- (1.)This is ah appeal preferred against the judgment of the learned Single Judge in O.P. No. 10687 of 1992 dated 14-12-1992 by which the Writ Petition was dismissed. The matter relates to election to a cooperative society. The contention of the writ petitioner appellant is that 50 persons had obtained membership within sixty days from the date of election, and therefore they ought not to have been allowed to vote. The learned Single Judge found that the admission of the said fifty persons was not within sixty days from the date of election, and that therefore their inclusion in the voters' list and their participation in the election were valid. A point was however raised before the learned Single Judge that the share-capital was not fully paid by these fifty persons on the date on which they made their applications for admission and they were permitted to pay the share-capital in instalments under the bye law of the society and that therefore unless all the instalments were paid well before the prohibited period of sixty days before the date of election, they would not be entitled to be admitted as members. This contention was rejected by the learned Single Judge. This appeal is preferred against the said judgment.
(2.)The following are the facts. The above said fifty persons submitted their applications for membership on 4-1-1992, and paid Rs. 1/- towards application form and Rs. 14/- towards partial subscription for the share-capital. Each of them paid the remaining Rs. 36/- on 28-7-1992. In so far as their admission as members is concerned, resolution admitting them as members was even passed on 4-1-1992 itself. Election notification was issued on 31-7-1992 as per Ext. P3 fixing the date of election as 16-9-1992. Objections were filed by the petitioner as per Exts. PI and P2 on 7-8-1992, but the same were rejected and Preliminary Voters' List was published and the came was finalised and election, which was scheduled to take place on 16-9-1992 was postponed and elections were held on 29-11-1992. As stated earlier, the application fee of Rs. 1/- and Rs. 14/- towards share capital were paid on 4-1-1992, and the balance of the share-capital was paid on 28-7-1992 by each of these fifty persons.
(3.)According to the learned counsel for the appellant, all the fifty persons would be entitled lobe admitted as members only on or after 28-7-1992, when they paid the entire share capital, and that unless the said date is out of sixty days from the date of election, the admission of the said members is violative of R.26 of the Kerala Cooperative Societies Rules, and is therefore invalid.
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