In Trial Of Election Petition Under Kerala Co-operative Societies Act, Tribunal Has To Follow, As Nearly As May Be, Procedure As Applicable To Suits Under CPC : Kerala High Court

The challenge in the Writ Petition was made to the orders passed by the Co-operative Arbitration Court, Thiruvananthapuram.

The Single Bench of Justice K.Babu explained, “In the trial of an election petition, the Tribunal or the Court concerned is bound to follow, as nearly as may be, the procedure as applicable to the trial of suits under the Code of Civil Procedure, 1908. As per Section 70(3) of the Kerala Co-operative Societies Act, 1969 (for short ‘the Act’) the Co-operative Arbitration Court shall have the same powers as are vested in a Civil Court while trying a suit. As per Section 70(3)(ii) of the Act, the Arbitration Court can invoke the provisions of Order XI Rule 14 of the Code of Civil Procedure.”

Advocate P.V. Baby represented the Petitioner, while Standing Counsel C. M. Nazar represented the Respondent.

Factual Background

The petitioner is a Co-operative Bank. Election to the Managing Committee of the Co-operative Bank was held, and the Respondents contested in the election. Respondents 8 to 20 are the returned candidates. The first four Respondents who lost in the election challenged the election of the returned candidates by approaching the Co-operative Arbitration Court. It was contended that the election petition was filed beyond the statutory period. The last date for filing the election petition was on January 15, 2024, which was declared a public holiday. Therefore, the election petition was filed on January 16, 2024.

Relying on Section 10 of the General Clauses Act, 1897, the Arbitration Court held that the election petition was filed within the period of limitation and the objection raised by the defendants was rejected. The Petitioner had confined the challenge to Ext.P9 order, by which the Arbitration Court directed the Petitioner to produce certain documents. The Petitioner claimed that the documents sought were voluminous in nature and not required for the adjudication of the election petition.

Reasoning

The Bench explained that the Arbitration Court trying the election petition has to adjudicate the dispute based on the pleadings, and for the adjudication of the dispute based on the pleadings, the Court is required to allow the parties in the dispute to lead relevant evidence.

“In the trial of an election petition, the Tribunal or the Court concerned is bound to follow, as nearly as may be, the procedure as applicable to the trial of suits under the Code of Civil Procedure, 1908. As per Section 70(3) of the Kerala Co-operative Societies Act, 1969 (for short ‘the Act’) the Co-operative Arbitration Court shall have the same powers as are vested in a Civil Court while trying a suit. As per Section 70(3)(ii) of the Act, the Arbitration Court can invoke the provisions of Order XI Rule 14 of the Code of Civil Procedure. As per Order XI Rule 14 of the Code of Civil Procedure, it shall be lawful for the Court, at any time during the pendency of any suit, to order the production by any party thereto, upon oath of such of the documents in his possession or power, relating to any matter in question in such suit, as the Court shall think right and the Court may deal with such documents, when produced, in such manner as shall appear just”, it added.

The Bench found that the documents sought to be produced were relevant with reference to the pleadings in the Writ Petition. Finding no reason to interfere with the impugned Ext.P9 order, the Bench dismissed the Writ Petition.

Cause Title: Thalapalam Service Co-operative Bank Ltd. v. Sebastian P. George (Neutral Citation: 2025:KER:73776)

Appearance

Petitioner: Advcoates P.V. Baby, Vineeth P. Baby

Respondent: Standing Counsel C. M. Nazar

Click here to read/download Order