 2 JUDGMENT This writ petition is submitted by the petitioner, who claims to be A Class member of the 2nd respondent Society, seeking the following reliefs: “i) to declare that Ext.P1 is legally unsustainable since it does not mention the name of the Society to which election is to conducted and that the publication is not as per the provisions of the Rules rendering it unsustainable and liable to be interfered; ii) issue a writ of certiorari or any other appropriate writ, order or direction calling for the records leading to Ext.P1 and quash the same; iii) dispense with filing of the translation of vernacular documents; iv) such other appropriate writ order or direction as this Honourable Court may deem fit and proper to meet the ends of justice.” 2025:KER:27942 WP(C) NO. 13452 OF 2025 3 Thus, the basic challenge is against Ext.P1 notification issued by the 1st respondent Commission, by which the election to the 2nd respondent Society was notified. The main reason for challenging Ext.P1 is that, Ext.P1 notification does not specifically provide the name of the Society and therefore, the said notification cannot be treated as a notification issued in compliance of the statutory requirements contemplated under the Kerala Co operative Societies Act and the Rules framed thereunder. It was also pointed out that the details regarding the Electoral Officer appointed, which is a mandatory requirement as contemplated in Rule 35A(4) of the Kerala Cooperative Societies Rules, are not also incorporated in the notification. The reliefs as referred to above were sought in such circumstances. 2. I have heard Sri.Swathi Kumar B.S., learned Counsel for the petitioner and Sri.C.M. Nazar, learned Standing Counsel for 2025:KER:27942 WP(C) NO. 13452 OF 2025 4 the 1st respondent. 3. As far as the challenge raised against Ext.P1 is concerned, the same has to be considered, in the light of the statutory stipulations contained in Rule 35A of Kerala Cooperative Societies Rules. Sub Rule 3 of Rule 35A contemplates for the notification to be published for conducting the election which reads as follows: “(3) The State Election Commission shall notify the details of election to the committee of the society, in two vernacular dailies having wide circulation in the area. A copy of the information shall also be affixed on the Notice Board of the head office and the branches, if any, of the Society. The notification shall contain the following particulars: (i) The number of vacancies to be filled up by election; (ii) Any area or constituency that is specified in the bye-laws from which members are to be elected; iii) The date on which and the place at which the preliminary notification of the list of members qualified to vote as the voter shall be published; 2025:KER:27942 WP(C) NO. 13452 OF 2025 5 (iv) The dates between which objections shall be filed and the date on which, the hours between which, and the place at which, the objections, if any, shall be scrutinized; (v) The date on which, and the place at which, the final voters list shall be published. (vi) The date on which, the place at which, and hours between which nomination paper shall be filed by the contesting candidate or by his proposer or seconder; (vii) The date and hour when the nomination paper will be scrutinised; (viii) The date on which, the place at which and the hours between which, polling if necessary will take place.” Going by the stipulations contained therein, it can be seen that, it provides for publication of the details of the election to the Committee of the Society in two vernacular dailies having wide circulation in the area. Apart from the above, the copy of the permission shall also be affixed on Notice Board of the Head Office and branches, if any, of the Society. The particulars to be included 2025:KER:27942 WP(C) NO. 13452 OF 2025 6 in the said notification are also specifically contemplated under the clauses (i) to (viii) in Sub Rule 3 of Rule 35A of the Co-operative Societies Rules. As far as the name of the Society is concerned, it is to be noted that, even though the name is specifically not mentioned at the beginning of the notification, it is discernible from Ext.P1 that the name is specifically mentioned conspicuously, in the said notification. 4. The purpose of the notification is to enable the parties interested in the election, to take necessary steps regarding the same or point out any irregularities or illegalities in the said notification. Therefore, all the details which are required to be incorporated in the said notification, should be there in the said notification. Such a notification should clearly convey the identity of the Society to which the election is proposed to be held. The main contention of the petitioner is that, the name of the Society is not mentioned in the notification. However, in Ext.P1, as observed above, the name is 2025:KER:27942 WP(C) NO. 13452 OF 2025 7 mentioned in a conspicuous part of the said notification. Evidently, the petitioner is not satisfied with the mentioning of the name of the Society at the bottom of the notification, instead of specifying the same at the beginning of the notification. However, in the Cooperative Societies Act or in the Rules framed thereunder, no specific format is prescribed for a notification. What is contemplated in Sub Rule 3 of Rule 35A is that the Election Commission shall notify the details of election to the Committee of Society and such details are also specified therein. Therefore, so long as all the details which are required to be included as per the Sub Rule 3 of Rule 35A are there in the notification, it cannot be held that the notification is insufficient. Besides, as observed above, the name of the Society is specifically mentioned, and therefore, a person who comes across the notification can identify the Society, without any confusion. Therefore, the purpose sought to be achieved by way of the notification, as envisaged in Sub Rule 3 2025:KER:27942 WP(C) NO. 13452 OF 2025 8 of Rule 35A of Kerala Co-operative Rules, is achieved through the notification in the form of Ext.P1. Therefore, I do not find any justifiable reasons to entertain the contention raised by the petitioner in this regard. 5. The next contention raised by the learned Counsel for the petitioner is that, the Sub Rule 4 of Rule 35A provides for the appointment of an Electoral Officer from among the officers of the concerned Administrative Department before sixty days of the proposed election. The learned Standing Counsel made available the notification published on the Notice Board of the head office of the Society and the branches thereof, wherein the details of the Electoral Officer are specifically mentioned. Of course, it is true that, the said details are not there in Ext.P1. However, as mentioned above, the details which are to be incorporated in the notification under Rule 35A(3) are clearly specified in the said Sub Rule itself, and it does not include the details of the Electoral Officer. 2025:KER:27942 WP(C) NO. 13452 OF 2025 9 Therefore, I am of the view that, the lack of details of appointment of an Electoral Officer, cannot be a reason to interfere with Ext.P1 election notification. Thus, after considering all the relevant aspects and perusing the statutory provisions as referred to above, I do not find any grounds to interfere with the election process commenced on the basis of Ext.P1 notification. Accordingly, this writ petition is dismissed. Sd/- ZIYAD RAHMAN A.A. JUDGE scs/pkk 2025:KER:27942 WP(C) NO. 13452 OF 2025 10 APPENDIX OF WP(C) 13452/2025 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE ELECTION NOTIFICATION PUBLISHED IN DESABHIMANI DAILY DATED 22-3-2025 Exhibit P2 TRUE COPY OF THE ELECTION NOTIFICATION NO. O1/1272/2024/E(2)SCEC DATED 25-9- 2024 ISSUED BY THE 1ST RESPONDENT. Exhibit P3 TRUE COPY OF THE ELECTION NOTIFICATION NO. O1/180/2025/E(2)SCEC DATED 21-3- 2025 ISSUED BY THE 1ST RESPONDENT.