Cochin City Service Co-Operative ... vs The Joint Registrar Of ...
2021 Latest Caselaw 18508 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
               THE HONOURABLE MR. JUSTICE SATHISH NINAN
   WEDNESDAY, THE 8TH DAY OF SEPTEMBER 2021 / 17TH BHADRA, 1943
                       WP(C) NO. 13950 OF 2020
PETITIONER:

          COCHIN CITY SERVICE CO-OPERATIVE BANK LTD NO.E-1101
          AYYAPPANKAVU, KOCHI - 18, REPRESENTED BY ITS PRESIDENT.

          BY ADVS.
          M.SASINDRAN
          SRI.S.SHYAM KUMAR


RESPONDENTS:

    1     THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL)
          ERNAKULAM -682 013.

    2     C.R.SEMINLAL,CHANDRASERIL HOUSE, K.R.PANKAJAKSHAN ROAD,
          COCHIN - 682 018.

          BY ADVS.
          GOVERNMENT PLEADER
          SRI.P.N.MOHANAN

          SR. GP SMT.SHEEJA C.S




     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
08.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 13950 OF 2020
                                 2



                          JUDGMENT

Alleging that the 2nd respondent, who is a member

of the petitioner society, is indulging in

activities against the interests of the society, Ext

P1 resolution was moved by two members of the

society proposing to expel the 2 nd respondent from

the membership of the society. The committee issued

notice to the 2nd respondent and found the reply to

be unsatisfactory and accordingly a general body

meeting was convened. In the special general body

meeting, the resolution was passed expelling the 2 nd

respondent from membership. As per Ext P6, the 2 nd

respondent was intimated the same.

2. Challenging the expulsion, the 2 nd respondent

preferred Ext P7 appeal before the 1 st respondent.

As per Ext P11 order, the 1st respondent allowed the

appeal on the ground that, in terms of Section 30

and Rule 36 of the Co-operative Societies Act and

Rules a special general body meeting could have been WP(C) NO. 13950 OF 2020

convened only on the request of 1/5 of the members,

and the said requirement was violated.

3. The petitioner society challenged the said

order before this Court in W.P(C) No.26254 of 2013.

The writ petition was dismissed, affirming Ext P11

order. Challenging the judgment in the writ petition

the petitioner preferred Writ Appeal No.1266 of

2016. As per Ext P13 judgment the writ appeal was

allowed holding that, the stipulation in Section 30

and Rule 36 requiring the request of 1/5 of the

total members of the society for convening of a

special general body, does not apply for convening a

meeting for consideration of a resolution for

expulsion of a member in terms of Section 17 of the

Co-operative Societies Act. After setting aside Ext

P11 order, the 1st respondent was directed to rehear

the appeal and pass fresh orders on merits. Pursuant

to the said directions, the 1 st respondent passed Ext

P14 order allowing the appeal. The same is under

challenge in this writ petition. WP(C) NO. 13950 OF 2020

4. Heard the learned counsel on both sides.

5. A perusal of Ext P14 reveals that there is

total non-application of mind and failure to

consider any of the issues that arose for

consideration. The order is unreasoned. The only

discussion made in the order, which itself is only a

sentence, does not lead to a conclusion. Ext P14 is

liable to be interfered with and I do so. Fresh

orders are to be passed after hearing the parties.

Accordingly, the writ petition is allowed. Ext

P14 order is quashed. The 1st respondent shall

conduct a fresh hearing on the appeal and pass

orders after adverting to the contentions of the

parties.

Sd/-

SATHISH NINAN JUDGE vdv WP(C) NO. 13950 OF 2020

APPENDIX OF WP(C) 13950/2020 .

PETITIONER EXHIBITS

EXHIBIT P1 A TRUE COPY OF THE RESOLUTION PROPOSED BY TWO MEMBERS OF THE SOCIETY DATED 12/10/2012.

EXHIBIT P2 A TRUE COPY OF THE NOTICE DATED 18/10/2012 ISSUED BY THE SOCIETY TO THE 2ND RESPONDENT.

EXHIBIT P3 A TRUE COPY OF THE REPLY SUBMITTED BY THE 2ND RESPONDENT DATED 29/10/2012.

EXHIBIT P4 A TRUE COPY OF THE COMPLAINT DATED 15/11/2012, SUBMITTED BY THE 2ND RESPONDENT BEFORE THE JOINT REGISTRAR.

EXHIBIT P5 A TRUE COPY OF THE REPLY DATED 23/11/2012 SUBMITTED BY THE PETITIONER SOCIETY BEFORE THE JOINT REGISTRAR.

EXHIBIT P6 A TRUE COPY OF THE COMMUNICATION DATED 3/12/2012 ISSUED BY THE SOCIETY TO THE 2ND RESPONDENT INTIMATING EXPULSION FROM MEMBERSHIP.

EXHIBIT P7 A TRUE COPY OF THE APPEAL DATED 7/1/2013 SUBMITTED BY THE 2ND RESPONDENT BEFORE THE JOINT REGISTRAR.

EXHIBIT P8 A TRUE COPY OF THE RELEVANT EXTRACT FROM THE MINUTES OF THE EVIDENCING THE PARTICIPATION OF 131 MEMBERS IN THE GENERAL BODY.

EXHIBIT P9 A TRUE COPY OF THE REPLY SUBMITTED BY THE PETITIONER SOCIETY TO THE EXHIBIT P7 APPEAL.

EXHIBIT P10 A TRUE COPY OF THE RELEVANT EXTRACT FROM THE BYE LAWS OF THE SOCIETY. WP(C) NO. 13950 OF 2020

EXHIBIT P11 A TRUE COPY OF THE ORDER NO.CRP(1) 149/13/K.DIS. DATED 23/9/2013 ISSUED BY THE 1ST RESPONDENT JOINT REGISTRAR.

EXHIBIT P12 A TRUE COPY OF THE JUDGMENT DATED 10/6/2016 IN W.P.(C) NO.26254 OF 2013.

EXHIBIT P13 A TRUE COPY OF THE JUDGMENT OF THIS HON'BLE COURT IN W.A.NO.1266 OF 2016 DATED 21/5/2018.

EXHIBIT P14 A TRUE COPY OF THE ORDER DATED 7/3/2020 ISSUED BY THE 1ST RESPONDENT.