The petitioners in the above writ petitions have approached this Court in the wake of an election; to the Peramangalam Service Co-operative Society Bank Limited. W.P(C) No.26042/2014 is filed by a member who seeks consideration of an application filed by him before the Joint Registrar and action to be expedited under Rule 16(4) of the Kerala Co-operative Societies Rules, 1969(for short the Rules). W.P(C) No.30191/2014 has been filed by the President of the Bank, challenging the temporary postponement of the election. 2. Ext.P1 was the notification issued for conduct of an election, which was scheduled on 29.11.2014. The same was temporarily postponed on the complaint made by the additional 7th respondent, which is produced as Ext.R7(a). The additional 7th respondent had specifically made a complaint about the disability of certain persons included in the voters list to be continued as members. The list is evident in Ext.R7(a).
3. The election Commission, interdicted the election as per Ext.P3 and adjourned the elections so as to look into the complaint made by the additional 7th respondent. The Election Commissions' action was pursuant to a report filed by the Assistant Registrar, on the complaint which was forwarded to the said officer. Normally, this Court would not have entertained the vague allegations made in Ext.R7(a). However, it is to be noticed that even prior to the notification, W.P(C) 26042/2014 was filed by one of the petitioners and a list of ineligible members at Ext.P2 was produced in the said writ petition, which the said member had filed before the Joint Registrar (General). Altogether about 1800 members are said to be ineligible to exercise their franchise. The petitioner in W.P(C) No.26042/2014 and the additional 7th respondent would also contend that there was massive enrollment of members, just prior to the date notified for election. It is also an admitted fact that the term of the Managing Committee is coming to an end on 06.12.2014. Hence, definitely an Administrator or Administrative Committee will have to take charge and only then, could the election proceedings be expedited.
4. In the circumstance of the allegations and counter allegations made, it is directed that the Joint Registrar(General) shall appoint an officer of the Department as the Administrator. The Joint Registrar (General) shall also ensure that the Administrator with all expediency look into the preparation of the voters list, after issuing notice to the members pointed out in Ext.R7(a) and Ext.7(c) in W.P(C) 30191/2014 and Ext.P2 in W.P(C) No.26042/2014.
Respective complainants being the additional 7th respondent and the petitioner in W.P(C)26042/2014 shall remit the amounts required for sending registered notices to the said members, before the Administrator so appointed. The Joint Registrar shall ensure that the Administrator appointed expedite the preparation of the voters list within a period of one month and also ensure that the resolution is taken to facilitate the newly elected committee to come to office within a period of six months from today.
Writ petition is disposed of.
Sd/-
(K. VINOD CHANDRAN, JUDGE) jma //true copy// P.A to Judge