Kerala High Court
V.Thangavel vs State Of Kerla on 19 January, 2021
W.P.(C) No.240/2021 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SUNIL THOMAS
TUESDAY, THE 19TH DAY OF JANUARY 2021 / 29TH POUSHA, 1942
WP(C).No.240 OF 2021(D)
PETITIONERS:
1 V.THANGAVEL,
AGED 44 YEARS
S/O.VELUSWAMY GOUNDER, SARKARPATHY, KANNIMARI P.O.,
PALAKKAD-678 534.
2 JAYAPRABHA,
AGED 53 YEARS
W/O.RAMESH, ELAIKADU, MOOLATHARA, MEENAKSHIPURAM,
PALAKKAD-678 533.
3 SEMBAKADEVI,
AGED 46 YEARS
W/O.ARUNAGIRI, KAIKATTY KALAM, SERAMBY,
MEENAKSHIPURAM, MOOLATHARA, PALAKKAD-678 533.
4 RADHAKRISHNAN,
AGED 51 YEARS
S/O.NACHIMUTHU GOUNDER, VANDITHAVALAM, KANNIMARI
P.O., PALAKKAD-678 534.
5 SABARI SIDHARTH,
AGED 30 YEARS
S/O.BALAGOPALAKRISHNAN, SILVANPATHY,
MEENAKSHIPURAM, MOOLATHARA, PALAKKAD-678 533.
6 T.MAHALAKSHMI,
AGED 40 YEARS
W/O.THANKAVELU, KAIKATTY, MEENAKSHIPURAM,
MOOLATHARA, PALAKKAD-678 533.
BY ADVS.
SRI.MATHEW B. KURIAN
SRI.K.T.THOMAS
SRI.NIKHIL BERNY
RESPONDENTS:
1 STATE OF KERLA
REPRESENTED BY SECRETARY TO GOVERNMENT, CO-
W.P.(C) No.240/2021 2
OPERATION DEPARTMENT, SECRETARIAT,
THIRUVANANTHAPURAM-01.
2 THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES
(GENERAL),
OFFICE OF THE JOINT REGISTRAR OF CO-OPERATIVE
SOCIETIES (GENERAL), CIVIL STATION, PALAKKAD-678
001.
3 CIRCLE CO-OPERATIVE UNION,
JAWAHAR BHAVAN, NEAR CIVIL STATION, PALAKKAD-678
001, REPRESENTED BY ITS SECRETARY.
4 MOOLATHARA SERVICE CO-OPERATIVE BANK LTD.,
NO.P 518, MEENAKSHIPURAM P.O., PALAKKAD-642 103,
REPRESENTED BY ITS SECRETARY.
5 THE MANAGING COMMITTEE,
MOOLATHARA SERVICE CO-OPERATIVE BANK LTD.NO.P 518,
MEENAKSHIPURAM P.O., PALAKKAD-642 103, REPRESENTED
BY ITS PRESIDENT.
OTHER PRESENT:
SR.GP BIMAL K NATH
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
19.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
JUDGMENT
Dated this the 19th day of January 2021
The writ petitioners are the members of Moolathara Service
Co-operative Bank Ltd., the 4 th respondent herein. Elections were
notified to be conducted on 13/12/2020. Alleging that the electoral
officer has tinkered with the election process, the writ petition was
filed before this Court and by, Ext.P12 judgment, this Court
quashed the election notification and directed the 4th respondent
society to take steps to conduct the election and forward a fresh
resolution to the Election Commission . It is submitted at the time
of hearing the writ petition that, application has been filed by the
petitioners and no order has been passed on it.
2. In the meanwhile, term of the present managing
committee which was extended, expires on 25/1/2021. Under
Section 33 of the Kerala Co-operative Societies Act,1969, a new
administrator/administrative committee has to be appointed.
Grievance of the petitioners herein is that, while exercising that
jurisdiction under section 33 of the Kerala Co-operataive Societies
Act, the second respondent is bound to consider the members of
the present managing committee, against whom there are no
allegations of misfeasance or malfeasance.
3. Opposing the above application, learned senior
Government Pleader reiterated the absolute discretion of the
registrar in selecting the members administrative committee.
However, the above discretion has to be exercised judiciously and
cautiously having regard to the best interest of the society.
4. Learned senior Govt. Pleader submitted that, W.P.(C)
Nos.25824/2020,26032/2020, 26040/2020, 26260/2020,
26277/2020 were considered by this Court in Ext.P12 common
judgment, which indicates that there are some allegations
against the managing committee. It seems that the above writ
petitions were filed by few persons claiming that they were not
admitted to membership. This Court do not go into the merits
of that contention and in the light of the order passed in Ext.P12
judgment, it was left open. It was correctly pointed out by the
learned counsel for the petitioners that there is absolutely no
reference in that judgment touching upon the conduct of the
managing committee.
5. Having considered the above facts, I am inclined to
dispose of the writ petition itself directing the second respondent
to pass appropriate orders on appointing an administrative
committee. If administrative committee is constituted, the
authority shall consider the claim of the existing managing
committee members against whom no serious allegations are
raised.
Sd/-
SUNIL THOMAS
dpk JUDGE
APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE IDENTITY CARD ISSUED TO
1ST PETITIONER.
EXHIBIT P2 TRUE COPY OF THE IDENTITY CARD ISSUED TO
2ND PETITIONER.
EXHIBIT P3 TRUE COPY OF THE IDENTITY CARD ISSUED TO
3RD PETITIONER.
EXHIBIT P4 TRUE COPY OF THE IDENTITY CARD ISSUED TO
4TH PETITIONER.
EXHIBIT P5 TRUE COPY OF THE IDENTITY CARD ISSUED TO
5TH PETITIONER.
EXHIBIT P6 TRUE COPY OF THE IDENTITY CARD ISSUED TO
6TH PETITIONER.
EXHIBIT P7 TRUE COPY OF THE FIXED DEPOSIT RECEIPT IN
FAVOUR OF 1ST PETITIONER.
EXHIBIT P8 TRUE COPY OF THE FIXED DEPOSIT RECEIPT IN
FAVOUR OF 3RD PETITIONER.
EXHIBIT P9 TRUE COPY OF THE FIXED DEPOSIT RECEIPT IN
FAVOUR OF 4TH PETITIONER.
EXHIBIT P10 TRUE COPY OF THE FIXED DEPOSIT RECEIPT IN
FAVOUR OF 5TH PETITIONER.
EXHIBIT P11 TRUE COPY OF THE ELECTION NOTIFICATION
DATED 28.10.2020 ISSUED BY STATE CO-
OPERATIVE ELECTION COMMISSION.
EXHIBIT P12 TRUE COPY OF THE JUDGMENT DATED 03.12.2020
IN WPC NO.25824/2020 AND CONNECTED CASES.
EXHIBIT P13 TRUE COPY OF THE JUDGMENT DATED 01.12.2020
IN WPC NO.22284/2020.
