Keethedathu Assainar v. Joint Registrar of Co-Operative Societies (General)
2019-09-23
ANU SIVARAMAN
body2019
DigiLaw.ai
JUDGMENT : These Writ Petitions are filed seeking directions to the respondents to conduct the election to the Committee of the third respondent Society on 29.9.2019 at the premises of the Kamaliyya Madrassa UP School, Irikkur. 2. It is submitted that the elections to the Managing Committee have habitually been conducted in the Kamaliyya Madrassa UP School, Irikkur and that the present notification for conduct of the election at Chedicherry Desamithram UP School is causing much difficulty to the members of the Society, who are residing in the Irikkur area. It is submitted by the learned counsel for the petitioner that the action of the respondents in notifying election at Desamithram UP School, Chedicherry is with ulterior motives and is intended to help certain candidates in the election. It is submitted that an application had been preferred by the members of the Society before the State Co-operative Election Commission pointing out that it would be difficult for the members of the Society residing in the Irikkur area to participate in the elections if the same are held at Chedicherry. However, no steps have been taken thereon. 3. The learned Standing Counsel appearing for the State Co-operative Election Commission would contend that a proposal for conducting election with venue as the Chedicherry Desamithram U.P.School had been duly received by the Commission and that the election had been notified as early as on 8.8.2018. It is submitted that about 2900 members of the Society are residing within the Chedicherry area and that the elections being held in the present venue is advantageous to most of the members of the Society. It is further contended that a complaint had been received only long after the notification of the elections and that as such, no action could be taken on the same since the election had been proceeded on the basis of the notification. 4. It is submitted by the learned counsel for the third respondent that there was no complaint raised as against the election notification and no request has been submitted before the Society before the notification was issued. 5. The learned Government Pleader would also submit that the challenge to the election notification, specifically as to the venue, is belated since the notification is dated 8.8.2019 and that all steps have been taken to conduct the election as notified.
5. The learned Government Pleader would also submit that the challenge to the election notification, specifically as to the venue, is belated since the notification is dated 8.8.2019 and that all steps have been taken to conduct the election as notified. It is submitted that the seventh respondent has offered only two rooms for the conduct of the elections while the Desamithram UP School, Chedicherry has offered seven rooms which are required for the conduct of the elections. It is stated that the Society has more than 5000 members and the election could not be conducted in the two rooms as offered by the seventh respondent. It is therefore stated that the proposal to conduct election had been set up with the present venue as the venue of the elections and the same had already been notified. It is also submitted that the contention that the present venue is not convenient to the members of the Society is completely unfounded and that more than one half of the members of the Society are residing in the Chedicherry area. 6. The learned counsel for the seventh respondent in W.P.(C) No.24805 of 2019, who is the Headmistress of the Kamaliyya Madrassa UP School, submits that the seventh respondent is ready and willing to offer the premises of the school for the conduct of the election. 7. I have considered the contentions advanced. The elections are scheduled to be conducted on 29.9.2019 at the Desamithram U.P.School, Chedicherry. The notification is dated 8.8.2019. The learned counsel for the petitioner in W.P.(C) No.24805 of 2019 would contend that the notification has not given wide publicity. It is submitted that only 1014 members of the Society are residents of the Chedicherry area and that the majority of the members are staying in the vicinity of the seventh respondent school. 8. Having considered the contentions advanced, I am of the opinion that the factual aspects with regard to the choosing of the venue for the conduct of an election to the committee of a Co-operative Society is not a matter for this Court to consider in exercise of its jurisdiction under Article 226 of the Constitution of India. In any view of the matter, since the notification was issued as early as on 8.8.2019, I am unable to accept the contention of the petitioner that the petitioners remained unaware of the venue as notified till 3.9.2019.
In any view of the matter, since the notification was issued as early as on 8.8.2019, I am unable to accept the contention of the petitioner that the petitioners remained unaware of the venue as notified till 3.9.2019. The Election Commission has been approached only on 16.9.2019. The Commission has taken a specific stand that the venue is convenient for the conduct of the election. In the above view of the matter, I am of the opinion that the prayers sought for in these Writ Petitions cannot be granted. These Writ Petitions fail and the same are accordingly dismissed.