IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
FRIDAY, THE 1ST DAY OF JULY 2022 / 10TH ASHADHA, 1944
WP(C) NO. 27756 OF 2021
PETITIONERS:
1 MINI.S, ASSISTANT GENERAL MANAGER, THE QUILON
CO-OPERATIVE URBAN BANK LTD.NO.960, HEAD OFFICE,
YMCA ROAD, CHINNAKKADA, KOLLAM-691 001,
RESIDING AT "VINAYAKA", THEKKEVILA P.O.,
KOLLAM-691 016.
2 DALI C.G., INSPECTOR OF BRANCHES, THE QUILON
CO-OPERATIVE URBAN BANK LTD.NO.960, HEAD OFFICE,
YMCA ROAD, CHINNAKKADA, KOLLAM-691 001,
RESIDING AT "SEKHARA VILAS", A.R.A.-65A,
MUNDAKKAL (EAST), KOLLAM-691 001.
BY ADVS.P.N.MOHANAN
C.P.SABARI
AMRUTHA SURESH
GILROY ROZARIO
RESPONDENTS:
1 REGISTRAR OF CO-OPERATIVE SOCIETIES,
OFFICE OF THE REGISTRAR OF CO-OPERATIVE SOCIETIES,
JAWAHAR SAHAKARANA BHAVAN, DPI JUNCTION, THYCAUD P.O.,
THIRUVANANTHAPURAM-695 014.
2 THE JOINT REGISTRAR (G), OFFICE OF THE JOINT REGISTRAR OF
CO-OPERATIVE SOCIETIES (G), KOLLAM-695 001.
3 THE MANAGING COMMITTEE, REPRESENTED BY ITS PRESIDENT, THE
QUILON CO-OPERATIVE URBAN BANK LTD.NO.960,
HEAD OFFICE, YMCA ROAD, CHINNAKKADA, KOLLAM-691 001.
4 THE QUILON CO-OPERATIVE URBAN BANK LTD.NO.960
HEAD OFFICE, YMCA ROAD, CHINNAKKADA, KOLLAM-691 001,
REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER.
BY ADVS.N.DHARMADAN (SR.)
D.P.RENU, SC,
V.R.LAKSHMI
SMT.PARVATHY K., GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
01.07.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 27756 OF 2021
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JUDGMENT
The petitioners impugn the action of the Joint Registrar of Co-operative Societies in approving the Bye-Laws relating to the 4th respondent - Society, declining the avenue of promotion to certain posts. They assert that Ext.P1, which is the present 'Feeder Category Sub Rules' approved by the Joint Registrar is in error, since it goes against the mandate of Rule 185(1) of the Kerala Co-operative Societies Rules ('KCS Rules', for short), as also Ext.P3 Circular bearing No.12/2021. They thus pray that Ext.P1, to the extent to which it is impugned, be interdicted and set aside.
2. On hearing Sri.C.P.Sabari - learned counsel for the petitioners on the afore lines, I asked the learned Government Pleader - Smt.Parvathy K., as to if any further proceedings WP(C) NO. 27756 OF 2021 -3- have been initiated by the Joint Registrar or by any other competent Authority in this regard. She explained that the Joint Registrar has, on being aware of the objections as afore, instructed the Assistant Registrar to conduct an enquiry and make a report; based on which, a further decision on modifying Ext.P1 will be taken.
3. Smt.D.P.Renu - learned Standing Counsel for the Society, submitted that, based on Ext.P1, the Society has already appointed a CEO and therefore, that the present request of the petitioners cannot be acceded to. She submitted that if this Court is inclined, her client will be able to explain the action taken by them through an affidavit.
4. When I evaluate the afore submissions, it is needless to say that this Court is not considering the matter on the specific claims of the petitioners alone. The acme question is WP(C) NO. 27756 OF 2021 -4- whether Ext.P1 - 'Feeder Category Sub Rules' are in conformity with Rule 185(1) read with sub rule (2)(iv) of the 'KCS Rules'; and hence, a decision in this regard will have to be first taken by the Joint Registrar or such other competent Authority, at the first instance.
5. Since the learned Government Pleader says that the Joint Registrar is in the process of evaluating this aspect, I do not think that this Court will require to keep this writ petition pending on the files any further.
Resultantly, I order this writ petition and direct the Joint Registrar to consider the complaint of the petitioners, after affording them, as also any other interested person, an opportunity of being heard, adverting to the specific contentions of the Society that they have already made appointments in terms of Ext.P1, and after hearing them also; thus culminating in an WP(C) NO. 27756 OF 2021 -5- appropriate order and necessary action with respect to any modification on Ext.P1, if so found warranted, as expeditiously as is possible, but not later than two months from the date of receipt of a copy of this judgment.
I make it clear that the Joint Registrar will be at full liberty to decide in what manner the appointments - which have already made by the Society in terms of Ext.P1 - will have to be dealt with, keeping in mind that same was made at a time when Ext.P1, as available today, remained in force.
Sd/-
DEVAN RAMACHANDRAN JUDGE akv WP(C) NO. 27756 OF 2021 -6- APPENDIX OF WP(C) 27756/2021 PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE AMENDED FEEDER CATEGORY SUB RULES OF THE FOURTH RESPONDENT BANK, APPROVED BY THE SECOND RESPONDENT W.E.F 8.5.2019 ALONG WITH ENGLISH TRANSLATION.
Exhibit P2 A TRUE COPY OF THE ORDER DATED 4.6.2021 ISSUED BY THE PRESIDENT OF THE THIRD RESPONDENT COMMITTEE.
Exhibit P3 A TRUE COPY OF THE CIRCULAR NO.12/2021 DATED 12.2.2021 ISSUED BY THE REGISTRAR OF CO-OP. SOCIETIES ALONG WITH ENGLISH TRANSLATION.
Exhibit P4 A TRUE COPY OF THE REPRESENTATION DATED 14.6.2021 SUBMITTED BY THE PETITIONERS TO THE PRESIDENT OF THE THIRD RESPONDENT COMMITTEE ALONG WITH ENGLISH TRANSLATION.
Exhibit P5 A TRUE COPY OF THE REPRESENTATION DATED 17.9.2021 SUBMITTED BY THE PETITIONERS BEFORE THE PRESIDENT OF THE THIRD RESPONDENT COMMITTEE ALONG WITH ENGLISH TRANSLATION.
Exhibit P6 A TRUE COPY OF THE ORDER DATED 29.10.2021 ISSUED BY THE FOURTH RESPONDENT.
RESPONDENT'S/S EXHIBITS : NIL.
//TRUE COPY// P.A. TO JUDGE