Kerala High Court
The Managing Committee, Guruvayur ... vs The Joint Registrar Of Co-Operative ... on 8 December, 2023
Author: N.Nagaresh
Bench: N.Nagaresh
WP(C) No.41178/2023 1/5
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
Friday, the 8th day of December 2023 / 17th Agrahayana, 1945
WP(C) NO. 41178 OF 2023 (V)
PETITIONER:
THE MANAGING COMMITTEE, GURUVAYUR URBAN CO-OPERATIVE BANK LTD. NO.
F1652 GURUVAYUR P.O., THRISSUR DISTRICT- REPRESENTED BY THE
CHAIRMAN, PIN - 680101
RESPONDENTS:
1. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL), THRISSUR,
THRISSUR DISTRICT , PIN - 680506
2. THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL),
CHAVAKKAD, GURUVAYUR, THRISSUR DISTRICT , PIN - 680506
3. JUBY T. KURIAKOSE, JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES
(GENERAL) THRISSUR, THRISSUR DISTRICT, PIN - 680506
4. SRI V. VENUGOPAL, MEMBER BOARD OF DIRECTORS, GURUVAYUR URBAN CO-
OPERATIVE BANK LTD. NO. F1652, GURUVAYUR P.O., THRISSUR DISTRICT,
PIN - 680101
Writ petition (civil) praying inter alia that in the circumstances
stated in the affidavit filed along with the WP(C) the High Court be
pleased to stay the operation of Exhibit-P5 and all further proceedings
pursuant thereto, pending disposal of the Writ Petition.
This petition coming on for admission upon perusing the petition and
the affidavit filed in support of WP(C) and upon hearing the arguments of
SHRI.GEORGE POONTHOTTAM (SENIOR) along with M/S.NISHA GEORGE & ANSHIN K.K
Advocates for the petitioner and of GOVERNMENT PLEADER for R1 & R2 (By
Order), the Court passed the following:
WP(C) No.41178/2023 2/5
N.NAGARESH, J.
------------------------------------------------
W.P.(C) No.41178 of 2023
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Dated this the 8th day of December, 2023
ORDER
The petitioner-Managing Committee in its meeting held on
04.11.2023 and 06.11.2023 decided to accept the new
memberships of 653 and 673 members respectively. The Joint
Registrar (General) of the Co-operative Society, Thrissur, as per
Ext.P5, rescinded the resolution passed by the Managing
Committee holding that mandatory notice was not given to the
Committee Meeting held on 06.11.2023. Thereby, 673 members
of the Society cease continue as members.
2. The petitioner relied on a judgment of this Court in
President, C. V. V. Co-operative Society v. Project Officer
[1981 KHC 62] wherein it was held that resolution admitting new
members cannot be set aside under Rule 176 of the Co-
operative Societies Rules, 1969 without hearing newly
admitted members. A Division Bench judgment of this Court
in Purushothaman v. Registrar [1996 KHC 261] is also to
the same effect.
3. Government Pleader resisted grant of any interim
relief to the petitioner and relied on the Division Bench
judgment of this Court reported in 1996 KHC 261 (supra). In
the said judgment, the Division Bench held that if grant of
opportunity of hearing is futile, the same need not be granted.
4. I find that the judgment in 1981 KHC 62 (supra)
was delivered in the context of cancellation of resolution by
the Joint Registrar under Rule 176 of the Kerala Co-operative
Societies Rules, 1969. The judgment in 1996 KHC 261 was
delivered in the context of an illegal appointment, where fraud
was also alleged.
5. In the facts of the case, I find that the petitioner-
Managing Committee has made out a prima facie case.
6. Admit.
7. Government Pleader takes notice for respondents
1 and 2. Issue urgent notice by Special Messenger to
respondents 3 and 4.
8. There will be an interim order directing respondents
1 and 2 to include the names of 673 members, whose
appointment was approved in the Managing Committee
meeting held on 06.11.2023 in the voter's list provisionally.
During the election, if 673 members are permitted to votes,
their votes shall be polled and kept in a separate Ballot Box.
9. Respondents to file counter affidavit, if any.
Post for hearing on 20.12.2023.
Sd/-
N.NAGARESH
JUDGE
spk
08-12-2023 /True Copy/ Assistant Registrar
APPENDIX OF WP(C) 41178/2023
Exhibit-P5 A TRUE COPY OF THE ORDER NO. JRGTSR/3667/2023-CRB2
PASSED BY THE JOINT REGISTRAR BEARING THE DATE
04.12.2023 AND ISSUED ON 06.12.2023.
08-12-2023 /True Copy/ Assistant Registrar
