Rajan.K vs The Joint Registrar Of ...
2023 Latest Caselaw 10367 Ker

                                                                                  C. R.
                     IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                     PRESENT
                     THE HONOURABLE MR. JUSTICE SATHISH NINAN
         SATURDAY, THE 30TH DAY OF SEPTEMBER 2023 / 8TH ASWINA, 1945
                             WP(C) NO. 31797 OF 2023
PETITIONER:

              RAJAN.K.
              AGED 56 YEARS, S/O K. KRISHNAN NAIR,
              SWARAMANJERI, ANJUMUKKU COVIL ROAD, MUTTADA.P.O.
              THIRUVANANTHAPURAM, PIN - 695025

              BY ADVS.
              B.S.SWATHI KUMAR
              HARISANKAR N UNNI


RESPONDENTS:

     1        THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (G)
              JAWAHAR SAHAKARANA BHAVAN, JAGATHY, THIRUVANANTHAPURAM, PIN -
              695014

     2        THE CENTRAL GOVERNMENT EMPLOYEES
              & WORKERS CO-OPERATIVE CREDIT SOCIETY LTD.NO. T. 1413, USRA-
              17, UDARASIROMANY ROAD, VAZHUTHACAUD, THIRUVANANTHAPURAM
              REPRESENTED BY ITS PRESIDENT, PIN - 695010

* ADDL. RESPONDENT NO.3

 ADDL. R3     AMBAREESH NAIR R.S., AGED 32 YEARS,
              S/O SREEKUMAR, OFFICE OF GARRISON ENGINEER (ARMY), THIRUMALA
              POST, TRIVANDRUM-695006.

* [ADDL. RESPONDENT NO.3 IS IMPLEADED          AS   PER    ORDERS     OF   THIS   COURT
DATED29.09.2023 IN I.A. NO.1/2023].

              BY ADVS.
              SMT.SHEEJA C.S., SR. GOVT. PLEADER
              T.P.PRADEEP
              P.K.SATHEES KUMAR
              MINIKUMARY M.V.
              R.K.PRASANTH
              JIJO JOSEPH


     THIS     WRIT   PETITION   (CIVIL)   HAVING    COME   UP   FOR    ADMISSION      ON
30.09.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                                                                 C. R.

                   SATHISH NINAN, J.
          = = = = = = = = = = = = = = = = = =
               W.P.(C) No.31797 of 2023
          = = = = = = = = = = = = = = = = = =
       Dated this the 30th day of September, 2023

                        J U D G M E N T

Order under Rule 16 (4) of the Co-operative

Societies Rules, 1969, removing the petitioner from the

membership of the second respondent Society, is under

challenge in this writ petition.

2. As per the bye-laws of the Society, any employee

of a Central Government establishment situated within

Trivandrum District, who has completed one year

continuous service, is entitled to be a member of the

Society. On satisfaction of the condition as above, the

petitioner acquired membership in the Society. Later,

the petitioner was transferred to Kochi. The additional

third respondent moved the first respondent - Joint

Registrar, for removal of the petitioner from the

membership contending that, since the petitioner is not

working within the area of operation of the Society viz. W.P.(C) No.31797 of 2023

Trivandrum District, he has lost his eligibility for

membership.

3. I have heard Sri.Swathi Kumar B.S., learned

counsel for the petitioner, Sri.T.P.Pradeep, the learned

counsel for the third respondent, and Smt.Sheeja C.S.,

the learned Senior Government Pleader.

4. The fact that the petitioner is presently

employed beyond Trivandrum District, the area of

operation of the Society, is not in dispute.

5. The contention of the petitioner is that, the

bye-law of the Society specifically prescribe the

conditions under which a person ceases to be a member.

Transfer and shifting of residence beyond the area of

operation of the Society is not a ground mentioned

therein for cessation of membership. Once membership has

been acquired, the transfer of the member to any place

beyond the area of operation of the Society does not

result in losing of membership, it is contended. W.P.(C) No.31797 of 2023

6. The bye-laws does not prescribe that membership

ceases if a member is transferred beyond the area of

operation of the Society. Clause 11 of the bye-laws

reads thus:-

"11. A person ceases to be a member(i) on death; (ii) when his resignation is accepted by the Managing Committee; (iii) on expulsion (iv) when he retires from service. A past member shall be liable for the debts due by the society on completion of repayments of the existing liability."

However, for reasons given hereunder, I am unable to

uphold the contention of the petitioner that the

transfer and consequential employment of a member beyond

the area of operation of the Society does not result in

cessation of membership.

7. Rule 16 stipulates the conditions to be complied

with by a person for admission as a member. Rule (1)(c)

requires fulfillment of the conditions in the Act,

Rules, and bye-laws of the Society. In the case at hand, W.P.(C) No.31797 of 2023

the bye-laws imposes two conditions for eligibility for

membership viz. (i) he must be an employee in a Central

Government establishment within the Trivandrum District

and (ii) he has completed one year continuous service.

The above is the eligibility criteria for membership.

The Society is formed to cater the needs of the

employees within its area of operation - Trivandrum

District. When a member is transferred beyond the

territorial jurisdiction of the Society, he ceases to

satisfy the eligibility criteria to be a member that is,

he no more fulfills the requirement in the bye-law to be

a member of the Society.

8. In terms of Rule 16(3) and (4), when a member

becomes ineligible for continuance of membership, he is

liable to be removed by the Managing Committee of the

Society or by the Registrar. The provisions read thus: W.P.(C) No.31797 of 2023

16. Conditions to be complied with for admission for membership.--(1) xxxxx (2) xxxxx (3) Where a person already admitted to membership is seen to have been ineligible for membership at the time he was so admitted as a member or if he subsequently becomes ineligible for membership the Committee of the Society may remove the person from membership after giving him an opportunity for making his representation if any, and the person concerned shall thereupon cease to be a member of the society.

(4) Where a member of a society becomes ineligible to continue as such, the Registrar may of his own motion or on a representation made to him by any member of the society or by the financing Bank, by an order in writing declare that he has ceased to be a member of the society from the date of his order. The Registrar shall give such person an opportunity to state his objection, if any, to the proposed action and if the person wishes to be heard, he shall be given an opportunity to be heard before passing an order as aforesaid.

That when the conditions envisaged in Rule 16(1) is

violated, such member is liable to be removed under Rule

16(3), has been held by Division Bench of this Court in W.P.(C) No.31797 of 2023

Part Time Administrator Adat Farmers Service Co-operative Bank Ltd.

No.R 689 and Another v. Vipin K. Hari (ILR 2023 (1) KER 121).

9. The petitioner, having lost the eligibility

criteria to be a member, he becomes ineligible to

continue as a member. The Committee having failed to

take steps for removal from membership, it was within

the domain of the Registrar to act on the complaint of

the third respondent and to have initiated steps for

removal of the petitioner from the membership. The

action of the first respondent has due sanction of law.

As held above, the petitioner being presently working

beyond the area of operation of the Society, has lost

the eligibility criteria to be a member and he was

rightly removed from the membership.

10. As regards the contention of the petitioner

that the bye-laws of the Society does not contemplate W.P.(C) No.31797 of 2023

for cessation of membership on a member being

transferred beyond the area of operation of the Society,

it is to be noticed that, what Clause-11 of the bye-law

provides for is, cessation of membership on death,

resignation, expulsion and retirement. Such cessation is

automatic and would not generally require any further

declaration. However, when a member loses his

eligibility criteria mandated under the bye-laws for

membership, it is a case which falls within the Rule

16(3) and (4) of the Rules where a member becomes

ineligible for membership and requires a declaration or

an order of removal from membership. Such member is

liable to be removed from the membership. Therefore, the

non-mentioning of such a contingency in Clause-11 of the

bye-laws is of no consequence.

W.P.(C) No.31797 of 2023

The order of the first respondent removing the

petitioner from membership is in accordance with law and

warrants no interference. Writ petition fails and is

dismissed.

Sd/-

SATHISH NINAN JUDGE

kns/-

//True Copy// P.S. to Judge APPENDIX OF WP(C) 31797/2023

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE RELEVANT PORTION OF THE BYE-

LAW OF THE 2ND RESPONDENT.

Exhibit P2 TRUE COPY OF THE NOTICE NO. C.S. 8437/2022 DATED 25-7-2023 ISSUED BY THE 1ST RESPONDENT.

Exhibit P3 TRUE COPY OF THE EXPLANATION SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT DATED 5-8-2023

Exhibit P4 TRUE COPY OF THE EXPLANATION SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT DATED 19-8-2023

Exhibit P5 TRUE COPY OF THE NOTICE NO. C.S. 8437/2022 DATED 8-8-2023 ISSUED BY THE 1ST RESPONDENT.

Exhibit P6 TRUE COPY OF THE JUDGMENT IN W.P.(C)NO.

28662/2023 DATED 5-9-2023

Exhibit P7 TRUE COPY OF THE ORDER NO. C.S.NO. 8437/2022 DATED 21-9-2023 ISSUED BY THE 1ST RESPONDENT.

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