Anu Thomas vs Joint Registrar Of Co-Operative ...
2022 Latest Caselaw 2051 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. 4678 OF 2022
PETITIONER:

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

            BY ADV P.P.JACOB



RESPONDENTS:

 1 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.


     THIS     WRIT   PETITION    (CIVIL)     HAVING    COME    UP    FOR
ADMISSION     ON   23.02.2022,    THE     COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
 W P(C) NO.4678 of 2022
                                2



                             JUDGMENT

Petitioner is a member of the Board of Directors

of the 4th respondent Co-operative society. The 3 rd

respondent is another Board member. The petitioner

alleges that, the 3rd respondent is working as the

Headmaster in a school and is drawing wages; hence he

is disqualified as per clause 5(2)(4) of the bye laws

of the society read with Rule 44(1)(j) of the

Co-operative Societies Rules. Alleging the above, the

petitioner submitted Ext P4 representation before the

1st respondent. Petitioner seeks for an expeditious

consideration and action upon Ext P4.

2. The writ petition is filed in the wake of a

no confidence motion being moved against the

President of the society by the 3 rd respondent. The

no confidence motion has since been passed. Be that

as it may, it is for the 1 st respondent to consider

the allegation of disqualification as against the 3 rd

respondent in terms of the bye laws and the Rules

expeditiously.

W P(C) NO.4678 of 2022

3. Accordingly, without expressing anything on

the merits, the writ petition is disposed of

directing the 1st respondent to take appropriate

action on Ext P4 representation in accordance with

law, as expeditiously as possible and at any rate

within a period of two months from the date of

receipt of a copy of this judgment.

Sd/-

Sathish Ninan, Judge

vdv W P(C) NO.4678 of 2022

APPENDIX OF WP(C) 4678/2022

PETITIONER EXHIBITS

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

Exhibit P2 TRUE COPY OF THE PROCEEDINGS OF ELECTION OF PRESIDENT AND VICE PRESIDENT IN THE FIRST COMMITTEE MEETING HELD ON 27.8.2019.

Exhibit P3 TRUE PHOTOCOPY OF THE BYELAW CLAUSE 5 OF THE FOURTH RESPONDENT.

Exhibit P4 TRUE COPY OF THE REPRESENTATION DATED 4.2.2022 FILED BEFORE THE FIRST RESPONDENT.

Exhibit P5 TRUE COPY OF THE ORDER DATED 25.1.2022 ISSUED BY THE FIRST RESPONDENT.