Co-operative Societies have become arena of rivalries between political parties: Kerala High Court

The Kerala High Court recently observed that co-operative societies in the state have fallen victim to politicisation and that elections to the societies have become nothing more than just another political battlefield [Shibily Sahib & Ors. v Joint Registrar of Co-operative Societies & Ors.]..A Division Bench of Justices PB Suresh Kumar and CS Sudha observed that political rivalries within co-operative societies have had an unfortunate impact on the societies themselves as well as on the confidence reposed in such institutions by citizens."The litigation that comes up before this Court indicate that majority of the co-operative institutions in the State are victims of politicisation in a sense that they are being used as levers of political power, and elections to co-operative societies have become an arena of rivalries between political parties. It is on account of such politicisation that the societies lack positive philosophy, ethos of co-operation and also modern practices of professional management which ultimately lead to bad debts and losses, thereby eroding the faith of the people in co operative institutions," the Court observed in its order..The Court was considering an appeal against an interim order passed by a single-judge directing the Managing Committee of the fourth respondent, a co-operative society, to hold an election within sixty days from January 25. The petitioners themselves preferred the appeal contending, inter alia, that arrangements were being made to sabotage the election by causing obstruction to the voters.After a few hearings, it was decided that the elections would be conducted on May 14 and a notification to that effect was issued.Meanwhile,the High Court allowed a petition which sought police aid to ensure that the process of election is not obstructed by some persons with political affiliations.The Court also directed the Election Commission to video-graph the entire polling process and appointed an advocate commissioner to oversee the election and file a report. .Although arrangements were made for holding the election as scheduled, the polling was allegedly obstructed by the violent supporters of the candidates, with the support of political parties, as a result of which the election had to be postponed.The petitioners contended that the incidents at the polling booth could have been prevented had the police not stood by as mute spectators, possibly to appease the political forces, especially that of the ruling front. .The Court concurred with the petitioners after watching a video of the incidents and from the reports filed by the advocate commissioner and the Election Commission."The case on hand is an illustrative one of the evil effect of the politicisation of co-operative societies. But for the rivalry between political parties, we do not find any reason why a group of people should go to the horrid extent of indulging in an unlawful activity in the nature of rioting, so as to prevent holding of an election in a co-operative society, that too, one conducted as directed by this Court with police aid," the Court said. .The Court did not take kindly to its orders not being implemented or to the State Police's conduct at the polling booths, its decision to station only a few officers, and its inability to control the mob effectively."...in a case of this nature, when the Police were informed by the Returning Officer himself that there would be law and order issues on the date of polling, the Police ought to have, by all means, taken necessary steps for the smooth conduct of the election. We are unable to believe that the Police force in the State is incapable of providing aid for the smooth conduct of an election to a co-operative society. If we assume the contrary, we will have to hold that the Police force in the State is incapable of maintaining law and order", the Court said. .Taking a serious view of the matter, the Court issued a slew of directions including to conduct an enquiry into the incident. Further, it directed the Election Commission to notify polling of a fresh election after consulting the Director General of Police, who has been directed to ensure smooth sailing at the next polls. .Senior Advocate George Poonthottam appeared for the petitioners, Advocate General Gopalakrishna Kurup K appeared for the official respondents and standing counsel R Lakshmi Narayan appeared for the Election Commission..[Read Order].Follow Bar and Bench channel on WhatsAppDownload the Bar and Bench Mobile app for instant access to the latest legal news.