Dileepkumar C.V vs The Joint Registrar, ...
2023 Latest Caselaw 7061 Ker

                  IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                   PRESENT
                   THE HONOURABLE MR. JUSTICE GOPINATH P.
          FRIDAY, THE 23RD DAY OF JUNE 2023 / 2ND ASHADHA, 1945
                           WP(C) NO. 16038 OF 2023
PETITIONER:

              DILEEPKUMAR C.V.,AGED 43 YEARS
              S/O. LATE RAMACHANDRAN, CHENCHERIL HOUSE, KANNIVAYAL.P.O,
              MUNAYAMKUNNU, KASARAGOD, PIN - 670511

              BY ADV A.L.GEORGE


RESPONDENTS:

  1   THE JOINT REGISTRAR, CO-OPERATIVE SOCIETIES (GENERAL),
      CIVIL STATION, KASARAGOD, PIN - 671123

  2   THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES
      KANHANGAD, PIN - 671315

  3   EAST ELERI SERVICE CO-OPERATIVE BANK LTD.NO.8832
      CHITTARIKKAL.P.O, KASARAGOD- REPRESENTED BY ITS SECRETARY, PIN -
      671326

  4   MATHEW.P.M,S/O.MICHAEL, PRESIDENT, EAST ELERI SERVICE CO-
      OPERATIVE BANK LTD.NO.8832 CHITTARIKKAL.P.O, KASARAGOD, PIN -
      671326

  5   THE SECRETARY,EAST ELERI SERVICE CO-OPERATIVE BANK LTD.NO.8832
      CHITTARIKKAL.P.O, KASARAGOD, PIN - 671326

  6   JOSE THOMAS,AGED 57 YEARS
      S/O. THOMAS, PERINGALLOOR, PALAVAYAL.P.O, PIN-670511. SECRETARY,
      EAST ELERI SERVICE CO-OPERATIVE BANK LTD.NO.8832
      CHITTARIKKAL.P.O, KASARAGOD-, PIN - 671326

  7   RAMESHAN & GIJO CONSULTANCY PVT. LTD.
      DOOR NO.1562, WARD 2, TRADE CENTRE BUILDING III FLOOR, YOGASALA
      ROAD, KANNUR- REPRESENTED BY ITS AUTHORIZED REPRESENTATIVE., PIN
      - 670001

      BY ADVS.P.N.MOHANAN
      C.P.SABARI(K/973/2010)
 W.P.(C)No.16038/2023                   2

       SRI. RESHMI THOMAS - G.P.
       AMRUTHA SURESH(K/000971/2016)
       GILROY ROZARIO(K/399/2021)


THIS   WRIT   PETITION   (CIVIL)   HAVING   COME   UP   FOR   ADMISSION   ON
23.06.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C)No.16038/2023                   3

                              JUDGMENT

The petitioner has approached this Court with a grievance that no

proper selection is being conducted by the 3 rd respondent Society

pursuant to Ext.P1 notification. According to the petitioner, the

petitioner had applied for the post of Peon in response to Ext.P1

notification and had also appeared for the written test conducted by the

7th respondent. The petitioner states that, despite the passage of more

than eight months, the rank list has not been published by the 3 rd

respondent and there are wide spread allegations that the 6 th respondent

had indulged in large scale malpractices and had collected huge amount

as bribe from certain persons for accommodating them in various posts.

It is also alleged that the 7th respondent who conducted the examination

is a close relative and friend of the 6 th respondent, the Secretary of the

3rd respondent Society. The petitioner had submitted complaints before

respondents 1 and 2, in the matter.

2. The 3rd respondent has filed a counter affidavit inter alia

stating that after the issuance of Ext.P1 notification, certain complaints

were raised regarding the selection process by three candidates

mentioned in paragraph 4 of the counter affidavit filed by the 3 rd

respondent. It is submitted that the Joint Registrar had directed the 3 rd

respondent not to make any appointments and that was challenged by

the 3rd respondent by filing W.P.(C)No.29522/2022 before this Court. It

is submitted that, that writ petition was disposed of by Ext.R4(a)

judgment on 10.10.2022 and following the directions contained in that

judgment, the Joint Registrar had, by proceedings marked as Ext.R4(b)

dated 17.12.2022 permitted the bank to continue with the selection

process. It is submitted that in the meanwhile, the term of the then

managing committee expired and elections were held to the Society on

10.11.2022. It is submitted that the petitioner cannot raise any

complaint regarding the selection process as the selection process is not

yet completed and the results have not yet been published.

3. The learned counsel appearing for the petitioner, in reply,

would submit that going by the judgment of this Court in Nilambur

Co-operative Urban Bank v. Joint Registrar of Co-operative

Societies (General) and another; 2020 KHC 3062, the power of

the Registrar/Joint Registrar under Section 66 of the Co-operative

Societies Act, 1969 includes the power to ensure compliance with the

bye-laws and statutory provisions and to confine the working of the

Society within the bounds of the law. The learned counsel submits that

there is also a finding in that judgment that if the Registrar/Joint

Registrar finds any malpractice, the Registrar/Joint Registrar has the

authority to supervise the conduct of examination and ensure

transparency and fairness of such examination. The learned counsel

appearing for the petitioner would, therefore, submit that Exts.P3 and

P4 complaints have to be considered by the official respondents.

4. Having heard the learned counsel appearing for the

petitioner and the learned standing counsel appearing for the 3 rd

respondent and the learned Government Pleader appearing for the

official respondents, I am of the view that this writ petition can be

disposed of permitting the 3rd respondent to continue with the selection

process. The petitioner, it is not disputed, has taken part in the written

test. However, for reasons already noticed above, the selection could

not be completed. It is only after the selection is completed, can the

petitioner raise a grievance that the selection was not properly

conducted. Even without the results being declared and without the

selection process being completed, it does not lie in the mouth of the

petitioner, who was also a candidate in the selection process, to contend

that the selection process is being conducted in an illegal manner.

Accordingly, this writ petition will stand disposed of permitting

the 3rd respondent bank to complete the selection process in terms of

Ext.P1 in accordance with the law. The judgment of this Court in

Nilambur Co-operative Urban Bank(supra) clearly indicates that

the authorities under the Co-operative Societies Act, including the Joint

Registrar exercising the powers of the Registrar have power under

Section 66 of the Co-operative Societies Act, 1969 to ensure that a

selection process to a Society is conducted in a fair and transparent

manner. If the petitioner has any subsisting grievance after the

selection process is completed, it will be open to the petitioner to

approach the competent authority in that regard.

sd/-

GOPINATH P.

JUDGE acd

APPENDIX OF WP(C) 16038/2023

PETITIONER EXHIBITS

Exhibit P1 THE TRUE COPY OF THE NOTIFICATION DATED 26-03-2022 ISSUED BY 3RD RESPONDENT IN MALAYALA MANORAMA DAILY DATED 27.03.2022

Exhibit P2 THE TRUE COPY OF THE HALL TICKET ISSUED TO THE PETITIONER BY THE 5TH RESPONDENT DATED 17.08.2022

Exhibit P3 THE TRUE COPY OF THE COMPLAINT SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT DATED 03-05-2023

Exhibit P4 THE TRUE COPY OF THE COMPLAINT SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 03-05-2023

Exhibit P5 THE TRUE COPY OF THE NOTICE ISSUED TO MR.

JAMES PANTHAMAKKAL IN CONNECTION WITH THE PE 08/2022/KSD ISSUED BY DEPUTY POLICE SUPERINTENDENT, VACB, KASARAGOD UNIT DATED 20.03.2023

RESPONDENT EXHIBITS

Exhibit R4 (a) A true copy of the Judgment dated 10.10.2022 in W.P.(C).No.29522/2022

Exhibit R4 (b) A true copy of the order dated 17.12.2022 of the Joint Registrar of Co-operative Societies