Kerala High Court
C.T.Sajith vs The Joint Registrar Co-Operative ... on 13 November, 2024
Author: N.Nagaresh
Bench: N.Nagaresh
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
WEDNESDAY, THE 13TH DAY OF NOVEMBER 2024 / 22ND KARTHIKA, 1946
WP(C) NO. 39835 OF 2024
PETITIONER:
C.T.SAJITH
AGED 59 YEARS, S/O.K.BALAKRISHNAN,
SREERAM NIVAS, THIRUVANGAD P.O,
THALASSERY, KANNUR PIN - 670103.
BY ADVS.
M.SASINDRAN
P.SHAHEED
RESPONDENTS:
1 THE JOINT REGISTRAR CO-OPERATIVE SOCIETIES
(GENERAL) KANNUR, OFFICE OF THE
JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES,
KANNUR DISTRICT, PIN - 670101.
2 INDIRA GANDHI CO-OPERATIVE HOSPITAL
MANJODI, THALASSERY, KANNUR PIN - 670103
REPRESENTED BY ITS GENERAL MANAGER.
3 THE MANAGING COMMITTEE
INDIRA GANDHI CO-OPERATIVE HOSPITAL,
MANJODI, THALASSERY,
KANNUR DISTRICT PIN - 670103
REPRESENTED BY ITS PRESIDENT.
W.P.(C) No.39835 of 2024
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4 THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES
(GENERAL) THALASSERY OFFICE OF THE ASSISTANT
REGISTRAR OF CO-OPERATIVE SOCIETIES,
KANNUR DISTRICT., PIN - 670001.
BY ADV.SMT. RESMI THOMAS, GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 13.11.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P.(C) No.39835 of 2024
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JUDGMENT
Dated this the 13th day of November, 2024
The petitioner is a Managing Committee member of the
2nd respondent for the last one and a half years and is
aggrieved by the removal from the Committee by a resolution
alleged to be incorporated in the Minutes Book as Managing
Committee resolution.
2. The petitioner states that he has become the
Committee Member as per the co-option made under Section
28(1)(1G) of the Kerala Co-operative Societies Act. The agenda
in notice of convening the Managing Committee meeting held
on 10.10.2024 did not contain any item relating to the removal
of the petitioner.
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3. There is no deliberation or discussion in the
Managing Committee meeting with regard to the removal of the
petitioner from the Committee and hence not taken any
decision to that effect. The members of the Managing
Committee of the 2nd respondent came to know of the resolution
only from the reading of minutes in the subsequent Committee
Meeting.
4. There are no provisions empowering the
Managing Committee of a Co-operative Society to remove any
Committee Member from the Committee. The resolution of the
3rd respondent to remove the petitioner is absolutely without
jurisdiction and abuse of power. Four other Committee
Members also filed complaint on 25.10.2024, pointing out the
illegalities in the aforesaid resolution before the 1 st respondent.
5. The petitioner states that he was not heard
before the resolution of removal from the Committee and hence
there is violation of principles of natural justice. The petitioner
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has not been informed of the removal from the Committee and
he came to know about it from the newspapers. The petitioner
has filed a petition on 23.10.2024 under Rule 176 of the Kerala
Co-operative Societies Rules before the 1st respondent to
rescind the ultra vires resolution of the Managing Committee,
removing the petitioner from the Committee. The 1 st respondent
has not considered the petition filed by the petitioner till date.
6. I have heard the learned Counsel for the
petitioner and the learned Government Pleader representing
respondents 1 and 4. Notice to respondents 2 and 3 is
dispensed with in view of the nature of the relief to be granted in
this writ petition.
7. The contention of the petitioner is that he is a
co-opted member and he cannot be removed through a
resolution of the Managing Committee. The decision of removal
was taken without having an agenda in the meeting. The Joint
Registrar can rescind such illegal resolutions under Rule 176 of
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the Kerala Co-operative Societies Act. The petitioner has
submitted Ext.P3 petition seeking to rescind the resolution. The
Joint Registrar has not acted on Ext.P3.
8. Taking into consideration the facts of the case,
I am of the view that it would be only in the interest of justice
that the 1st respondent-Joint Registrar considers Ext.P3
representation, if the same is received and pending.
The writ petition is accordingly disposed of directing the
1st respondent-Joint Registrar to consider Ext.P3 petition filed
by the petitioner and take appropriate decision thereon, with
notice to the affected parties, within a period of four weeks.
Sd/-
N. NAGARESH
JUDGE
ams
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APPENDIX OF WP(C) 39835/2024
PETITIONER EXHIBITS
Exhibit P1 A TRUE COPY OF THE NEWS ITEM REPORTED
IN MALAYALA MANORAMA & MATHRUBHOOMI
DAILY DATED 12-10-2024 REGARDING THE
REMOVAL OF THE PETITIONER FROM THE
COMMITTEE
Exhibit P2 A TRUE COPY OF THE COMPLAINT DATED
25/10/2024 FILED BY THE FOUR COMMITTEE
MEMBERS BEFORE THE 3RD RESPONDENT
Exhibit P3 A TRUE COPY OF THE PETITION DATED
22/10/2024 FILED UNDER RULE 176 OF THE
KCS RULES BEFORE THE 1ST RESPONDENT
