Anu Thomas vs The Joint Registrar Of ...
2022 Latest Caselaw 2044 Ker

         IN THE HIGH COURT OF KERALA AT ERNAKULAM
                         PRESENT
         THE HONOURABLE MR. JUSTICE SATHISH NINAN
WEDNESDAY, THE 23RD DAY OF FEBRUARY 2022/4TH PHALGUNA, 1943
                  WP(C) NO. 5667 OF 2022
PETITIONER:

   V.D.JOSEPH,AGED 65 YEARS,S/O DEVASSIA, VALIYAMATTAM,
   MURANPATHY.P.O,KODANCHERRY,KOZHIKODE-673580.

         BY ADVS.P.P.JACOB
         MARIYAM JACOB


RESPONDENTS:

 1 THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES
   (GENERAL),KOZHIKODE, OFFICE OF THE JOINT REGISTRAR OF
   CO-OPERATIVE SOCIETIES(G), PUTHIYARA, KOZHIKODE-673604.

 2 THE PRESIDING OFFICER/KUNNAMANGALAM UNIT INSPECTOR,
   OFFICE OF THE ASSISTANT REGISTRAR OF CO-OPERATIVE
   SOCIETIES,KOZHIKODE-673573.

 3 ROY ROSE,COMMITTEE MEMBER, KOZHIKODE DISTRICT CO-
   OPERATIVE RUBBER MARKETING SOCIETY LTD.NO.F 1879, P B
   NO.161, CHEROOTTY ROAD, KOZHIKODE-673001.

 4 THE KOZHIKODE DISTRICT CO-OPERATIVE RUBBER MARKETING
   SOCIETY LTD.NO.F 1879,P.B.NO.161, CHEROOTTY ROAD,
   KOZHIKODE-673001,REPRESENTED BY ITS MANAGING DIRECTOR.

 5 THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES
   (GENERAL),KOZHIKODE, PUTHIYARA, KOZHIKODE-673604.

 6 THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES(G),
   KOZHIKODE, PUTHIYARA, KOZHIKODE-673604.

 7 THE GENERAL MANAGER,REGIONAL OFFICE, KERALA BANK,
   KALLAYI ROAD, KOZHIKODE-673001.

         BY ADV P.C.SASIDHARAN

         SR.G.P SMT. RESMI. K.M

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
23.02.2022, ALONG WITH WP(C).3842/2022, THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:
 W P(C) NOs.5667 of 2022 & 3842 of 2022
                                  2

            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
            THE HONOURABLE MR. JUSTICE SATHISH NINAN
WEDNESDAY, THE 23RD DAY OF FEBRUARY 2022/4TH PHALGUNA, 1943
                     WP(C) NO. 3842 OF 2022
PETITIONERS:

 1 ANU THOMAS,AGED 44 YEARS,S/O. THOMAS, KADUKANMAKKAL
   HOUSE, KALLANODE P. O., KOORACHUNDU, KOZHIKODE-673 615.

 2 BIJU VARGHESE,S/O. VARGHESE, PURAYIDATHIL HOUSE,
   THIRUVAMBADY P. O., KOZHIKODE - 673 603.

            BY ADVS.P.P.JACOB
            MARIYA TITTY


RESPONDENTS:

 1 THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (G)
   KOZHIKODE, OFFICE OF THE JOINT REGISTRAR OF CO-
   OPERATIVE SOCIETIES(G),PUTHIYARA, KOZHIKODE - 673 604.

 2 THE PRESIDING OFFICER / KUNNAMANGALAM UNIT INSPECTOR
   OFFICE OF THE ASSISTANT REGISTRAR OF CO-OPERATIVE
   SOCIETIES, KOZHIKODE - 673 573.

 3 ROY JOSE, COMMITTEE MEMBER,KOZHIKODE DISTRICT CO-
   OPERATIVE RUBBER, MARKETING SOCIETY LTD. NO.F 1879, P.
   B. NO.161, CHEROOTY ROAD, KOZHIKODE - 673 001.

 4 THE KOZHIKODE DISTRICT CO-OPERATIVE RUBBER MARKETING
   SOCIETY LTD. NO.F 1879, P. B. NO.161, CHEROOTY ROAD,
   KOZHIKODE-673 001,REPRESENTED BY ITS MANAGING DIRECTOR.

 5 THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (G)
   KOZHIKODE, PUTHIYARA, KOZHIKODE - 673 604.

 6 THE DEPUTY DIRECTOR,P&PD, RUBBER BOARD, RAILWAY STATION
   MAIN CENTRAL BOARD, KEEZHUKUNNU, KOTTAYAM - 686 002.

 7 THE GENERAL MANAGER,REGIONAL OFFICE, KERALA BANK,
   KALLAYI ROAD, KOZHIKODE - 673 001.
     THIS    WRIT   PETITION    (CIVIL)   HAVING   COME   UP   FOR
ADMISSION ON 23.02.2022, ALONG WITH WP(C).5667/2022, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W P(C) NOs.5667 of 2022 & 3842 of 2022
                                3


                            JUDGMENT

The challenge in these writ petitions is against

the motion of no confidence against the President of

the Kozhikode District Co-operative Rubber Marketing

Society Ltd. W.P(C) No.3842 of 2022 was filed

challenging the convening of the meeting for

consideration of the motion, whereas W.P(C) No.5667 of

2022 is filed challenging the result of the motion. The

grounds of challenge are similar.

2. Heard Sri. P.P Jacob learned counsel for the

petitioners, Sri.Abraham Markose learned counsel for 6 th

respondent, Sri.P.C.Sasidharan learned counsel for 7 th

respondent and Sri.Bimal K Nath and Smt.Resmi.K.M., the

learned senior Government Pleaders.

3. Following grounds of challenge are urged:

(1) The ex-officio members have not been

'appointed' without which they cannot be members

of the committee.

(2) The ex-officio members do not have the right

to participate in the meeting of no confidence. W P(C) NOs.5667 of 2022 & 3842 of 2022

(3) The ex-officio members do not have the

right to vote.

(4) The ex-officio members have incurred

disqualification to be members consequent on

their absence from four consecutive meetings of

the committee, in terms of clause 6.02 of the

bye-laws of the society.

4. To challenge the resolution of no-confidence,

the petitioners have a remedy before the Registrar

under Rule 176 of the Co-operative Societies Rules. In

the light of the same, I do not propose to go into the

merits of the contentions but for prima facie

satisfying, if the motion has been passed with

majority.

5. As per the bye laws of the society, the total

strength of the managing committee is fifteen. It

consists of ten members elected from the 'A' class

members, and one from 'C' class members; four are ex-

officio members.

6. To consider the no confidence motion mooted

against the President, a meeting was called for, to be

held on 16.02.2022. In the meeting, the no confidence W P(C) NOs.5667 of 2022 & 3842 of 2022

motion was passed.

7. Out of the total strength of the committee

which is fifteen, eight members were present in the

meeting. Out of the eight members, five were elected

members and three were ex-officio members. Out of

them, one ex-officio member and five elected members

voted in favour of the no confidence. Thus, the no

confidence motion was declared as passed with majority

of six votes. Out of the total strength of fifteen

members of the committee, the presence of eight members

constituted the quorum. Out of the eight members

present, six has voted in favour of the no confidence.

8. For a moment, accepting the contentions of the

petitioners that the ex-officio members do not have the

right to vote, and thus one vote cast by an ex-officio

member is excluded, still there remains five votes cast

by the five elected members. The total number of

members present being eight, still five constitutes the

majority. Thus, in any event, the no confidence motion

could only be taken to have passed. Therefore, prima

facie there is no warrant to interfere with the

proceedings.

W P(C) NOs.5667 of 2022 & 3842 of 2022

Leaving open the rights of the petitioners to

avail such remedy, and leaving open all the contentions

of the petitioners, the writ petitions are dismissed.

Sd/-

Sathish Ninan, Judge

vdv W P(C) NOs.5667 of 2022 & 3842 of 2022

APPENDIX OF WP(C) 5667/2022

PETITIONER EXHIBITS

Exhibit P1 TRUE PHOTOCOPY OF THE ELECTION NOTIFICATION PUBLISHED BY THE STATE CO- OPERATIVE ELECTION COMMISSION DATED 15.7.2019

Exhibit P2 TRUE COPY OF THE BYELAW CLAUSE 5 & 6, PAGES 1, 6 TO 8 OF THE BYELAW OF THE FOURTH RESPONDENT

Exhibit P3 TRUE PHOTOCOPY OF THE ORDER DATED 25.1.2022 ISSUED BY THE JOINT REGISTRAR

Exhibit P4 TRUE PHOTOCOPY OF THE NOTICE ISSUED BY THE SECOND RESPONDENT TO THE PETITIONER DATED 28.1.2022

Exhibit P5 TRUE PHOTOCOPY OF THE REPRESENTATION DATED 4.2.2022 FILED BEFORE THE JOINT REGISTRAR

Exhibit P6 TRUE PHOTOCOPY OF THE PROCEEDING OF THE FOURTH RESPONDENT DATED 27.8.2019

Exhibit P7 TRUE PHOTOCOPY OF THE PROCEEDING OF THE SECOND RESPONDENT DAD 16.2.2022 IN THE NO CONFIDENCE MOTION W P(C) NOs.5667 of 2022 & 3842 of 2022

APPENDIX OF WP(C) 3842/2022

PETITIONER EXHIBITS

Exhibit P1 TRUE PHOTOCOPY OF THE ELECTION NOTIFICATION PUBLISHED BY THE STATE CO- OPERATIVE ELECTION COMMISSION DATED 15.07.2019.

Exhibit P2 TRUE PHOTOCOPY OF THE BYELAW CLAUSE 5 & 6, PAGES 1, 6 TO 8 OF THE BYELAW OF THE FOURTH RESPONDENT.

Exhibit P3 TRUE PHOTOCOPY OF THE ORDER DATED 25.01.2022 ISSUED BY THE JOINT REGISTRAR.

Exhibit P4 TRUE PHOTOCOPY OF THE NOTICE ISSUED BY THE SECOND RESPONDENT TO THE SECOND PETITIONER DATED 28.01.2022.

Exhibit P5 TRUE PHOTOCOPY OF THE COVER RECEIVED BY THE SECOND PETITIONER SENT THROUGH REGISTERED POST.