Kerala High Court
Baiju .O.K vs The Joint Registrar Of Co-Operative ... on 9 April, 2024
Author: Devan Ramachandran
Bench: Devan Ramachandran
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
TUESDAY, THE 9TH DAY OF APRIL 2024 / 20TH CHAITHRA, 1946
WP(C) NO. 1767 OF 2024
PETITIONERS:
1 BAIJU .O.K.
AGED 46 YEARS
S/O KANNAN KEERAN, ODAMKUZHIYIL, KACHERI, MUKKOM, PIN -
673602
2 SHARAFUDHEEN.T.K.
AGED 36 YEARS
S/O KOYA, THARIPPAKKUNNUMMAL HOUSE, NEELESWARAM.P.O.,
KOZHIKODE, PIN - 673582
BY ADVS.
P.P.JACOB
MARIYAM JACOB
RESPONDENTS:
1 THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (G)
KOZHIKODE, OFFICE OF THE JOINT REGISTRAR OF CO-OPERATIVE
SOCIETIES, PUTHIYARA, KOZHIKODE, PIN - 673004
2 THE ADMINISTRATIVE COMMITTEE
MUKKOM, SERVICE CO-OPERATIVE BANK LTD NO.F 1241,
MUKKOM.P.O, KOZHIKODE -REPRESENTED BY ITS CONVENER, PIN -
673602
3 ADDL.R3. MUKKOM SERVICE CO-OPERATIVE BANK LTD NO. F
1241,MUKKOM P.O, KOZHIKODE, PIN - 673602, REPRESENTED BY
ITS SECRETARY (ADDL.R3 IS IMPLEADED AS PER ORDER IN
I.A.NO.1/2024 DATED 09.04.2024)
BY ADVS.
M.SASINDRAN
JAIBY PAUL
ANITA GLENDA PHILIP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
09.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 1767 OF 2024
2
JUDGMENT
I must record upfront that another writ
petition namely WP(C)No.13127/2024 has already
been disposed of by this Court, wherein, the
request of the Mukkom Service Co-operative Bank
Ltd. - the petitioners therein for permission to
enroll new members - has been ordered to be
decided by the competent statutory Authority.
2. In this case, Sri.P.P. Jacob - learned
counsel petitioners, argues that the Bank, which
is now under the management of the
Administrative Committee, cannot enroll new
members, nor can they change its electoral roll
in any manner whatsoever, pending fresh
elections.
3. I notice that an interim order has been
issued by this Court on 19.01.2024 with to
WP(C) NO. 1767 OF 2024
following effect:
"Sri P.P Jacob, the learned counsel
appearing for the petitioner, submitted
that the elected committee of the Mukkam
Service Cooperative Bank Ltd. was
superseded and a part-time Administrator
was appointed. The aforesaid action is
under challenge before this Court in W.P.
(C) No. 44021/2023. He contends that the
Administrator has now been replaced by the
Administrative Committee. According to the
learned counsel, attempts are being made
to enroll new members in order to disturb
the constitution and structure with a view
to capture the administration of the
society. It is contended that the Apex
Court in Joint Registrar of Cooperative
Societies v. T.A.Kuttappan [2000 (2) KLT
480], after analyzing the provisions of
the Act, has made it clear that the
Administrator or an Administrative
Committee is only to bring on an even
keen, a ship which was in doldrums and
they would have no power to enroll new
members. 2. Sri M. Sasindran, the learned
counsel appearing for the Administrative
Committee, points out that new members
WP(C) NO. 1767 OF 2024
will have to be inducted to ensure that
the functioning of the society is not
disrupted and according to the learned
counsel, restrictions can be placed by
imposing voting rights. The learned
counsel would also refer to the judgment
rendered by a learned Single Judge of this
Court in Shaji v. Cooperative Elections
[2004 (2) KLT 1084] and it is submitted
that in appropriate cases, the
Administrator will have to confer
membership taking note of the
contingencies. The learned counsel would
also rely on an interim order passed by
this Court wherein this Court had ordered
that such members shall not be eligible
for any voting right. Having considered
the submissions advanced and taking note
of the peculiar facts presented in the
instant case, I am of the view that the
petitioner has made out a case for the
grant of an interim order. There will be
an interim order as prayed for, for a
period of four weeks. The respondents
shall place on record their counter."
4. However, it is conceded by both sides
WP(C) NO. 1767 OF 2024
that the law is now well settled that, even if
the Administrative Committee is to issue
membership, such shall be without any voting
rights; and all of them, therefore, that such a
safeguard be incorporated into the present case
also.
5. As I have already said above, this Court
had already directed the statutory Authority in
the aforementioned judgment, to consider all
these aspects. Obviously, the said directions
will inure to the petitioners herein also, so
that all their contentions against the attempt
of the Administrative Committee, through grant
of memberships, can also be taken note of by the
competent Authority. All precedents covering the
field are permitted to be placed before the said
Authority by the parties, so that he will be
guided to an apposite decision in law.
WP(C) NO. 1767 OF 2024
Resultantly, I allow this writ petition,
vacating the interim order afore; however,
clarifying that any fresh membership can be
offered by the Administrative Committee only
after the exercise has ordered in
WP(C)No.13127/2024 is completed and, that too
after hearing the petitioners herein also.
While the afore exercise is completed, the
competent Authority will allow the petitioners
to present any precedent that they intend to
rely upon and the same will be considered and
his opinion on the same reflected in the
resultant order.
At this time, Sri.P.P.Jacob added that
normally only 'D' class memberships can be
granted and the attempt to grant 'A' Class
membership is illegal; and that this is why his
client has been constrained to approach this
WP(C) NO. 1767 OF 2024
Court.
In reply, Sri.M.Sasindran - learned counsel
appearing for respondent - Society, submitted
that 'D' Class membership is not offered to
persons with respect to regular banking
activity, but for other purposes.
I do not propose to answer these
disputations, but leave it to be decided by the
competent Authority, when the decision as
directed afore is taken.
Sd/-
DEVAN RAMACHANDRAN
JUDGE
SAS
WP(C) NO. 1767 OF 2024
APPENDIX OF WP(C) 1767/2024
PETITIONERS' EXHIBITS
Exhibit P1 TRUE PHOTOCOPY OF THE ORDER ISSUED BY THE
JOINT REGISTRAR DATED 28.12.2020
Exhibit P2 TRUE PHOTOCOPY OF COMMON JUDGMENT IN
W.A.1310/2021 DATED 25.1.22
Exhibit P3 TRUE PHOTOCOPY OF THE JUDGMENT IN W.P.(C)
27113/21 DATED 4.12.21
Exhibit P4 TRUE PHOTOCOPY OF THE JUDGMENT IN W.A 1778/23
DATED 16.10.23
Exhibit P5 TRUE PHOTOCOPY OF THE ORDER VIDE G.O.(RT) NO.
665/23/CO-OP. DATED 5.12.2023 ISSUED BY THE
GOVERNMENT
Exhibit P6 TRUE PHOTOCOPY OF THE REPRESENTATION SUBMITTED
BY THE PETITIONERS BEFORE THE JOINT REGISTRAR
OF CO-OPERATIVE SOCIETIES DATED 29.12.23
