Judgment :- The elections to the Managing Committee of the Kothamangalam Co-operative Marketing Society Limited, the respondent No. I herein, are scheduled to be held on 19-3-1994 under the supervision of the Returning Officer who is the respondent No. 3 herein. The respondent No. 2 is the Joint Registrar of Co-opera live Societies. The re are about 2000 members who are expected to vote at the election. The petitioner is a candidate. It is undisputed that the list of members qualified to vote prepared under clause (b) of sub-rule (3) of Rule 35 of the Kerala Co-operative Societies Rules docs not specify the names of father or husband of the members so as to facilitate the identity of the voter. This is likely to prejudice the elections. Therefore the petitioner seeks a direction from this court that the Returning Officer shall refrain from proceeding with the elections with such a list of voters. 2. Two points have been urged by learned counsel for the petitioner: (i) Having regard to the judgment of this Court in O.P. No. 879 of 1.994-D the final list of voters which does not contain the detaits including the name of the father or husband and address of such members is invalid. (ii) The members listed in the final list cannot be considered as qualified to vote unless they possess the identity cards issued under Rules 16A and 16B. 3. If the voter's complete name is not mentioned it is difficult to identify who the member is. It is the statutory requirement of Rule 35 (b) that the list "shall specify the admission number, name of the member, name of the Father or Husband and the address of such member". Such specification is essential for the constitution of a credible list of members qualified to vole. The petitioner is right in his submission that in the absence of the requisite particulars elections are likely to be prejudiced, confusing in the process, the candidates, their agents and voters. In my opinion, the election cannot proceed on the basis of such a list. 4. The qualifications for admission as a member are laid down in S.16 of the Act and Rule 16 of the Rules. Possession of an identity card is not a pre-requisite for admission to membership.
In my opinion, the election cannot proceed on the basis of such a list. 4. The qualifications for admission as a member are laid down in S.16 of the Act and Rule 16 of the Rules. Possession of an identity card is not a pre-requisite for admission to membership. Rule 16A which provides for issue of identity cards enacts the evidentiary value of the identity card and not the qualification for admission to membership. That is why it is only "a person admitted as a member of a society" that shall be issued with an identity card. Admission as a member precedes the issue of identity cards. Therefore the petitioner is not right in his submission that unless identity cards are issued to members such members cannot be considered as members qualified to vote at the election. A member is qualified to vote by virtue of his status as member. The identity card is but evidence of membership for the purpose of receiving ballot paper. The identity card has been constituted "conclusive evidence" of his membership for the purpose of issue of a ballot paper. A member may not be able to vote without producing the identity card. But that docs not mean that he is not a member of the society. I therefore hold that possession of identity card issued under Rule 16A or 16B is not a necessary condition for acquisition of membership. 5. In view of my conclusion of point No. (i) above I partly allow this petition and make the following order: (i) The elections to the Managing Committee of the Kothamangalam Cooperative Marketing Society Limited, the respondent No.1 herein shall stand postponed to 16th April, 1994. (ii) The Returning Officer shall forward the final list of voters to the respondent No.1 before the 25th March 1994. The respondent No.1 shall complete the list of voters giving all the particulars of the members and send it to the Returning Officer before the 5th April 1994. (iii) Upon receipt of the list so corrected the Returning Officer shall proceed to hold the elections, on 16th April 1994.