Kerala High Court

Johny Kachappilly vs The Part Time Administrator on 6 November, 2024

Author: N.Nagaresh

Bench: N.Nagaresh

                                             2024:KER:82476

        IN THE HIGH COURT OF KERALA AT ERNAKULAM

                           PRESENT

             THE HONOURABLE MR.JUSTICE N.NAGARESH

WEDNESDAY, THE 6TH DAY OF NOVEMBER 2024 / 15TH KARTHIKA, 1946

                   WP(C) NO. 22351 OF 2019

PETITIONER

         JOHNY KACHAPPILLY
         AGED 55 YEARS
         S/O.PORINCHU,
         RESIDING AT KACHAPPILLY HOUSE,
         KOTTANELLUR POST, THRISSUR DISTRICT,
         PIN CODE-680662.


         BY ADVS.
         GEORGE POONTHOTTAM (SR.)
         SRI.ARUN CHANDRAN
         SMT.NISHA GEORGE




RESPONDENTS:

    1    THE PART TIME ADMINISTRATOR,
         THE THUMBOOR SERVICE CO-OPERATIVE BANK
         LIMITED NO.359,
         HEAD OFFICE, THUMBOOR.P.O.,
         VELLANGALLOOR (VIA),
         THRISSUR DISTRICT,
         PIN CODE-680662.

    2    THE THUMBOOR SERVICE CO-OPERATIVE BANK
         LIMITED NO.359,
         HEAD OFFICE, THUMBOOR.P.O.,
         VELLANGALLOOR (VIA),
         THRISSUR DISTRICT, PIN CODE-680662.
         REPRESENTED BY ITS SECRETARY.
                                             2024:KER:82476
WP(C) NOs.22351 OF 2019 & con.cases

                              2




    3     THE JOINT REGISTRAR OF CO-OPERATIVE
          SOCIETIES (GENERAL),
          OFFICE OF THE JOINT REGISTRAR OF CO-OPERATIVE
          SOCIETIES (GENERAL),
          AYYANTHOLE, THRISSUR DISTRICT-680003.


          BY ADV
          SRI.P.C.SASIDHARAN,SC,R1,R2
          SMT.RESMI THOMAS,GOVERNMENT PLEADER


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 06.11.2024, ALONG WITH WP(C).3646/2024 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
                                              2024:KER:82476
WP(C) NOs.22351 OF 2019 & con.cases

                              3




         IN THE HIGH COURT OF KERALA AT ERNAKULAM

                           PRESENT

           THE HONOURABLE MR.JUSTICE N.NAGARESH

WEDNESDAY, THE 6TH DAY OF NOVEMBER 2024 / 15TH KARTHIKA, 1946

                  WP(C) NO. 43270 OF 2023

PETITIONER:

          V.D. JOHNY
          AGED 73 YEARS
          S/O DEVASSY, VATHUKKADAN HOUSE,
          KOTTANALLOOR P.O., IRINJALAKUDA,
          THRISSUR DISTRICT, PIN - 680662


          BY ADVS.
          NISHA GEORGE
          GEORGE POONTHOTTAM (SR.)
          ANSHIN K.K



RESPONDENTS:

    1     THE STATE OF KERALA
          REPRESENTED BY THE SECRETARY TO GOVERNMENT,
          DEPARTMENT OF CO-OPERATION,
          GOVERNMENT SECRETARIAT,
          THIRUVANANTHAPURAM, PIN - 695001

    2     THE REGISTRAR OF CO-OPERATIVE SOCIETIES
          JAWAHAR SAHAKARANA BHAVAN,
          DPI JUNCTION, THYCAUD P.O.,
          THIRUVANANTHAPURAM, PIN - 695014
                                             2024:KER:82476
WP(C) NOs.22351 OF 2019 & con.cases

                              4




    3     THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES
          (GENERAL)
          AYYANTHOLE, THRISSUR DISTRICT,
          PIN - 680003

    4     THE ASSISTANT REGISTRAR OF CO-OPERATIVE
          SOCIETIES (GENERAL)
          CHALAKUDY, THRISSUR DISTRICT,
          PIN - 680307

    5     THE ADMINISTRATIVE COMMITTEE
          THUMBOOR SERVICE CO-OPERATIVE BANK LTD NO. 359,
          KOTTANALLOR, THRISSUR DISTRICT,
          REPRESENTED BY ITS CONVENOR,
          PIN - 680662

    6     THE THUMBOOR SERVICE CO-OPERATIVE BANK
          LTD NO. 359
          REPRESENTED BY ITS SECRETARY,
          THUMBOOR P.O., KOTTANALLOR,
          THRISSUR DISTRICT, PIN - 680662

    7     T.S.SAJEEVAN
          CONVENOR, ADMINISTRATIVE COMMITTEE OF THE
          THUMBOOR SERVICE CO-OPERATIVE BANK LTD NO.359,
          RESIDING AT THAIPARAMBIL HOUSE,
          THUMBOOR P.O., KOTTANALLOR,
          THRISSUR DISTRICT, PIN - 680662

    8     SIJO KOCHAPPAN
          ADMINISTRATIVE COMMITTEE MEMBER OF THE THUMBOOR
          SERVICE CO-OPERATIVE BANK LTD NO.359,
          RESIDING AT PAROKKARAN HOUSE,THUMBOR P.O.,
          KOTTANALLOR, THRISSUR DISTRICT,
          PIN - 680662

    9     JIJO P.I
          ADMINISTRATIVE COMMITTEE MEMBER OF THE THUMBOOR
          SERVICE CO-OPERATIVE BANK LTD NO.359,
                                             2024:KER:82476
WP(C) NOs.22351 OF 2019 & con.cases

                              5


          RESIDING AT PEREPPADAN HOUSE,
          KUTHIRATHADAM, THUMBOOR P.O.,
          KOTTANALLOR, THRISSUR DISTRICT,
          PIN - 680662


          BY ADV
          SRI.P.C SASIDHARAN,SC
          SMT.SHEEJA C.S.,SR.GOVERNMENT PLEADER

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 06.11.2024, ALONG WITH WP(C).3646/2024 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
                                             2024:KER:82476
WP(C) NOs.22351 OF 2019 & con.cases

                              6


         IN THE HIGH COURT OF KERALA AT ERNAKULAM

                           PRESENT

           THE HONOURABLE MR.JUSTICE N.NAGARESH

WEDNESDAY, THE 6TH DAY OF NOVEMBER 2024 / 15TH KARTHIKA, 1946

                   WP(C) NO. 3646 OF 2024

PETITIONER:

          JOHNY KACHAPPILLY
          AGED 58 YEARS
          S/O. PORINCHU, RESIDING AT KACHAPPILLY HOUSE,
          KOTTANELLUR P.O.,
          THRISSUR DISTRICT, PIN - 680662


          BY ADVS.
          NISHA GEORGE
          GEORGE POONTHOTTAM (SR.)
          ANSHIN K.K




RESPONDENTS:

    1     THE STATE CO-OPERATIVE ELECTION COMMISSION
          3RD FLOOR, CO BANK TOWERS,
          VIKAS BHAVAN P.O.,
          THIRUVANANTHAPURAM ,
          REPRESENTED BY ITS SECRETARY, PIN - 695033

    2     THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES
          OFFICE OF THE JOINT REGISTRAR OF COOPERATIVE
          SOCIETIES (GENERAL), AYYANTHOLE,
          THRISSUR DISTRICT,
          PIN - 680003
                                             2024:KER:82476
WP(C) NOs.22351 OF 2019 & con.cases

                              7




    3     THE ASSISTANT REGISTRAR (GENERAL) OF CO-
          OPERATIVE SOCIETIES
          MUKUNDAPURAM,
          THRISSUR DISTRICT, PIN - 680733

    4     THE ADMINISTRATIVE COMMITTEE
          THE THUMBOOR SERVICE CO-OPERATIVE BANK LTD
          NO.359 HEAD OFFICE,
          THUMBOOR P.O., VELLANGALLOOR (VIA),
          THRISSUR DISTRICT, REPRESENTED BY ITS CONVENOR,
          PIN - 680662

    5     THE THUMBOOR SERVICE CO-OPERATIVE BANK LTD
          NO.359
          HEAD OFFICE, THUMBOOR P.O.,
          VELLANGALLOOR (VIA), THRISSUR DISTRICT,
          REPRESENTED BY ITS SECRETARY,
          PIN - 680662


          BY ADV
          SRI.P.C SASIDHARAN,R4 R5,SC
          SRI.C.M.NAZAR,R1
          SMT.SHEEJA C.S.,SR.GOVERNMENT PLEADER

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 06.11.2024, ALONG WITH WP(C).22351/2019,
43270/2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
                                                  2024:KER:82476
WP(C) NOs.22351 OF 2019 & con.cases

                                 8




                               JUDGMENT

Dated this the 6th day of November, 2024 [W.P.(C) Nos.22351/2019, 43270/2023 & 3646/2024]

W.P.(C) No.22351 of 2019 has been filed by the

petitioner, who is a member of Thumboor Service

Co-operative Bank Limited, seeking to quash Ext.P5 and to

direct the Part Time Administrator not to take any policy

decision or not to enroll any new members to the rolls of the

2nd respondent-Society.

2. Ext.P5 is a notice issued by the Administrator to

the Secretary of the Thumboor Service Co-operative Bank.

By Ext.P5, the Administrator has required the Secretary of

the Society to cure certain defects in the Membership

KYC Records in respect of members.

2024:KER:82476 WP(C) NOs.22351 OF 2019 & con.cases

3. The petitioner would submit that the action of the

Part Time Administrator is tainted with mala fide intention.

The intention behind the issuance of Ext.P5 is not innocent.

This is intended to prolong the election, contends the

petitioner.

4. If a person is appointed as an Administrator of a

Society, he has a duty to see that Membership Registers are

properly maintained, so that a proper Voters List can be

drawn and an election can be conducted as per the Kerala

Co-operative Societies Act and the Rules. Ext.P5 only

requires the Secretary of the Society to maintain the

Membership Register properly and to make available certain

documents. I do not find any illegality in Ext.P5.

5. W.P.(C) No.43270 of 2023 has been filed by the

petitioner, who is also a member of the Thumboor Service

Co-operative Bank Limited, seeking to quash Exts.P6 and

P7 and to declare that invoking the provisions of Sections 32 2024:KER:82476 WP(C) NOs.22351 OF 2019 & con.cases

and 33 of the Kerala Co-operative Societies Act, 1969 to the

extent which permit the appointment of ordinary members

and non-members as members of the Administrative

Committee of a Co-operative Society is ultravires and

against the Co-operative principles included in the Kerala

Co-operative Societies Act and Rules.

6. Ext.P6 is a proceedings of the Joint Registrar

appointing an Administrative Committee. Ext.P7 is a notice

issued to a member of the Society requiring the member to

make available documents to establish his eligibility to

continue as a member in the Society.

7. The petitioner is challenging Ext.P6 proceedings

appointing Administrative Committee. The prayer of the

petitioner is to declare that invoking provisions of Sections

32 and 33 of the Kerala Co-operative Societies Act, 1969,

non-members cannot be appointed. The Kerala Co-operative

Societies Act, 1969 has been amended subsequently as per 2024:KER:82476 WP(C) NOs.22351 OF 2019 & con.cases

Act 9 of 2024 and now only members of a Society can be

appointed as members of Administrative Committee.

8. Be that as it may, as the Administrative

Committee is in power for a considerable time, I am of the

view that the challenge against Ext.P6 need not be

considered and it is sufficient that a direction is given to

conduct election to the Co-operative Society expeditiously.

9. As far as Ext.P7 is concerned, it is a notice issued

to a member of the Committee to bring documents to

establish that he is eligible to continue as a member.

According to the petitioner, such notices have been issued to

more than 300 persons. Prima facie, Ext.P7 is intended o

ensure that only eligible members are permitted to continue

and are included in the Voters List. Therefore, the challenge

against Ext.P7 should fail.

10. W.P.(C) No.3646 of 2024 has been filed by the

petitioner in W.P.(C) No.22351 of 2019 seeking to direct the 2024:KER:82476 WP(C) NOs.22351 OF 2019 & con.cases

2nd respondent to issue proper direction to the Administrative

Committee to adopt resolution for holding election to the

Managing Committee within a period of 35 days and entrust

the administration of the Society with the elected Managing

Committee.

11. Standing Counsel entered appearance on behalf

of the Administrative Committee and submitted that notices

have been issued to more than 300 members requiring them

to produce necessary documents with regard to their

eligibility to continue as members.

12. This Court passed an interim order in W.P.(C)

No.43270 of 2023 staying further proceedings pursuant to

Ext.P7 and similar notices. The Administrative Committee

could not proceed with Ext.P7 in such circumstances.

13. I have heard the learned counsel for the

petitioners, the respective learned Standing Counsel

appearing for the Administrative Committee and the Election 2024:KER:82476 WP(C) NOs.22351 OF 2019 & con.cases

Commission and the learned Government Pleader

representing the official respondents.

In the afore facts and circumstances of the case, these

writ petitions are disposed of directing the 5th respondent-

Administrative Committee in W.P.(C) No.3646 of 2024 to

conclude proceedings pursuant to Ext.P7 (in W.P.(C)

No.43270 of 2023) and similar notices as expeditiously as

possible and within a period of 45 days from today. After

concluding those proceedings within 45 days, the

Administrative Committee shall take a resolution for

conducting election without any further delay and forward it

to the Election Commission within a further period of three

weeks therefrom.

Sd/-

N.NAGARESH JUDGE hmh 2024:KER:82476 WP(C) NOs.22351 OF 2019 & con.cases

APPENDIX OF WP(C) 22351/2019

PETITIONER'S EXHIBITS

EXHIBIT P1 TRUE COPY OF THE ORDER NO.C.R.P.5427/16 DATED 25.5.2019 PASSED BY THE JOINT REGISTRAR OF CO- OPERATIVE SOCIETIES.

EXHIBIT P2 TRUE COPY OF THE JUDGMENT DATED 6.6.2019 IN WPC.NO.14689 OF 2019 PASSED BY THIS HON'BLE COURT.

EXHIBIT P3 TRUE COPY OF THE INTERIM ORDER DATED 14.6.2019 IN WA.NO.1434 OF 2019 PASSED BY THIS HON'BLE COURT.


EXHIBIT P4          TRUE COPY OF THE PROCEEDINGS ISSUED BY
                    THE    ELECTION    COMMISSION     DATED

15.6.2019, POSTPONING THE ELECTIONS TO THE MANAGING COMMITTEE OF THE SOCIETY.

EXHIBIT P5 TRUE COPY OF THE COMMUNICATION BEARING NO.859(A)/19 DATED 5.8.2019 ISSUED BY THE ADMINISTRATOR.

2024:KER:82476 WP(C) NOs.22351 OF 2019 & con.cases

APPENDIX OF WP(C) 43270/2023

PETITIONER'S EXHIBITS

Exhibit-P1 TRUE COPY OF THE FORM NO.6A IDENTITY CARD ISSUED TO THE PETITIONER BY THE SECRETARY OF THE BANK.

Exhibit-P2 TRUE COPY OF THE ORDER OF SUPERSESSION DATED 25.05.2019 BEARING NO. CRP 5427/16 ISSUED BY THE 3RD RESPONDENT.

Exhibit-P3 TRUE COPY OF THE ORDER NO. C.R.P. 5427/16 DATED 24.08.2019 ISSUED BY THE 3RD RESPONDENT APPOINTING ADMINISTRATIVE COMMITTEE

Exhibit-P4 TRUE COPY OF THE ORDER DATED 03.06.2022 ISSUED BY THE 3RD RESPONDENT APPOINTING PART-TIME ADMINISTRATOR

Exhibit-P5 TRUE COPY OF THE ORDER NO.JRGTSR/1167/2021-O DATED 27.01.2023 ISSUED BY THE 3RD RESPONDENT

Exhibit-P6 TRUE COPY OF THE ORDER NO.

JRGTSR/1167/2021-O DATED 26.09.2023 ISSUED BY THE JOINT REGISTRAR OF CO- OPERATIVE SOCIETIES APPOINTING NEW ADMINISTRATIVE COMMITTEE.

Exhibit-P7 TRUE COPY OF THE NOTICE DATED 27.11.2023 ISSUED TO THE PETITIONER (THE NAME OF THE PETITIONER WRONGLY SHOWN AS "JOHN" IN THE NOTICE) BY THE CONVENOR OF THE ADMINISTRATIVE COMMITTEE OF THE 5TH RESPONDENT BANK 2024:KER:82476 WP(C) NOs.22351 OF 2019 & con.cases

Exhibit-P8 TRUE COPY OF THE LAND TAX RECEIPT DATED 29.05.2023 ISSUED BY THE KOTTANALLOR VILLAGE OFFICE.

Exhibit-P9 TRUE COPY OF THE ORDER DATED 06.1.2023 IN SPECIAL LEAVE TO APPEAL (C) NO. 23164 OF 2022 PASSED BY THE HON'BLE APEX COURT

Exhibit -P10 TRUE COPY OF THE GENERAL BODY NOTICE DATED 10.12.2019 PUBLISHED IN THE MATHRUBHUMI NEWSPAPER ON 14.12.2019

Exhibit-P11 TRUE COPY OF THE AUDIT REPORT FOR THE YEAR 2018-19 DATED 12.12.2019 OF PINDIMANA SERVICE CO-OPERATIVE BANK.

Exhibit-P12 TRUE COPY OF THE JUDGMENT DATED 23.07.2020 IN W.P.(C) NO. 7277 OF 2020 PASSED BY THIS HON'BLE COURT

Exhibit-P13 TRUE COPY OF THE INTERIM ORDER IN WRIT PETITION (C)NO. 22351 OF 2019 DATED 16.08.2019 PASSED BY THIS HON'BLE COURT 2024:KER:82476 WP(C) NOs.22351 OF 2019 & con.cases

APPENDIX OF WP(C) 3646/2024

PETITIONER'S EXHIBITS

Exhibit-P1 TRUE COPY OF THE ELECTION NOTIFICATION NO. E(I)1970/2019/S.C.E.C DATED 10.05.2019 SCHEDULING ELECTION TO THE MANAGING COMMITTEE OF THE 5TH RESPONDENT BANK ON 16.06.2019

Exhibit-P2 TRUE COPY OF THE INTERIM ORDER IN W.A.NO.1434 OF 2019 DATED 14.06.2019 OF THE DIVISION BENCH OF THIS HON'BLE COURT

Exhibit-P3 TRUE COPY OF THE ORDER NO.

E(I)1970/2019/S.C.E.C DATED 15.06.2019 ISSUED BY THE COMMISSIONER OF THE STATE CO-OPERATIVE ELECTION COMMISSION

Exhibit-P4 TRUE COPY OF THE ORDER NO.

C.R.P.5427/16 DATED 24.08.2019 ISSUED BY THE 2ND RESPONDENT APPOINTING ADMINISTRATIVE COMMITTEE

Exhibit-P5 TRUE COPY OF THE JUDGMENT DATED 16.12.2021 IN WRIT APPEAL NO. 1434 OF 2019 PASSED BY THIS HON'BLE COURT

Exhibit-P6 TRUE COPY OF THE GOVERNMENT ORDER BEARING G.O.(RT) NO. 112/2023/CO-OP DATED 20.02.2023

Exhibit-P7 TRUE COPY OF THE INTERIM ORDER DATED 14.03.2023 IN W.P.(C) NO. 8776 OF 2023 PASSED BY THIS HON'BLE COURT

Exhibit-P8 TRUE COPY OF THE ORDER NO.1167/22 DATED 03.06.2022 ISSUED BY THE 2ND 2024:KER:82476 WP(C) NOs.22351 OF 2019 & con.cases

RESPONDENT APPOINTING PART-TIME ADMINISTRATOR

Exhibit-P9 TRUE COPY OF THE REPRESENTATION DATED 13.01.2023 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT

Exhibit -P10 TRUE COPY OF THE ELECTION NOTIFICATION NO.01/2023/E(1)SCEC DATED 18.01.2023 ISSUED BY THE 1ST RESPONDENT

Exhibit-P11 TRUE COPY OF THE ORDER NO.E(1)169/2023/S.C.E.C DATED 25.01.2023 ISSUED BY THE 1ST RESPONDENT CANCELING THE ELECTION TO THE MANAGING COMMITTEE OF THE 5TH RESPONDENT BANK

Exhibit-P12 TRUE COPY OF THE ORDER NO.

JRGTSR/1167/2021-O DATED 27.01.2023 ISSUED BY THE 2ND RESPONDENT

Exhibit-P13 TRUE COPY OF THE JUDGMENT DATED 10.08.2023 IN W.P.(C) NO 12647 OF 2023 PASSED BY THIS HON'BLE COURT

Exhibit-P14 TRUE COPY OF THE REPRESENTATION DATED 16.08.2023 SUBMITTED BY THE PETITIONER BEFORE THE CONVENER OF THE ADMINISTRATIVE COMMITTEE

Exhibit-P15 TRUE COPY OF THE ORDER NO.

JRGTSR/1167/2021-O DATED 26.09.2023 ISSUED BY THE JOINT REGISTRAR OF CO- OPERATIVE SOCIETIES

Exhibit-P16 TRUE COPY OF THE INTERIM ORDER OF THIS COURT IN W.P.(C) NO. 43270 OF 2023 DATED 20.12.2023 2024:KER:82476 WP(C) NOs.22351 OF 2019 & con.cases

Exhibit-P17 TRUE COPY OF THE ORDER NO.JRGTSR/CRP/1726/2022 ISSUED BY THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES DATED 14.12.2022 INITIATING SECTION 68(1) ENQUIRY IN THE BANK

Exhibit -P18 `TRUE COPY OF THE SECTION 68(2) NOTICE BEARING NO.

JRGTSR/CRP/1726/2022 DATED 08.12.2023 ISSUED BY THE JOINT REGISTRAR OF CO- OPERATIVE SOCIETIES

Exhibit-P19 TRUE COPY OF THE SECTION 68(1) ENQUIRY REPORT SUBMITTED BY THE ENQUIRY OFFICER DATED NIL

Exhibit -P20 TRUE COPY OF THE INTERIM ORDER DATED 12.01.2024 IN W.P.(C) NO.1504 OF 2024 PASSED BY THIS COURT

Exhibit -P21 TRUE COPY OF THE COMPLAINT DATED 10.12.2021 PREFERRED BY THE SECRETARY IN CHARGE OF THE SOCIETY BEFORE THE SHO OF ALOOR POLICE STATION

Exhibit-P22 TRUE COPY OF THE FIR BEARING NO.687/2021 DATED 11.12.2021 LODGED BY THE ALOOR POLICE STATION, THRISSUR RURAL DISTRICT

Exhibit -P23 TRUE COPY OF THE FINAL REPORT DATED 11.12.2021 SUBMITTED BY THE DEPUTY SUPERINTENDENT OF POLICE, CRIME BRANCH BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT, CHALAKKUDY