Kerala High Court
Boban Jacob vs The Joint Registrar Of ... on 25 November, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SATHISH NINAN
THURSDAY, THE 25TH DAY OF NOVEMBER 2021 / 4TH AGRAHAYANA, 1943
WP(C) NO. 26633 OF 2021
PETITIONERS:
1 BOBAN JACOB,
AGED 62 YEARS
S/O. JACOB, PRESIDENT MANAGING COMMITTEE, THE POTHANIKKAD
FARMERS CO OPERATIVE BANK, POTHANIKKAD P.O. ERNAKULAM,
DISTRICT 686 671.
RESIDING AT KALLUNGAL HOUSE, PALLARIMANGALAM P.O.
KOTHAMANGALAM ERNAKULAM DISTRICT.
2 THE POTHANIKKAD FARMERS CO OPERATIVE BANK,
POTHANIKKAD P.O, ERNAKULAM DISTRICT 686 671, REPRESENTED BY
THE MANAGING DIRECTOR.
BY ADVS.
GEORGE POONTHOTTAM (SR.)
ARUN CHANDRAN
NISHA GEORGE
RESPONDENT:
THE JOINT REGISTRAR OF COOPERATIVE SOCIETIES (GENERAL)
OFFICE OF THE JOINT REGISTRAR OF COOPERATIVE SOCIETIES
(GENERAL), CIVIL STATION, ERNAKULAM 682 030.
BY SRI.BIMAL K. NATH, SR. GOVT. PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
25.11.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
SATHISH NINAN, J.
= = = = = = = = = = = = = = = = = =
W. P. (C) No.26633 of 2021
= = = = = = = = = = = = = = = = = =
Dated this the 25th day of November, 2021
J U D G M E N T
Complaint against grant of membership to ineligible
persons is being enquired into by the respondent in
terms of Rule 16(4) of the Kerala Co-operative Societies
Rules. In the course of the said proceeding, Ext.P9
notice in terms of Rule 16(4) of the Rules have been
issued to the alleged ineligible persons. So also Ext.P7
notice has been issued to the Society calling for
production of the relevant records relating to
membership. Ext.P7 was issued on 22.11.2021 calling for
production of the documents on 24.11.2021 and 25.11.2021
to which dates the hearing was proposed. Though the
petitioners sought for fifteen days' time for production
of the documents, the same was rejected by respondent as
per Ext.P10. It is accordingly that the petitioners have
approached this Court.
W. P. (C) No.26633 of 2021
2. The respondent found non-co-operation on the
part of the Society in production of the relevant
records and further time was declined.
3. On the finding of the respondent that there is
non-co-operation from the Society, I am not inclined to
exercise the discretionary jurisdiction under Article
226 of the Constitution.
Writ petition is dismissed.
Sd/-
SATHISH NINAN
JUDGE
kns/-
//True Copy//
P.S. to Judge
APPENDIX OF WP(C) 26633/2021
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE DETAILS UPLOADED TO THE
WEBSITE OF THE STATE CO-OPERATIVE ELECTION
COMMISSION DATED 12.10.2021.
Exhibit P2 TRUE COPY OF THE COMMUNICATION NO. C.R.P (1)
2018/21 DATED 27.10.2021 FORWARDED TO THE
ASSISTANT REGISTRAR OF CO OPERATIVE
SOCIETIES, KOTHAMANGALAM.
Exhibit P3 TRUE COPY OF THE COMMUNICATION NO. G.799/21
DATED 28.10.201 FOR WARDED TO THE ASSISTANT
REGISTRAR OF CO OPERATIVE SOCIETIES,
KOTHAMANGALAM.
Exhibit P4 TRUE COPY OF THE TAX RECEIPT DATED 26.10.2021
ISSUED FROM ENANALLOOR VILLAGE.
Exhibit P5 TRUE COPY OF THE JUDGMENT IN W.A. NO. 1477 OF
2021 DATED 12.11.2021 PASSED BY THIS HONBLE
COURT.
Exhibit P6 TRUE COPY OF THE ELECTION NOTIFICATION
BEARING NO. E (2)4332/2021/S.C.E.C. DATED
17.11.2021 ISSUED BY THE ELECTION COMMISSION.
Exhibit P7 TRUE COPY OF THE COMMUNICATION NO. C.R. P (1)
1926/21 DATED 22.11.2021 WITH THE ENCLOSED
LIST.
Exhibit P8 TRUE COPY OF THE REQUEST BEARING NO. ELECTION
15/2021-22 DATED 24.11.2021 SUBMITTED BY THE
2ND PETITIONER BEFORE THE RESPONDENT.
Exhibit P9 TRUE COPY OF THE NOTICE BEARING NO. C.R.P(1)
1926/21 DATED 16.1.2021 ISSUED BY THE
RESPONDENT WITH ENCLOSURE.
Exhibit P10 TRUE COPY OF THE COMMUNICATION BEARING NO.
C.R.P (1) /1926/21 DATED 24.11.2021 ISSUED BY
THE RESPONDENT.
-----
