Jayendran S vs State Of Kerala
2023 Latest Caselaw 7800 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
                THE HONOURABLE MR. JUSTICE GOPINATH P.
     WEDNESDAY, THE 26TH DAY OF JULY 2023 / 4TH SRAVANA, 1945
                       WP(C) NO. 29152 OF 2022


PETITIONER:

          JAYENDRAN S,
          AGED 64 YEARS,
          S/O.SHIVAN PILLAI, MEMBER NO. 244 & FORMER PRESIDENT
          THIRUVANANTHAPURAM DISTRICT TAXI DRIVERS CO-OPERATIVE
          SOCIETY T. NO. 723 FORT, THIRUVANANTHAPURAM - 695023.
          RESIDING AT: SHIVAPRADOSHAM, METHODU LANE, THAMALAM,
          POOJAPURA P.O., THIRUVANANTHAPURAM - 695 012.
          BY ADVS.
          N.ANAND
          RAJESH O.N.


RESPONDENTS:

    1     STATE OF KERALA,
          DEPARTMENT OF CO-OPERATION, SECRETARIAT,
          THIRUVANANTHAPURAM - 695001, REPRESENTED BY ITS
          SECRETARY.

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

    3     THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL)
          VANCHIYOOR, THIRUVANANTHAPURAM - 695 035.

    4     THIRUVANANTHAPURAM DISTRICT TAXI DRIVERS CO-OPERATIVE
          SOCIETY T. NO. 723, FORT, THIRUVANANTHAPURAM - 695023
          REPRESENTED BY ITS SECRETARY.

    5     THE ADMINISTRATIVE COMMITTEE,
          THIRUVANANTHAPURAM DISTRICT TAXI DRIVERS CO-OPERATIVE
          SOCIETY T. NO. 723 FORT, THIRUVANANTHAPURAM - 695023
          REPRESENTED BY ITS CONVENOR.
 WP(C) NO. 29152 OF 2022
                                   2



     6     S. SAJEEVAN,
           GOKULAM, T 78/1406/, PARUTHIKUZHI MANACAUD P.O.,
           THIRUVANANTHAPURAM-695 009.

     7     K.S.BABURAJAN,
           SHIVASHAILAM, T C NO. 28/1756 FRA 148A, FORT P.O.,
           THIRUVANANTHAPURAM-695 023.

     8     SATHEESHAN,
           T.C. 43/1064-3 ASHWATHI BHAVANAM, VNRA - 27,
           MANACAUD P.O- THIRUVANANTHAPURAM-695 009.
           BY ADVS.
           SMT.RESHMI THOMAS, GOVERNMENT PLEADER
           SRI.P.C.SASIDHARAN


      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   26.07.2023,   THE    COURT   ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 WP(C) NO. 29152 OF 2022
                                   3



                             JUDGMENT

The petitioner is the former President of the Managing

Committee of the 4th respondent Society. He has approached this

Court being aggrieved by the fact that an Administrative Committee

consisting of persons whose actions lead to the loss of quorum of the

Managing Committee have been appointed as the Administrative

Committee for management of the 4th respondent Society. It is the

case of Sri.N.Anand the learned counsel appearing for the petitioner

that the decision of the 3rd respondent to appoint persons whose

actions lead to the loss of quorum for the Managing Committee as the

Administrative Committee of the Society is clearly illegal and contrary

to the law laid down by this Court in State Co-operative Election

Commission v. N.P.Paulose [judgment dated 06.07.2017 in

W.A.No.1410 of 2017]. It is submitted that if the action of the 3 rd

respondent were to be upheld, it would result in a situation where

persons who changed political affiliations or for some other reason

resigned from being members of the Managing Committee, the

Registrar / Joint Registrar can put such persons in management of the

affairs of the Society by appointing them as an Administrative WP(C) NO. 29152 OF 2022

Committee. It is submitted that in the facts of the present case, one of

the persons who resigned from the Managing Committee had so

resigned only on account of the fact that he was not elected as

President of the Managing Committee. It is submitted that the said

person had also convinced yet another member of the Managing

Committee to resign leading to loss of quorum. It is submitted that in

such circumstances, the action of the 3rd respondent in appointing the

very same persons as the Administrative Committee is clearly illegal

and an Administrative Committee consisting of the petitioner and

others who continued to be members of the Managing Committee

should be appointed taking cue from the law laid down by the

judgment of this Court in W.A.No.1410 of 2017.

2. Adv.P.C.Sasidharan, the learned counsel appearing for

respondents 4, 5, 6 and 8 would contend that with reference to the

counter affidavit filed in this case that even going by the law laid down

by this Court in the judgment in W.A.No.1410 of 2017, the petitioner is

not entitled to the reliefs sought for in the writ petition. It is submitted

that the petitioner and members of his close family have availed

various credit facilities from the Society and most of them are in

default. It is submitted that there is a specific averment in the counter WP(C) NO. 29152 OF 2022

affidavit that no action had been taken by the Society to recover

amounts due under those loans despite the fact that they were in

default. It is submitted that such a person cannot be again put back as

a member of the Administrative Committee to manage the affairs of

the Society till a fresh election is held. It is submitted that the Society

is a Society of Taxi drivers and existing members were therefore

appointed as the Administrative Committee as it may not have been

possible for a departmental official to manage the affairs of the

Society. Pertinently it is also pointed out that the Administrative

Committee was appointed on 31.08.2022 for a period of six months. It

is submitted that the term of the Administrative Committee was

extended for a further period of six months by the Joint Registrar and

the extended term of the Administrative Committee is to expire on

31.08.2023. It is submitted that unless the Government were to

extend the term of the Administrative Committee further, the fresh

elections would have to be held to the Managing Committee and

accordingly, the Administrative Committee took a resolution to hold

the elections to the Managing Committee on 20.08.2023. It is

submitted that an election notification has also been issued by the

State Co-operative Election Commission on 05.07.2023 proposing to WP(C) NO. 29152 OF 2022

hold the elections on 20.08.2023.

3. The learned counsel appearing for the petitioner in reply

would submit that the action of the Administrative Committee in

taking a resolution to hold the elections on 20.08.2022 is clearly an

act in defiance of the orders of this Court dated 06.09.2022 where this

Court had, while admitting the writ petition, directed that the

Administrative Committee shall not take any policy decision or enroll

any new members for a period of one month. It is submitted that the

said order was extended from time to time and continues to be in force

as on today. It is submitted that an election on the basis of a

resolution taken in defiance of the orders issued by this Court cannot

be permitted to be held. It is submitted that since the Government

has the power to extend the term of the Administrative Committee, it

would not lie in the mouth of the contesting respondents to state that

since the term of the Administrative Committee is to expire on

31.08.2023, no purpose would be served by appointing the petitioner

and others as members of a new Administrative Committee by

allowing the prayers in the writ petition.

4. Having heard the learned counsel appearing for the

petitioner, learned counsel appearing for the official respondents and WP(C) NO. 29152 OF 2022

the learned counsel appearing for respondents 4, 5, 6 and 8, I am of

the opinion that atleast, on account of efflux of time, it is not

necessary for this Court to grant the reliefs sought for in the writ

petition. The law laid down by this Court in the judgment in W.A.

No.1410 of 2017 is that when it becomes necessary to appoint an

Administrator or an Administrative Committee owing to a reason not

attributable to the members of the Managing Committee, which was

being superseded, it would be only appropriate that members of the

Managing Committee in office are appointed to be members of the

Administrative Committee. However, there is an important rider in

the said judgment, which indicates that where there are reasons which

may compel the authorities to appoint others as members of the

Administrative Committee, such a discretion cannot be denied to the

authorities. This is clear from the fact that the Division Bench in the

judgment in W.A. No.1410 of 2017 has only said that it would

ordinarily be desirable that members of the Society be considered if

not otherwise disqualified. Further, a reading of the Division Bench

judgment in W.A.No.1410 of 2017 suggests that the observations were

in relation to appointing persons other than members of the Society

from being members of the Administrative Committee. In the facts of WP(C) NO. 29152 OF 2022

this case certain members of the society themselves has been

appointed as members of the Administrative Committee. That apart,

as already noticed, the term of the present administrative committee

is to expire on 31.08.2023 and the elections to the Managing

Committee have been notified to be held on 20.08.2023. Therefore,

the term of the present Administrative Committee will not extend

beyond 20.08.2023, in normal circumstances. In that view of the

matter, as the elections are to be held about 25 days from today, I do

not deem it necessary to issue grant the reliefs sought for in the writ

petition as a new committee will be in office no later than 21.08.2023.

Coming to the argument of the learned Counsel appearing for

the petitioner that the decision of the Administrative Committee to

hold elections on 20.08.2023 is in defiance of the order dated

06.09.2022 [which has been extended from time to time] I am of the

view that a decision taken by an Administrative Committee, whose

term is to expire, to hold elections before the expiry of its term, cannot

be treated as a 'policy decision'. There is a statutory mandate on the

Managing Committee or an Administrative Committee /

Administrator in office that a resolution has to be taken for the

purpose of holding elections atleast 60 days prior to the expiry of the WP(C) NO. 29152 OF 2022

term of the Committee. Here, as already noticed, the term of the

Administrative Committee is to expire on 31.08.2023. The fact that

there is a provision empowering the Government to further extend the

term of the Administrative Committee is no reason to hold that the

present Administrative Committee was not required in terms of the

statute to take a resolution to hold elections atleast 60 days prior to

the date on which the term of the Administrative Committee would

expire. As the Administrative Committee has only complied with a

statutory mandate, it cannot be said that the resolution to hold the

election on 20.08.2023 was a case of violation of the order of this

Court prohibiting the Administrative Committee from taking any

policy decision.

In view of the above, the writ petition fails and it is accordingly

dismissed.

Sd/-

GOPINATH P.

JUDGE DK WP(C) NO. 29152 OF 2022

APPENDIX OF WP(C) 29152/2022

PETITIONER EXHIBITS Exhibit-P1 TRUE COPY OF THE RELEVANT PORTION THE

Exhibit-P2 TRUE COPY OF THE JUDGMENT DATED 06.07.2017 PASSED BY THIS HON'BLE COURT IN WA NO. 1410 OF 2017 Exhibit-P3 TRUE COPY OF THE ORDER DATED 29.08.2022

Exhibit-P4 TRUE COPY OF THE ORDER DATED 31.08.2022

Exhibit-P5 TRUE COPY OF THE PETITIONER'S DRIVING LICENCE Exhibit-P6 TRUE COPIES OF SOME RECEIPTS DATED

Exhibit-P7 TRUE COPY OF SOME RECEIPTS DATED

Exhibit P5 A TRUE COPY OF THE NOTIFICATION DATED 05.07.2023 ISSUED BY THE KERALA STATE CO-OPERATIVE ELECTION COMMISSION IN NO.

OI/979/2023/E(2) SCEC RESPONDENT EXHIBITS Exhibit R4(a) THE TRUE COPY OF THE DETAILS OF AMOUNTS DUE IN VARIOUS ACCOUNTS IN WHICH THE PETITIONER HAS AVAILED THE CREDIT FACILITIES Exhibit R4(b) THE TRUE COPY OF THE DETAILS OF AMOUNTS DUE IN VARIOUS ACCOUNTS IN WHICH THE PETITIONER'S DAUGHTER HAS AVAILED THE CREDIT FACILITIES Exhibit R4(c) A TRUE COPY OF THE TRANSACTION DETAILS OF PROPERTY LOAN AVAILED BY SMT. RESHMI Exhibit R4(d) THE TRUE COPY OF THE DETAILS OF AMOUNTS DUE IN VARIOUS ACCOUNTS IN WHICH THE PETITIONER'S SON-IN-LAW HAS AVAILED THE CREDIT FACILITIES Exhibit R4(e) A TRUE COPY OF THE TRANSACTION DETAILS OF PROPERTY LOAN AVAILED BY SRI.

SUDHIRAJ