Mini.S vs Registrar Of Co-Operative ...
2022 Latest Caselaw 8155 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
               THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
          FRIDAY, THE 1ST DAY OF JULY 2022 / 10TH ASHADHA, 1944
                         WP(C) NO. 27756 OF 2021
PETITIONERS:

     1     MINI.S, ASSISTANT GENERAL MANAGER, THE QUILON
           CO-OPERATIVE URBAN BANK LTD.NO.960, HEAD OFFICE,
           YMCA ROAD, CHINNAKKADA, KOLLAM-691 001,
           RESIDING AT "VINAYAKA", THEKKEVILA P.O.,
           KOLLAM-691 016.

     2     DALI C.G., INSPECTOR OF BRANCHES, THE QUILON
           CO-OPERATIVE URBAN BANK LTD.NO.960, HEAD OFFICE,
           YMCA ROAD, CHINNAKKADA, KOLLAM-691 001,
           RESIDING AT "SEKHARA VILAS", A.R.A.-65A,
           MUNDAKKAL (EAST), KOLLAM-691 001.

           BY ADVS.P.N.MOHANAN
           C.P.SABARI
           AMRUTHA SURESH
           GILROY ROZARIO


RESPONDENTS:

     1     REGISTRAR OF CO-OPERATIVE SOCIETIES,
           OFFICE OF THE REGISTRAR OF CO-OPERATIVE SOCIETIES,
           JAWAHAR SAHAKARANA BHAVAN, DPI JUNCTION, THYCAUD P.O.,
           THIRUVANANTHAPURAM-695 014.

     2     THE JOINT REGISTRAR (G), OFFICE OF THE JOINT REGISTRAR OF
           CO-OPERATIVE SOCIETIES (G), KOLLAM-695 001.

     3     THE MANAGING COMMITTEE, REPRESENTED BY ITS PRESIDENT, THE
           QUILON CO-OPERATIVE URBAN BANK LTD.NO.960,
           HEAD OFFICE, YMCA ROAD, CHINNAKKADA, KOLLAM-691 001.

     4     THE QUILON CO-OPERATIVE URBAN BANK LTD.NO.960
           HEAD OFFICE, YMCA ROAD, CHINNAKKADA, KOLLAM-691 001,
           REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER.

           BY ADVS.N.DHARMADAN (SR.)
           D.P.RENU, SC,
           V.R.LAKSHMI
           SMT.PARVATHY K., GP

      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION          ON
01.07.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 27756 OF 2021
                                  -2-

                            JUDGMENT

The petitioners impugn the action of the Joint

Registrar of Co-operative Societies in approving

the Bye-Laws relating to the 4th respondent -

Society, declining the avenue of promotion to

certain posts. They assert that Ext.P1, which is

the present 'Feeder Category Sub Rules' approved

by the Joint Registrar is in error, since it goes

against the mandate of Rule 185(1) of the Kerala

Co-operative Societies Rules ('KCS Rules', for

short), as also Ext.P3 Circular bearing

No.12/2021. They thus pray that Ext.P1, to the

extent to which it is impugned, be interdicted and

set aside.

2. On hearing Sri.C.P.Sabari - learned

counsel for the petitioners on the afore lines, I

asked the learned Government Pleader -

Smt.Parvathy K., as to if any further proceedings WP(C) NO. 27756 OF 2021

have been initiated by the Joint Registrar or by

any other competent Authority in this regard. She

explained that the Joint Registrar has, on being

aware of the objections as afore, instructed the

Assistant Registrar to conduct an enquiry and make

a report; based on which, a further decision on

modifying Ext.P1 will be taken.

3. Smt.D.P.Renu - learned Standing Counsel

for the Society, submitted that, based on Ext.P1,

the Society has already appointed a CEO and

therefore, that the present request of the

petitioners cannot be acceded to. She submitted

that if this Court is inclined, her client will be

able to explain the action taken by them through

an affidavit.

4. When I evaluate the afore submissions, it

is needless to say that this Court is not

considering the matter on the specific claims of

the petitioners alone. The acme question is WP(C) NO. 27756 OF 2021

whether Ext.P1 - 'Feeder Category Sub Rules' are

in conformity with Rule 185(1) read with sub rule

(2)(iv) of the 'KCS Rules'; and hence, a decision

in this regard will have to be first taken by the

Joint Registrar or such other competent Authority,

at the first instance.

5. Since the learned Government Pleader says

that the Joint Registrar is in the process of

evaluating this aspect, I do not think that this

Court will require to keep this writ petition

pending on the files any further.

Resultantly, I order this writ petition and

direct the Joint Registrar to consider the

complaint of the petitioners, after affording

them, as also any other interested person, an

opportunity of being heard, adverting to the

specific contentions of the Society that they have

already made appointments in terms of Ext.P1, and

after hearing them also; thus culminating in an WP(C) NO. 27756 OF 2021

appropriate order and necessary action with

respect to any modification on Ext.P1, if so found

warranted, as expeditiously as is possible, but

not later than two months from the date of receipt

of a copy of this judgment.

I make it clear that the Joint Registrar will

be at full liberty to decide in what manner the

appointments - which have already made by the

Society in terms of Ext.P1 - will have to be dealt

with, keeping in mind that same was made at a time

when Ext.P1, as available today, remained in

force.

Sd/-

DEVAN RAMACHANDRAN JUDGE akv WP(C) NO. 27756 OF 2021

APPENDIX OF WP(C) 27756/2021

PETITIONER EXHIBITS

Exhibit P1 A TRUE COPY OF THE AMENDED FEEDER CATEGORY SUB RULES OF THE FOURTH RESPONDENT BANK, APPROVED BY THE SECOND RESPONDENT W.E.F 8.5.2019 ALONG WITH ENGLISH TRANSLATION.

Exhibit P2 A TRUE COPY OF THE ORDER DATED 4.6.2021 ISSUED BY THE PRESIDENT OF THE THIRD RESPONDENT COMMITTEE.

Exhibit P3 A TRUE COPY OF THE CIRCULAR NO.12/2021 DATED 12.2.2021 ISSUED BY THE REGISTRAR OF CO-OP. SOCIETIES ALONG WITH ENGLISH TRANSLATION.

Exhibit P4 A TRUE COPY OF THE REPRESENTATION DATED 14.6.2021 SUBMITTED BY THE PETITIONERS TO THE PRESIDENT OF THE THIRD RESPONDENT COMMITTEE ALONG WITH ENGLISH TRANSLATION.

Exhibit P5 A TRUE COPY OF THE REPRESENTATION DATED 17.9.2021 SUBMITTED BY THE PETITIONERS BEFORE THE PRESIDENT OF THE THIRD RESPONDENT COMMITTEE ALONG WITH ENGLISH TRANSLATION.

Exhibit P6 A TRUE COPY OF THE ORDER DATED 29.10.2021 ISSUED BY THE FOURTH RESPONDENT.

RESPONDENT'S/S EXHIBITS : NIL.

//TRUE COPY// P.A. TO JUDGE