A K BHASKARAN Vs. JOSE JOSEPH
LAWS(KER)-2003-9-30
HIGH COURT OF KERALA
Decided on September 30,2003

A K Bhaskaran Appellant
VERSUS
JOSE JOSEPH Respondents

JUDGEMENT

- (1.) This appeal is against the judgment in W.P.(C) No. 27207 of 2003. The appellant was not a party to the said Writ Petition. He has filed this Writ appeal with the leave of the Court.
(2.) The Writ Petition was filed by the first respondent herein, Sri. Jose Joseph, President, Vazhithala Service Cooperative Bank Limited. The main prayer in the Writ Petition was for a direction to the third respondent in the Writ Petition (i.e. the Kerala State Cooperative Election Commission, Trivandrum) to appoint an Electoral Officer and a Returning Officer to conduct the election to the Managing Committee of the Bank on 19.10.2003 as requested for in Exts.P1 and P2. Ext. P1 is Resolution No. 10/196 dated 28.7.2003 of the Board of Directors of the Bank resolving to conduct election to the Board of Directors of the Bank on 19.10.2003 and to request the Kerala State Cooperative Election Commission to appoint an Electoral Officer and a Returning Officer for conducting the election. Ext. P2 is a letter dated 29.7.2003 of the Secretary of the Bank requesting the Kerala State Cooperative Election Commission to appoint the Electoral Officer and the Returning Officer. The first respondent filed the Writ Petition apprehending that the Kerala State Cooperative Election Commission would not take necessary action on Exts.P1 and P2. Taking note of the fact that the Joint Registrar of Cooperative Societies had already recommended the election, the learned Single Judge closed the Writ Petition with the observation that it will be appropriate for the Election Commission to act upon the recommendations of the Joint Registrar as also Exts.P1 and P2 and notify the election. Admittedly, the Kerala State Cooperative Election Commission has already notified the election to be held on 19.10.2003.
(3.) The appellant is a member of the Vazhithala Service Cooperative Bank Limited. He contends that the Board of Directors of the Bank passed Ext. P1 resolution when they received a notice under S.32(1) of the Kerala Cooperative Societies Act (hereinafter referred to as "the Act") proposing to supersede the Board of Directors. According to the appellant, the Board of Directors took a hasty decision to conduct the election on 19.10.2003 so that the preparations for the election including the preparation of the voters' list can be made by the Board of Directors before it is superseded. It is contended that it was unfair on the part of the Board of Directors to pass a resolution like Ext. P1 after receipt of a notice under S.32(1) of the Act proposing to supersede the Board of Directors.;


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