Kerala High Court
Laisamma Sasi vs The Joint Registrar Of ... on 4 July, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
&
THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN
MONDAY, THE 4TH DAY OF JULY 2022 / 13TH ASHADHA, 1944
W.A.NO. 285 OF 2022
AGAINST THE JUDGMENT IN WP(C).NO.3714/2022 OF THE HIGH COURT OF KERALA
APPELLANT/PETITIONER:
N.I.BENNY,AGED 59 YEARS,
MEMBER, BOARD OF DIRECTORS, THODUPUZHA PRIMARY COOPERATIVE
AGRICULTURAL RURAL DEVELOPMENT BANK LTD. NO. 4388,
THODUPUZHA, IDUKKI DISTRICT, PIN CODE 685 581,
RESIDING AT NADACKAL HOUSE, VENGALLOOR P.O, THODUPUZHA
VILLAGE, THODUPUZHA TALUK, IDUKKI DISTRICT.
ADV.SRI.GEORGE POONTHOTTAM (SR.) ALONG WITH
ADVS.M/S.ARUN CHANDRAN & NISHA GEORGE
RESPONDENTS/RESPONDENTS:
1 THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL),
PAINAVU, IDUKKI 685 603.
2 THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES,
OFFICE OF THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES,
THODUPUZHA, IDUKKI DISTRICT-685 581
3 THE THODUPUZHA PRIMARY COOPERATIVE AGRICULTURAL RURAL
DEVELOPMENT BANK LTD. NO. 4388,
THODUPUZHA, IDUKKI DISTRICT-685 581,
REPRESENTED BY ITS SECRETARY.
4 PROF. K.I. ANTONY,
RESIDING AT KANATTU HOUSE, RIVER VIEW ROAD, THODUPUZHA
VILLAGE, THODUPUZHA TALUK, IDUKKI DISTRICT,PIN CODE 685581.
ADV.SRI.P.C.SASIDHARAN, FOR R4
SRI. SAIGI JACOB PALATTY-SR.G.P.
ADV.SRI.P.V.BABY
THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 04.07.2022, ALONG
WITH W.A.NOS.289 & 292 OF 2022, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
&
THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN
MONDAY, THE 4TH DAY OF JULY 2022 / 13TH ASHADHA, 1944
W.A. NO. 289 OF 2022
AGAINST THE JUDGMENT IN WP(C).NO.3713/2022 OF THE HIGH COURT OF KERALA
APPELLANT/PETITIONER:
LAISAMMA SASI, AGED 51 YEARS,
MEMBER, BOARD OF DIRECTORS, THODUPUZHA PRIMARY CO-OPERATIVE
AGRICULTURAL RURAL DEVELOPMENT BANK LTD, NO. 4388,
THODUPUZHA, IDUKKI DISTRICT - 685581, RESIDING AT KUNNUMEL
HOUSE, VANNAPPURAM P.O, VANNAPPURAM VILLAGE, THODUPUZHA
TALUK, IDUKKI DISTRICT.
ADV.SRI.GEORGE POONTHOTTAM (SR.) ALONG WITH
ADVS.M/S.ARUN CHANDRAN & NISHA GEORGE
RESPONDENTS/RESPONDENTS:
1 THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL),
PAINAVU, IDUKKI - 685603.
2 THE ASSISTANT REGISTRAR OF COOPERATIVE SOCIETIES (GENERAL)
OFFICE OF THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES,
THODUPUZHA, IDUKKI DISTRICT - 685581.
3 THE THODUPUZHA PRIMARY COOPERATIVE AGRICUTLURAL RURAL
DEVELOPMENT BANK LTD, NO. 4388,
THODUPUZHA, IDUKKI DISTRICT - 685581,
REPRESENTED BY ITS SECRETARY.
4 PROF. K.I. ANTONY
RESIDING AT KANATTU HOUSE, RIVER VIEW ROAD, THODUPUZHA
VILLAGE, THODUPUZHA TALUK, IDUKKI DISTRICT,PIN CODE 685581.
ADV.SRI.P.C.SASIDHARAN, FOR R4
SRI. SAIGI JACOB PALATTY-SR.G.P.
ADV.SRI.P.V.BABY
THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 04.07.2022, ALONG
WITH W.A.NOS.285 & 292 OF 2022, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
&
THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN
MONDAY, THE 4TH DAY OF JULY 2022 / 13TH ASHADHA, 1944
W.A. NO. 292 OF 2022
AGAINST THE JUDGMENT IN WP(C).NO.3554/2022 OF THE HIGH COURT OF KERALA
APPELLANT/PETITIONER:
PROF . K.I. ANTONY, AGED 74 YEARS,
S/O. ITTIAVIRA, RESIDING AT KANAT HOUSE, THODUPUZHA,
IDUKKI DISTRICT-685581
BY ADV. SRI.P.C.SASIDHARAN
RESPONDENTS/RESPONDENTS:
1 SHIBILI SAHIB,
VICE PRESIDENT, THE THODUPUZHA PRIMARY CO-OPERATIVE
AGRICULTURAL & RURAL DEVELOPMENT BANK LTD. NO.4388,
P.B.NO.13, THODUPUZHA P.O., IDUKKI DISTRICT-685581.
2 P.J.AVIRA,
DIRECTOR, THE THODUPUZHA PRIMARY CO-OPERATIVE AGRICULTURAL
& RURAL DEVELOPMENT BANK LTD. NO.4388, P.B.NO.13,
THODUPUZHA P.O., IDUKKI DISTRICT-685581.
3 T.M.SALIM,
DIRECTOR, THE THODUPUZHA PRIMARY CO-OPERATIVE AGRICULTURAL
& RURAL DEVELOPMENT BANK LTD. NO.4388, P.B.NO.13,
THODUPUZHA P.O., IDUKKI DISTRICT-685581.
4 N.I.BENNY,
DIRECTOR, THE THODUPUZHA PRIMARY CO-OPERATIVE AGRICULTURAL
& RURAL DEVELOPMENT BANK LTD. NO.4388, P.B.NO.13,
THODUPUZHA P.O., IDUKKI DISTRICT-685581.
5 LAISAMMA SASI,
DIRECTOR, THE THODUPUZHA PRIMARY CO-OPERATIVE AGRICULTURAL
& RURAL DEVELOPMENT BANK LTD. NO.4388, P.B.NO.13,
THODUPUZHA P.O., IDUKKI DISTRICT-685581.
6 K.M.SALIM,
DIRECTOR, THE THODUPUZHA PRIMARY CO-OPERATIVE AGRICULTURAL
& RURAL DEVELOPMENT BANK LTD. NO.4388, P.B.NO.13,
THODUPUZHA P.O., IDUKKI DISTRICT-685581.
7 P.D.PUSHPPAKUMAR,
DIRECTOR, THE THODUPUZHA PRIMARY CO-OPERATIVE AGRICULTURAL
& RURAL DEVELOPMENT BANK LTD. NO.4388, P.B.NO.13,
THODUPUZHA P.O., IDUKKI DISTRICT-685581.
8 MARIYAMMA BENNY,
DIRECTOR, THE THODUPUZHA PRIMARY CO-OPERATIVE AGRICULTURAL
& RURAL DEVELOPMENT BANK LTD. NO.4388, P.B.NO.13,
THODUPUZHA P.O., IDUKKI DISTRICT-685581.
9 T.M.GEORGE,
DIRECTOR, THE THODUPUZHA PRIMARY CO-OPERATIVE AGRICULTURAL
& RURAL DEVELOPMENT BANK LTD. NO.4388, P.B.NO.13,
THODUPUZHA P.O., IDUKKI DISTRICT-685581.
10 REJI JACOB,
DIRECTOR, THE THODUPUZHA PRIMARY CO-OPERATIVE AGRICULTURAL
& RURAL DEVELOPMENT BANK LTD. NO.4388, P.B.NO.13,
THODUPUZHA P.O., IDUKKI DISTRICT-685581.
11 LISSY JOSE,
DIRECTOR, THE THODUPUZHA PRIMARY CO-OPERATIVE AGRICULTURAL
& RURAL DEVELOPMENT BANK LTD. NO.4388, P.B.NO.13,
THODUPUZHA P.O., IDUKKI DISTRICT-685581.
12 THE THODUPUZHA PRIMARY CO-OPERATIVE AGRICULTURAL & RURAL
DEVELOPMENT BANK LTD. NO.4388,
P.B.NO.13, THODUPUZHA P.O., IDUKKI DISTRICT-685581,
REPRESENTED BY ITS SECRETARY.
13 ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES (G),
THODUPUZHA, IDUKKI DISTRICT-685581.
14 JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (G),
PAINAVU, IDUKKI DISTRICT-685603.
ADV.SRI.GEORGE POONTHOTTAM (SR.) ALONG WITH
ADV.SMT.NISHA GEORGE,
ADV.SRI.A.N.SANTHOSH,
ADV.SRI.P.V.BABY
THIS WRIT APPEAL HAVING BEEN HEARD ON 04.07.2022, ALONG WITH
W.A.NOS.285 & 289 OF 2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
ALEXANDER THOMAS & SHOBA ANNAMMA EAPEN, JJ.
============================================
W.A. Nos. 285, 289 & 292 of 2022
(arising out of the impugned common judgment dated 21.2.2022 in
respective WP(C).Nos.3714, 3713 & 3554 of 2022 )
============================================
Dated this the 4th day of July, 2022
JUDGMENT
ALEXANDER THOMAS, J.
W.A. Nos. 285 & 289 of 2022
The issues raised in these appeals are regarding the
proceedings taken for disqualification of the appellant in
W.A.No.285/2022, on the ground that the said appellant was
initially elected from the constituency of depositors having deposit
of not less than Rs.10,000/- in the Bank, and after the election,
he failed to maintain the said minimum level of deposit of
Rs.10,000/- and therefore, he stands disqualified. Whereas, the
said disqualification proceedings against the appellant in
W.A.No.285/2022, has been initiated at the behest of the
respondent No.4 in these appeals, who is the President of the
respondent Thodupuzha Primary Co-operative Agricultural Rural
Development Bank. Whereas, the other issue raised in these
appeals is regarding the No Confidence Motion moved by the
W.A. Nos. 285, 289 & 292 of 2022
..2..
appellants and certain other members of the Managing Committee
of the respondent society, against the 4 th respondent in these
appeals, who is the President of said society.
2. The learned Single Judge directed, that the plea for
disqualification against the appellant in W.A.No.285/2022, should
be initially considered and decided by the respondent Joint
Registrar, and only thereafter, the plea for No Confidence Motion
should be taken up for consideration in the respondent society.
3. We are told, that the term of office of the present
Managing Committee of the respondent society is almost over, and
the election process to elect the new Managing Committee is
already set in motion, and the elections are likely to be conducted
on 17.7.2022 or 24.7.2022, depending upon the availability of
halls or other infrastructural facilities for the conduct of the
election. So, in other words, the time gap between now and the
conduct of next election, is hardly less than 2 weeks. Hence, we
suggested to both sides, that this Court may dispose of the matters
with the direction that the aforesaid plea for disqualification of the
appellant in W.A.No.285/2022 as well as the No Confidence
Motion against the 4th respondent in these appeals, may stand
W.A. Nos. 285, 289 & 292 of 2022
..3..
dropped. We have taken the said view, as there is not much
relevance in continuing this litigative fight, and these issues
become rather infructuous after the elections are completed.
4. Both sides have not expressed any major objection to
the said course of action proposed by this Court.
5. Moreover, we also pointed out to both sides, that going
by the elementary Co-operative Principles envisaged Sec.2(eccc)
appended under Schedule II of the Kerala Co-operative Societies
Act, 1969, one of the main parameters therein is 'concern for
community'. Hence, we suggested to both sides, that it is about
time to put a stop to this bitter litigative fight, so that both sides
can concentrate on the elections, and then look for better days to
come, not only for themselves but also for the respondent
Co-operative Society, the members thereof as well as the
community at large.
6. Hence, it is ordered, in the interest of justice, that the
plea for disqualification of the appellant in W.A.No.285/2022 and
the plea for No Confidence Motion against the 4 th respondent in
these appeals will stand dropped. All issues raised herein are left
open. The impugned judgment of the learned Single Judge in
W.A. Nos. 285, 289 & 292 of 2022
..4..
WP(C).Nos.3714 & 3713 of 2022 will stand modified as above.
With these observations and directions, the aforesaid Writ
Appeals will stand finally disposed of.
W.A. No.292 of 2022
It is submitted by Sri.P.C.Sasidharan, learned counsel
appearing for the appellant in this appeal, on the basis of
instructions, that in view of the directions and orders passed by
this Court in the afore judgment in W.A. Nos. 285 & 289 of 2022,
nothing survives in this Writ Appeal, and the same may be closed
as infructuous.
Recording the abovesaid submission of the appellant, the
above Writ Appeal will stand disposed of as infructuous.
Sd/-
ALEXANDER THOMAS,
JUDGE
Sd/-
SHOBA ANNAMMA EAPEN,
JUDGE
MMG
