Kerala High Court
Jossy Bastian vs K.K.Raju on 13 November, 2024
Author: Amit Rawal
Bench: Amit Rawal
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE AMIT RAWAL
&
THE HONOURABLE MR. JUSTICE EASWARAN S.
Wednesday, the 13th day of November 2024 / 22nd Karthika, 1946
WA NO. 1814 OF 2024
AGAINST JUDGMENT DATED 31.7.2024 IN WP(C) 17041/2024 OF THIS COURT
APPELLANT(S)/ADDITIONAL 2ND RESPONDENT:
JOSSY BASTIAN, AGED 53 YEARS, SON OF SEBASTAIN P.J, PUTHUVAYALIL
HOUSE, CHENGALAM EAST P.O., KOTTAYAM DISTRICT PIN - 686585 *ADDL. R2
IS IMPLEADED AS PER ORDER DATED 28.05.2024 IN I.A-1/2024 IN WP(C)
NO. 17041/2024, PIN - 686585
BY ADVS.M/S.GEORGE VARGHESE PERUMPALLIKUTTIYIL,MANU SRINATH, NIMESH
THOMAS & LIJO JOHN THAMPY
RESPONDENT(S)/PETITIONERS & RESPONDENTS IN THE WRIT PETITION:
1. K.K.RAJU AGED 63 YEARS PRESIDENT, CHENGALAM SERVICE CO-OPERATIVE
BANK LTD. CHENGALAM P.O, KOTTAYAM . RESIDING AT MAVELI VETTATH
HOUSE, CHENGALAM P.O, KOTTAYAM., PIN - 686585
2. DINTO.M.JOY AGED 41 YEARS MANAGING COMMITTEE MEMBER OF CHENGALAM
SERVICE CO-OPERATIVE BANK LTD., CHENGALAM P.O, KOTTAYAM.RESIDING AT
NJANDUPARA P.O, KOTTAYAM., PIN - 686585
3. SHAJI JOSEPH AGED 54 YEARS MANAGING COMMITTEE MEMBER OF CHENGALAM
SERVICE CO-OPERATIVE BANK LTD., CHENGALAM P.O, KOTTAYAM . RESIDING
AT KANIKKATHODU, CHENGALAM P.O, KOTTAYAM., PIN - 686585
4. JAYAMOL PRADEEP AGED 51 YEARS MANAGING COMMITTEE MEMBER OF CHENGALAM
SERVICE CO-OPERATIVE BANK LTD., CHENGALAM P.O,KOTTAYAM. KRESIDING AT
KUZHIMATTATHIL , CHENGALAM P.O, KOTTAYAM, PIN - 686585
5. BABITHA JOSE AGED 50 YEARS MANAGING COMMITTEE MEMBER OF CHENGALAM
SERVICE CO-OPERATIVE BANK LTD., CHENGALAM P.O, KOTTAYAM. RESIDING AT
KALLORATHU, CHENGALAM P.O, KOTTAYAM., PIN - 686585
6. RENY JOSEPH AGED 50 YEARS S/O JOSEPH,CHAKKALAYIL HOUSE, CHENGALAM
P.O, KOTTAYAM, PIN - 686585
7. ARUN ANTONY AGED 42 YEARS THANNIKKAL HOUSE, CHENGALAM P.O, KOTTAYAM,
PIN - 686585
8. SIJO MATHEW AGED 42 YEARS CHAMPANATTU, CHENGALAM P.O, KOTTAYAM., PIN
- 686585
9. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL), OFFICE OF
THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES, COLLECTERATE POST,
KOTTAYAM., PIN - 686001
BY ADV.P.N.MOHANAN - R1 -R8
SENIOR GOVENMENT PLEADER, SRI.T.K.VIPINDAS - R9
Prayer for interim relief in the Writ Appeal stating that in the
circumstances stated in the appeal memorandum, the High Court be pleased
to stay the operation of judgment dated 31.07.2024 in W.P. (C) No.17041 of
2024 of this Honourable court, during the pendency of the Writ Appeal.
This writ appeal coming on for orders on 13.11.2024, upon perusing
the appeal memorandum, the court on the same day passed the following:
AMIT RAWAL & EASWARAN S., JJ.
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W.A. No.1814 of 2024
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Dated this the 13th day of November, 2024
ORDER
AMIT RAWAL, J.
1. Inter alia alleges that against the act of the
Managing Committee inducting/nominating a member to
make the quorum of six(6), Registrar vide Ext.P4 dated
22.04.2024 rejected the nomination on the ground that
there was no meeting held on 01.02.2024 or any quorum.
It is further contended that instead of availing alternative
remedy, had approached the writ court to decide the
disputed question of law.
2. Issue notice before admission.
Adv.P.N.Mohanan takes notice for respondent Nos.1 to 8.
Mr.T.K.Vipindas, learned Senior Government Pleader
takes notice for respondent No.9.
3. We have been informed that the term of the
present elected Managing Committee which has not been
able to have the full quorum is going to expire on
23.11.2024 and in case this Court grants the interim stay
on the judgment, the present committee will be
permitted to continue. In this view of the matter, we
thus consider it appropriate for the effectual and proper
management of the committee and not to perpetuate the
illegality prima facie appoint the Assistant Registrar as
Administrator to hold the election as the term is going to
expire on 23.11.2024. The election shall be held on
17.11.2024 of already enrolled members. It is made
clear that the election shall not be held under the aegis
of the present managing committee whose constitution is
under challenge before this Court.
Copy of the order is directed to be given by hand to
the counsel representing the parties.
Post on 21.11.2024.
Sd/-
AMIT RAWAL
JUDGE
Sd/-
EASWARAN S.
vv JUDGE
H/O
13-11-2024 /True Copy/ Assistant Registrar
