TaxTMI 
TaxTMI 
2018 (4) TMI 2027
X X X X Extracts X X X X
X X X X Extracts X X X X
...., Mr. Vijaya Mohan V., Adv., Mr. V. K. Biju, AOR, Mr. Renjith Thampan, AAG, Kerala, Mr. C. K. Sasi, Adv., Ms. Nayantara Roy, Adv., Mr. Manukrishnan G., Adv. And Mr. Himinder Lal, AOR JUDGMENT KURIAN, J.: SLP (C) No. 15765 OF 2017 and SLP (C) Nos.15768-15772 OF 2017 1. Leave granted. 2. Whether the High Court, in exercise of its power under Article 226 of the Constitution of India could have extended the statutory period, within which an Election Petition under the Kerala Cooperative Societies Act, 1969 (in short, "the Act") should have been entertained, is the legal question arising for consideration in these appeals. 3. The dispute pertains to the election to the Thiruvalla East Cooperative Bank Ltd. (hereinafter referred to as, "Cooperative Society"). Writ Petition (C) No. 34019 of 2016 and other connected matters filed before the High Court of Kerala pertain to the election to the Cooperative Society. The prayers in the writ petition read as follows :- "i) Issue a writ of certiorari, or other appropriate writ, order or direction to quash Ext. P3 election notification, Ext. P4 preliminary voters list, and Ext. P9 final voters list. ii) To direc....
X X X X Extracts X X X X
X X X X Extracts X X X X
.... 2. There is no hesitation for us to hold that the statutory provision contained in Section 16A(1)(b) of the Kerala Co-operative Societies Act has been misconstrued by the electoral officer. The same reads as follows: "16A. Ensuring participation of members in the management of societies :- (1) no member shall be eligible to continue to be a member of a co-operative society if he, (a) is not using the services of the society for two consecutive years or using the services below the minimum level as may be prescribed in the rules or the bye-laws; (b) has not attended three consecutive general meetings of the society and such absence has not been condoned by the members in the general meeting." Thus only members who have not attended at least any one of the three consecutive general body meetings of the society are alone ineligible to continue as a member of the Co-operative Bank. The exclusion of 583 members from the preliminary voters list in the final voters list on the basis of the misinterpretation of the statutory provision is prima facie illegal. 3. An Annual General Body Meeting has obviously to be convened for the....
X X X X Extracts X X X X
X X X X Extracts X X X X
....ment dated 05.12.2016. The Judgment took note of the fact that the writ petitions were pending before the High Court and it was only appropriate that the writ petitions be disposed of on merits. It was specifically made clear that "all contentions raised by the writ petitioners are left open before the High Court." It was also noted in the Judgment that elections have been conducted on 05.11.2016 and 13 members have been elected to the Managing Committee and, therefore, this Court permitted the said Committee to continue in office subject to final orders passed in the writ petitions. It was also made clear that the Committee shall not take any policy decisions. Paragraphs 5 and 6 of the Judgment dated 05.12.2016 read as follows :- "5. Though several contentions are taken by the parties, we do not propose to go into the merits of the matter since the writ petitions are pending before the High Court. Since, by the time this Court passed the order dated 11.11.2016, a Managing Committee had already been elected on 5.11.2016, we dispose of these appeals permitting the Committee elected on 5.11.2016 to manage the affairs of the Society for the time being, on a provisional basis ....
X X X X Extracts X X X X
X X X X Extracts X X X X
....ss it is referred to it within one month from the date of the election." 8. The Division Bench, however, was of the view that since the writ petitioners had approached the High Court prior to the election and since by way of an interim order, the election was permitted to be conducted as scheduled making it subject to the result of the writ petitions and also Section 69 of the Act, it is only appropriate that while relegating the parties to the Arbitration Court trying the election dispute, a further period of thirty days be granted. 9. Whether, in view of the statutory period prescribed under Section 69(3), the High Court could have extended the period, is the question. 10. Article 243ZK of the Constitution of India, which provides for Election of Members to the Managing Committee of a Cooperative Society, reads as follows :- "(1) Notwithstanding anything contained in any law made by the Legislature of a State, the election of a board shall be conducted before the expiry of the term of the board so as to ensure that the newly elected members of the board assume office immediately on the expiry of the office of members of the outgoing board. (2) The super....