Lalumon B vs The Joint Registrar Of Co-Operative ...
2024 Latest Caselaw 15088 Ker

Citation : 2024 Latest Caselaw 15088 Ker
Judgement Date : 4 June, 2024

Kerala High Court

Lalumon B vs The Joint Registrar Of Co-Operative ... on 4 June, 2024

Author: Devan Ramachandran

Bench: Devan Ramachandran

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
          THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
     TUESDAY, THE 4TH DAY OF JUNE 2024 / 14TH JYAISHTA, 1946
                       WP(C) NO. 19587 OF 2024
PETITIONERS:

    1     LALUMON B
          AGED 56 YEARS
          S/O.BABY, MANJAKALAVILAYIL, MANJAKALA P.O, KUNNICODU
          (VIA), KOLLAM DISTRICT, PIN - 691508
    2     ANANDHU P. ANAND
          AGED 34 YEARS
          S/O.ANANDAN PRAVEEN NIVAS, PIDAVOOR P.O, PATHANAPURAM,
          KOLLAM DISTRICT, PIN - 689695
          BY ADVS.
          T.R.HARIKUMAR
          ARJUN RAGHAVAN


RESPONDENTS:

    1     THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES
          (GENERAL), KOLLAM
          OFFICE OF THE JOINT REGISTRAR OF CO-OPERATIVE
          SOCIETIES (GENERAL), CIVIL STATION, KOLLAM DISTRICT,
          PIN - 691001
    2     THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES
          (GENERAL)
          OFFICE OF THE ASSISTANT REGISTRAR OF CO-OPERATIVE
          SOCIETIES (GENERAL), PATHANAPURAM, KOLLAM DISTRICT,
          PIN - 689695
    3     THE PIDAVOOR SERVICE CO-OPERATIVE BANK LTD. NO.2807
          REPRESENTED BY ITS SECRETARY, PIDAVOOR P.O,
          PATHANAPURAM, KOLLAM DISTRICT, PIN - 689695
    4     VINCENT DANIEL
          MAHIMA, MANJAKALA P.O, PARANKIMAM MUKAL,
          KOLLAM DISTRICT, PIN - 691508
    5     THE UNIT INSPECTOR, THALAVOOR UNIT
          OFFICE OF THE ASSISTANT REGISTRAR OF CO-OPERATIVE
          SOCIETIES (GENERAL) PATHANAPURAM, KOLLAM DISTRICT,
          PIN - 689695
*Addnl.R6 STATE OF KERALA
          REPRESENTED BY THE SECRETARY,
          DEPARTMENT OF CO-OPERATION,
          OFFICE OF THE REGISTRAR OF CO-OPERATIVE SOCIETIES,
          THYCAUD P.O., THIRUVANANTHAPURAM.
          *(Addnl. R6 is suo motu impleaded as per order dated
 WP(C) NO. 19587 OF 2024         2

          04.06.2024 in the W.P(C)No.19587 of 2024)
          SMT.MABLE C.KURIAN - SR GP
          SRI.P.N.MOHANAN
          SRI.KRISHNA KUMAR
     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
04.06.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 19587 OF 2024              3

                              JUDGMENT

The essential controversy in this case is whether the 4 th

respondent is disqualified to continue as a member in the Managing

Committee of the 3rd respondent - Society.

2. It is conceded by both sides, as also by the learned Senior

Government Pleader, that Ext.P6 Appeal preferred by the petitioners

against Ext.P5 order, qua the afore controversy, is pending before the

Government.

3. Indubitably - and as conceded by both sides - if Ext.P6 Appeal is

allowed, then the 4th respondent will not be in a position to function as a

member of the Managing Committee; while if it is otherwise, he can

certainly do so.

4. However, in the meanwhile, a 'no confidence motion' has been

moved by certain members, including the 4th respondent, which is

evident from Ext.P7.

5. Therefore, the corollary issue is whether the 4 th respondent can

be allowed to participate in the meeting to be held consequent thereto.

6. However, when this matter was called today, the learned

counsel on both sides were ad idem that until such time as the

Government takes a decision on Ext.P6 Appeal, the 'no confidence

motion' need not permitted to be moved.

In the afore circumstances, with the consent of all sides, I allow

this writ petition and direct the Government to take up Ext.P6 Appeal

and dispose it of, after affording necessary opportunity to all sides; thus

culminating in an appropriate order and necessary action thereon, as

expeditiously as is possible, but not later than three months from the

date of receipt of a copy of this judgment. I record that this is the

minimum time frame sought for by the learned Senior Government

Pleader.

Needless to say, until such time as the afore is done and the

resultant order communicated to the petitioners, the 4 th respondent

shall not be allowed to participate in any meeting relating to the 'no

confidence motion'.

Sd/-

DEVAN RAMACHANDRAN JUDGE MC/4.6

PETITIONER EXHIBITS Exhibit-P1 A TRUE COPY OF THE RELEVANT PAGES OF THE BYELAW OF THE 3RD RESPONDENT SOCIETY, STATING THE DISQUALIFICATION OF A MEMBER OF THE MANAGING COMMITTEE Exhibit-P2 A TRUE COPY OF THE COMPLAINT DATED 25-03- 2024, FILED BY THE 2ND PETITIONER BEFORE THE 1ST RESPONDENT Exhibit-P3 A TRUE COPY OF THE COMPLAINT FILED BY THE 1ST PETITIONER BEFORE THE 2ND RESPONDENT DATED 18-03-2024 Exhibit-P4 A TRUE COPY OF THE JUDGMENT DATED 03-04-

                      2024 IN WP(C) NO.13616 OF 2024
Exhibit-P5            A     TRUE     COPY     OF      THE     ORDER
                      NO.JRGKLM/991/2024-CRP    DATED    24-05-2024
                      ISSUED BY THE 1ST RESPONDENT
Exhibit-P6            A TRUE COPY OF THE APPEAL DATED 28-05-2024,

FILED BY THE 2ND PETITIONER BEFORE THE GOVERNMENT Exhibit-P7 A TRUE COPY OF THE NOTICE NO.ARGPTP/191/2024-UI(1) DATED 20-05-2024 ISSUED BY THE 5TH RESPONDENT