Davis Pozheliparambil vs The Nellayi Parappukara Service ...
2021 Latest Caselaw 9434 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

          THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V

     MONDAY, THE 22ND DAY OF MARCH 2021 / 1ST CHAITHRA, 1943

                      WP(C).No.15612 OF 2020(B)


PETITIONERS:

      1        DAVIS POZHELIPARAMBIL
               POZHELIPARAMBIL (H),NELLAYI P.O., PONKOTHRA,
               THRISSUR-680 022

      2        SUDHAN KARAYIL,
               KARAYIL (H), RAPPAL, PUDUKKAD P.O.,
               THRISSUR-680 301

      3        P.R.PRSANTH
               NEDIYAMPARAMBATH (H), KOLATHUR, NELLAYI,
               THRISSUR-680 305

      4        NANDAKUMAR.P.,
               PALLIPURATH HOUSE, KOLATHUR, NELLAYI P.O.,
               THRISSUR-680 305

      5        REGHU.K.S,
               KOTTUVALAPPIL HOUSE, NELLAYI P.O.,
               THRISSUR-680 305

      6        SASIKALA NARAYANAN,
               VELUTHEDATH (H) PANTHALLUR, NELLAYI P.O.,
               THRISSUR-680 305

      7        AMBILI SAJEEVAN
               MANIYANKARA (H), PONKOTHRA, NELLAYI P.O.,
               THRISSUR-680 305

               BY ADV. SRI.ARJUN RAGHAVAN

RESPONDENTS:

      1        THE NELLAYI PARAPPUKARA SERVICE CO-OPERATIVE BANK
               LIMITED NO.R 460
               NELLAYI POST, THRISSUR DISTRICT-680 305,
               REPRESENTED BY ITS SECRETARY

      2        THE PRESIDENT,
               THE NELLAYI-PARAPPUKARA SERVICE CO-OPERATIVE BANK
               LIMITED NO.R 460, NELLAYI POST,
               THRISSUR DISTRICT-680 305
 WP(C).No.15612 OF 2020(B)    2


      3      SMT MINI K.,
             W/O. SATHYANARAYANAN, KIZHAKKOOT HOUSE,
             VAZHAKATTUKARA, MURIYAD P.O., THRISSUR-680 683

      4      ASSISTANT REGISTRAR (GENERAL) OF CO OPERATIVE
             SOCIETIES,
             MUKUNDAPURAM , IRINJALAKUDA, THRISSUR-680 733

      5      THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES
             (GENERAL)
             THRISSUR DISTRICT-680 001

             R1-2 BY ADV. SRI.GEORGE POONTHOTTAM (SR.)
             R1-2 BY ADV. SMT.NISHA GEORGE
             R3 BY ADV. SRI.M.SASINDRAN



             SMT SHEEJA CS SR GOVERNMENT PLEADER

     THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
22.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.15612 OF 2020(B)            3




                                 JUDGMENT

The 3rd respondent was the Secretary of the Nellayi Parappukara

Service Co-operative bank Ltd., 1st respondent herein. The petitioners herein

are the managing committee members of the Society and the 2nd respondent

was the former President. A show cause notice was issued to the 3rd

respondent on the ground that by her acts, wrongful loss was caused to the

society. The disciplinary proceedings ended with the issuance of Ext. P1

dismissal order dated 16.1.2020 by the Disciplinary Sub Committee. The 3rd

respondent preferred an appeal before the Board under Rule 198(4) of the

Kerala Co-operative Societies Rules and the same is said to be pending.

2. While so, when it was learnt that the 2nd respondent was

initiating steps to reinstate the 3rd respondent as Secretary of the Society,

the petitioners approached the official respondents and submitted Ext.P2

resolution for initiation of no confidence motion. However, no orders were

passed. In the meantime, Ext.P3 notice was issued proposing to hold a

managing committee meeting on 13.8.2020 with a view to reinstate the 3rd

respondent in the service of the society. It is the case of the petitioners that

the convening of the managing committee meeting is illegal for want of

minimum quorum. It is at that juncture that the petitioners have approached

this Court seeking the following reliefs:

"i) to declare that the appeal of the 3rd respondent dated 03.02.2020 mentioned in Exhibit-P3 cannot be considered without sufficient quorum as envisaged under Clause 36 of Exhibit-P4 bye- law and Section 28(5) of the KCS Act.

ii) to issue a writ of mandamus or any other appropriate writ, order or direction, directing the 5th respondent to act on Exhibit-P2 notice for no-confidence motion, and conclude the proceedings within a timeframe fixed by this Hon'ble Court.

iii) to issue a writ of mandamus or any other appropriate writ, order or direction, directing respondents 1 and 2 not to consider the appeal preferred by the 3rd respondent unless a decision is taken in Exhibit-P2 proceedings;"

3. Sri. Arjun Raghavan, the learned counsel appearing for the

petitioners submitted that the managing committee meeting was held without

a proper quorum and the appeal preferred by the 3rd respondent was

allowed. Immediately thereafter, Exhibit-P6 proceedings were issued by the

2nd respondent reinstating the 3rd respondent in service. It is submitted

that the 5th respondent has acted upon Exhibit-P2 and the President has

been removed.

4. Sri. Sasindran, the learned counsel appearing for the 3rd

respondent, opposed the prayer. It is submitted that the 3rd respondent had

preferred a statutory appeal under Rule 198(4) of the Rules and the same

was allowed. Due to the disputes between the petitioners on one side and

the 2nd respondent on the other side, the 3rd respondent is at the receiving

end.

5. I have considered the submissions advanced. It is evident from

Ext.P5 resolution that the same was moved by five members, out of a total

number of twelve members. If that be the case, undoubtedly, there was no

quorum. This is clearly against the provisions of clause 36 of the bye-law and

section 28(5) of the Co-operative Societies Act. In that view of the matter,

Exts. P5 and P6 warrants interference and the same is set aside. I direct the

managing committee to consider the appeal preferred by the 3rd respondent

afresh and take a decision, as per procedure and in accordance with law,

expeditiously, at any rate, within a period of one month from the date of

receipt of a copy of this judgment.

This writ petition is disposed of.

Sd/-

RAJA VIJAYARAGHAVAN V

JUDGE DSV

APPENDIX PETITIONERS EXHIBITS:

 EXHIBIT P1          TRUE COPY OF THE DISMISSAL ORDER DATED
                     16.01.2020 ISSUED BY THE DISCIPLINARY
                     SUB-COMMITTEE OF HE 1ST RESPONDENT

 EXHIBIT P2          TRUE COPY OF THE NO CONFIDENCE
                     NOTICE/RESOLUTION DATED 06.08.2020
                     SUBMITTED BY THE PETITIONERS BEFORE THE
                     5TH RESPONDENT

 EXHIBIT P3          TRUE COPY OF THE NOTICE PERTAINING TO THE
                     CONVENING OF THE MANAGING COMMITTEE
                     MEETING

 EXHIBIT P4          TRUE COPY OF THE RELEVANT PAGES OF THE
                     BYE-LAWS OF THE 1ST RESPONDENT SOCIETY

 EXHIBIT P5          TRUE COPY OF THE RESOLUTION ADOPTED BY
                     FIVE MEMBERS OF THE MANAGING COMMITTEE

 EXHIBIT P6          TRUE COPY OF THE PROCEEDINGS OF THE 2ND
                     RESPONDENT DATED 13/8/2020

 RESPONDENTS EXHIBITS:NIL



                                          //TRUE COPY//

                                           P.A TO JUDGE