Antony Dominic, J. 1. W.A.228/14 is filed against the judgment in W.P(C).
30290/13 and W.A.Nos.362/14 and 431/14 are filed against the judgment in W.P(C).30850/13. Both writ petitions are disposed of by the learned single Judge by a common judgment dated 27.1.2014.
2. The issue raised in W.A.228/14 is regarding the membership of 286 persons on the rolls of the first respondent society who were enrolled by the Administrative Committee. In so far as these persons are concerned, learned single Judge held that having been enrolled by the Administrative Committee, they have to be removed from the rolls of the society. This conclusion of the learned single Judge is consistent with the principles laid down by the Apex Court in Joint Registrar of Co-operative Societies v. T.A.Kuttappan [(2000) 6 SCC 127] and therefore, does not call for any interference.
WA.228/14 & con. cases 2
3. In so far as W.A.Nos.362/14 and 431/14 are concerned, the issue raised is whether the Electoral Officer is competent to decide on the eligibility of 77 members for membership on account of allegation of dual membership. In this regard, learned single Judge held that the Electoral Officer is incompetent to decide the issue. Though it is contended by the learned counsel for the appellants that under Rule 27 of the Kerala Co-operative Societies Rules, 1969, the Electoral Officer is competent, that contention cannot be accepted in the light of the judgments of this Court in Natarajan v. Returning Officer [1997 (2) KLT 253], Ambatt Asokan v. Oochira Service Co- operative Bank Limited [2008 (3) KLT 645] and Subhash v. Joint Registrar of Co-operative Societies [2010 (1) KLT 352], which judgments have been followed by the learned single Judge.
Resultantly, the judgment under appeal does not merit interference. Appeals fail. They are accordingly dismissed. Sd/-
ANTONY DOMINIC, Judge.
Sd/-
ANIL K.NARENDRAN, Judge.
kkb.
/TRUE COPY/ WA.228/14 & con. cases 3 PS TO JUDGE