Kerala High Court
Renny Sebastian vs The Joint Registrar Of Co-Operative ... on 25 September, 2024
Author: N. Nagaresh
Bench: N.Nagaresh
2024:KER:70807
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
WEDNESDAY, THE 25TH DAY OF SEPTEMBER 2024 / 3RD ASWINA, 1946
WP(C) NO. 12397 OF 2024
PETITIONER:
RENNY SEBASTIAN
AGED 54 YEARS, W/O. C.I. SEBASTIAN,
RESIDING AT CHIRAYATH HOUSE, VATANAPPALLY P.O.,
THRISSUR DISTRICT - 680614,
SECRETARY, VATANAPPALLY AGRICULTURAL
CO-OPERATIVE SOCIETY LTD. NO. R-391,
VATANAPPALLY P.O., THRISSUR PIN - 680614.
BY ADVS.
NISHA GEORGE
GEORGE POONTHOTTAM (SR.)
ANSHIN K.K
RESPONDENTS:
1 THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES
(GENERAL) OFFICE OF THE JOINT REGISTRAR OF CO-
OPERATIVE SOCIETIES, AYYANTHOLE,
THRISSUR, PIN - 680003.
2 THE ASSISTANT REGISTRAR OF CO-OPERATIVE
SOCIETIES (GENERAL) CHAVAKKAD,
THRISSUR DISTRICT, PIN - 680506.
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3 THE ADMINISTRATIVE COMMITTEE
VATANAPPALLY AGRICULTURAL CO-OPERATIVE SOCIETY
LTD NO. R-391, VATANAPPALLY P.O.,
THRISSUR, PIN - 680614
REPRESENTED BY ITS CONVENOR.
4 V.R. SHIJITH
S/O RAMAN, RESIDING AT VADUKKUMCHERRY HOUSE,
THRITHALLUR.P.O., THRISSUR PIN - 680619.
5 V.A. SHAJUDHEEN
S/O ABDUL GAFOOR, RESIDING AT VALIYAKATHU
HOUSE, VATANAPPALLY.P.O.,
THRISSUR DISTRICT, PIN - 680614.
6 K.K. ANILKUMAR
S/O KANDAPPAN, RESIDING AT KUNDU HOUSE,
VATANAPPALLY.P.O., THRISSUR PIN - 680614.
ADDL.R7 STATE CO-OPERATIVE ELECTION COMMISSION
3RD FLOOR, CO BANK TOWERS, VIKAS BHAVAN P.O.,
THIRUVANANTHAPURAM, REPRESENTED BY ITS
SECRETARY
[ADDITIONAL 7TH RESPONDENT IS IMPLEADED AS PER
ORDER DATED 10.06.2024 IN I.A.5/2024 IN
WP(C)12397/2024]
BY ADVS.
SRI.P.C SASIDHARAN
SRI.MABLE C KURIAN, SR.GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY
HEARD ON 22.07.2024, THE COURT ON 25.09.2024 DELIVERED
THE FOLLOWING:
W.P.(C) No. 12397/2024 2024:KER:70807
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N. NAGARESH, J.
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W.P.(C) No.12397 of 2024
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Dated this the 25th day of September, 2024
JUDGMENT
~~~~~~~~~
The petitioner, who is Secretary of the
Vadanappally Agricultural Co-operative Society Limited, has
approached this Court filing this writ petition alleging illegal
continuance of the Administrative Committee in the Bank,
without adopting resolution to conduct election to the
Managing Committee of the Society in spite of specific
direction of this Court.
2. The petitioner states that out of the 11 Managing
Committee members of the Bank, 7 members resigned,
resulting in stalemate in the Bank. The 1 st respondent-Joint
Registrar as per Ext.P1 order dated 01.02.2023 appointed a
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part time Administrator under Section 33 of the Kerala
Co-operative Societies Act. Though the part time
Administrator was appointed for a period of six months, his
period was extended for a further period of six months as per
Ext.P2 order dated 02.08.2023.
3. Subsequently, the 1st respondent issued Ext.P3
order appointing an Administrative Committee consisting of
local CPI(M) workers, who are not members of the Society.
The petitioner states that the maximum time period to hold
the office of the Society either by a part time Administrator or
an Administrative Committee is one year. The time period of
the Administrative Committee therefore expired on
31.01.2024. The Administrative Committee continued in
office illegally.
4. A member of the Society filed W.P.(C)
No.16892/2023 seeking a direction to conduct election to the
Managing Committee of the Bank. By Ext.P4 judgment
dated 22.01.2024, this Court directed the Joint Registrar to
W.P.(C) No. 12397/2024 2024:KER:70807
issue appropriate direction to the Administrative Committee
to adopt a resolution for holding election to the Managing
Committee within 60 days. The 3rd respondent, however, did
not adopt any resolution to conduct election.
5. Later, the Government issued Ext.P13 Notification
dated 01.04.2024 extending the period of the Administrative
Committee from 02.02.2024. Based on Ext.P13, the Joint
Registrar issued Ext.P14 order. Soon thereafter, the
petitioner was served with Ext.P15 suspension order.
6. The petitioner states that in view of the Kerala
Co-operative Societies (Amendment) Act, 2023 and in view
of the amendment made to Section 33, the members of the
Administrative Committee shall be from among the members
of the Society. The Administrative Committee appointed by
the respondents does not consist of persons who are
members of the Society. As the amendment to Section 33 is
by way of substitution, the amendment will have retrospective
effect and the Administrative Committee consisting of
W.P.(C) No. 12397/2024 2024:KER:70807
non-members cannot continue in office.
7. The counsel for the petitioner relied on the
judgment in Zile Singh v. State of Haryana and others
[(2004) 8 SCC 1] of the Hon'ble Apex Court and the
judgment in Hassan Co-operative Milk Producers
Societies Union Limited and others v. State of
Karnataka, Department of Co-operative Societies and
others [2014 (3) KLT (SN 56) 45] of the Hon'ble High Court
of Karnataka to underscore the legal proposition.
8. The petitioner further pointed out that this Court by
Ext.P4 judgment had directed the Joint Registrar to issue
appropriate directions to the Administrative Committee to
adopt a resolution for holding election within 60 days.
However, no action has been taken by the Administrative
Committee. The continuance of the Administrative
Committee is highly illegal and arbitrary. The Administrative
Committee has been constituted by inducting non-members
which cannot stand the scrutiny of law. Such an
W.P.(C) No. 12397/2024 2024:KER:70807
Administrative Committee has no right to suspend the
petitioner or to initiate disciplinary proceedings. Exts.P13 to
P15 are therefore liable to be set aside. The 1 st respondent
is compellable to appoint a Departmental official as part time
Administrator of the Bank.
9. The 1st respondent resisted the writ petition. The
1st respondent pointed out that when 7 out of the 10
members of the Director Board submitted resignations, the
Unit Inspector had taken charge as part time Administrator of
the Bank with effect from 02.02.2023. On expiry of six
months from the date of appointment of the part time
Administrator, the period was extended for another six
months. As the part time Administrator could not function
properly, the Joint Registrar appointed a three member
Administrative Committee as per order dated 26.09.2023.
The extended period of the Administrative Committee was to
expire on 01.02.2024. The 1 st respondent submitted an
application to the Government for further extension of time.
W.P.(C) No. 12397/2024 2024:KER:70807
10. In the meanwhile, this Court in W.P.(C)
No.16892/2023 directed the Joint Registrar to issue
appropriate directions to the Administrative Committee to
adopt a resolution for holding election within 60 days. The
Government issued order dated 01.04.2024 permitting the
Registrar to extend the period of the present Administrative
Committee for a further period of one year from 02.02.2024
as per Annexure-R1(b).
11. The Committee resolved to conduct election to the
Managing Committee. The resolution was forwarded to the
Election Commission on 24.04.2024. the Election
Commission, however, held that as the Code of Conduct is in
force and the counting of votes for the Lok Sabha election is
on 04.06.2024, there is a possibility that officers of Co-
operative Department will be appointed as counting staff.
Taking note of the Lok Sabha elections, the Administrative
Committee resolved to conduct election on 10.08.2024.
W.P.(C) No. 12397/2024 2024:KER:70807
12. The 7th respondent-State Co-operative Election
Commission filed an affidavit in the writ petition. The 7 th
respondent stated that as per GO(P) 53/2024 dated
19.03.2024, the election proceedings in all Co-operative
Societies in Kerala were suspended for four months from
16.03.2024. Subsequently, application for conducting the
election to the Managing Committee of the Society on
10.08.2024 has been received in the office of the Election
Commission. The Election Commission is taking steps to
issue election notification for conducting election on the
proposed date.
13. I have heard the learned Senior Counsel assisted
by the counsel for the petitioner, the learned Senior
Government Pleader representing respondents 1 and 2, the
learned counsel appearing for the 3rd respondent and the
learned Standing Counsel representing the additional 7 th
respondent-Election Commission.
W.P.(C) No. 12397/2024 2024:KER:70807
14. The petitioner seeks to direct the Joint Registrar to
appoint a Departmental official as part time Administrator and
to replace the Administrative Committee from the office. The
petitioner seeks to declare that continuation of respondents 4
to 6 as Administrative Committee members in the Society is
illegal. Consequent to the resignation of seven Managing
Committee members, the Joint Registrar had appointed a
part time Administrator under Section 33 as per Ext.P1 order
dated 01.02.2023.
15. The allegation of the petitioner is that the part time
Administrator did not take steps to conduct election. The
tenure of the part time Administrator was extended for a
further period of six months as per Ext.P2 order dated
02.08.2023. Later, on 26.09.2023, an Administrative
Committee was appointed replacing the part time
Administrator as per Ext.P3. Members of the Administrative
Committee were not members of the Society. It is against
the continuance of the Administrative Committee without
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taking steps to conduct elections that the petitioner has filed
this writ petition.
16. The contention of the petitioner is that the tenure
of the Administrative Committee cannot be extended beyond
one year by the Registrar. However, the Senior Government
Pleader has filed a memo dated 02.04.2024 producing
Notification dated 01.04.2024 of the Government of Kerala
whereby the Registrar has been permitted to extend the term
of the Administrative Committee appoint to manage the
affairs of the Vadanappally Agricultural Co-operative Society
Limited for a further period of one year from 2 nd February,
2024 to 1st February, 2025 or till a newly elected Committee
enters upon office whichever is earlier. Based on the
Government Order dated 01.04.2024, the Joint Registrar of
Co-operative Societies has issued proceedings dated
02.04.2024 extending the period of the Administrative
Committee by one year.
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17. The allegation of the petitioner is that the part time
Administrator earlier appointed and the Administrative
Committee now in office are not taking any steps to conduct
elections to the Managing Committee of the Society. During
the pendency of the writ petition, the Joint Registrar has
issued proceedings dated 20.07.2024 appointing a new
Administrative Committee consisting of members of the
Society, with a view to take expeditious steps for conducting
elections.
18. In the circumstances of the case and as a new
Administrative Committee is appointed from among the
members of the Society, the said Committee can be directed
to conduct elections expeditiously. By appointing a new
Administrative Committee, consisting of members of the
Society, the major reliefs sought for by the petitioner are met.
19. The petitioner has challenged Ext.P15. Ext.P15 is
an order suspending the petitioner from the post of Secretary
of the Society. Ext.P15 was issued when the earlier
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Administrative Committee was in office. As the suspension
order is in contemplation of enquiry proceedings, I am of the
view that interference in Ext.P15 is not warranted at this
stage.
In the facts and circumstances of the case, the
writ petition is disposed of directing the 3 rd respondent to
conduct elections to the Managing Committee of the Society
expeditiously, if elections are already not conducted.
Sd/-
N. NAGARESH, JUDGE
aks/24.09.2024
W.P.(C) No. 12397/2024 2024:KER:70807
APPENDIX OF WP(C) 12397/2024
PETITIONER'S EXHIBITS
Exhibit-P1 TRUE COPY OF THE ORDER NO.
JRGTSR/383/2023-O DATED 01.02.2023
ISSUED BY THE 1ST RESPONDENT
Exhibit-P2 TRUE COPY OF THE ORDER NO.
JRGTSR/383/2023-O DATED 02.08.2023
ISSUED BY THE 1ST RESPONDENT
Exhibit-P3 TRUE COPY OF THE ORDER NO.
JRGTSR/383/2023-O DATED 26.09.2023
ISSUED BY THE 1ST RESPONDENT
Exhibit-P4 TRUE COPY OF THE JUDGMENT DATED
22.01.2024 IN W.P.(C) NO. 16892 OF
2023 PASSED BY THIS HON'BLE COURT
Exhibit-P5 TRUE COPY OF THE MINUTES OF THE
MEETING OF THE ADMINISTRATIVE
COMMITTEE OF VATANAPPALLY AGRICULTURAL
CO-OPERATIVE SOCIETY LTD. NO. R-391
CONVENED ON 04.03.2024.
Exhibit-P5(a) TRUE TYPED COPY OF EXHIBIT-P5
Exhibit-P6 TRUE COPY OF THE DISSENTING NOTE DATED
05.03.2024 SUBMITTED BY THE PETITIONER
Exhibit-P7 TRUE COPY OF THE MINUTES OF THE
MEETING OF THE ADMINISTRATIVE
COMMITTEE OF VATANAPPALLY AGRICULTURAL
CO-OPERATIVE SOCIETY LTD. NO. R-391
HELD ON 19.03.2024
Exhibit-P8 TRUE TYPED COPIES OF RELEVANT PAGES OF
EXHIBIT-P7 MINUTES OF THE MEETING OF
THE ADMINISTRATIVE COMMITTEE
W.P.(C) No. 12397/2024 2024:KER:70807
Exhibit-P9 TRUE COPY OF THE DISSENTING NOTES
DATED 20.03.2024 SUBMITTED BY THE
PETITIONER
Exhibit-P10 TRUE COPY OF THE REPRESENTATION DATED
20.03.2024 SUBMITTED BY THE PETITIONER
TO THE 1ST RESPONDENT
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 GOVERNMENT
NOTIFICATION BEARING G.O.(P)NO.61/
2024/CO-OP DATED 01.04.2024
Exhibit P14 TRUE COPY OF THE ORDER NO.
JRGTSR/383/2023-O DATED 02.04.2024
ISSUED BY THE JOINT REGISTRAR,
THRISSUR
Exhibit P15 TRUE COPY OF THE SUSPENSION ORDER
DATED 30.03.2024 ISSUED BY THE
ADMINISTRATIVE COMMITTEE OF THE
VATANAPPALLY AGRICULTURAL CO-OPERATIVE
SOCIETY LTD NO. R-391
Exhibit-P16 TRUE COPY OF THE ORDER NO.C.R.B
5472/05/K.DIS DATED 30.01.2005 PASSED
BY THE 1ST RESPONDENT.
Exhibit-P16(a) TRUE TYPED COPY OF EXHIBIT-P16 ORDER.
W.P.(C) No. 12397/2024 2024:KER:70807
Exhibit-P17 TRUE COPY OF THE COMMUNICATION DATED
21.11.2023 ISSUED BY THE TOURISM
DEVELOPMENT CO-OPERATIVE SOCIETY TO
THE CONVENOR/SECRETARY OF THE
VATANAPPALLY AGRICULTURE CO-OPERATIVE
SOCIETY LTD NO.R.391.
Exhibit-P18 TRUE COPY OF THE ELECTION NOTIFICATION
DATED 18.05.2024 PUBLISHED IN
DESHABHIMANI DAILY DATED 19.05.2024.
Exhibit P19 TRUE COPY LETTER DATED 18.04.2024 SENT
BY THE PETITIONER TO THE SECRETARY IN
CHARGE OF THE BANK
Exhibit P20 TRUE COPY OF THE ACKNOWLEDGEMENT CARD
DATED 19.04.2024 EVIDENCING THE
ACCEPTANCE OF EXHIBIT-P19 LETTER
Exhibit P21 TRUE COPY OF THE COMPLAINT DATED
08.07.2024 SUBMITTED BY THE PETITIONER
BEFORE THE 1ST RESPONDENT
Exhibit P22 TRUE COPY OF THE LETTER DATED
12.07.2024 ISSUED BY THE CONVENER OF
THE ADMINISTRATIVE COMMITTEE
RESPONDENT'S EXHIBITS
EXHIBIT R3(a) A TRUE COPY OF THE COMPLAINT NO.
JRGTSR/1755/2021/HM(2) DATED
05/06/2023
EXHIBIT R3(b) A TRUE COPY OF THE COMPLAINT DATED
26/03/2024 SUBMITTED BY THE CONVENER
OF VATANAPPALLY AGRICULTURAL CO-
OPERATIVE BANK BEFORE SHO,
VATANAPPALLY
Annexure R1(a) TRUE COPY OF THE RECOMMENDATION OF THE
FIRST RESPONDENT DATED 30-01-2024
W.P.(C) No. 12397/2024 2024:KER:70807
Annexure R1(b) TRUE COPY OF THE GO(P) NO.61/2024 CO-
OP DATED 01-04-2024
Annexure R1(c) A TRUE COPY OF THE RESOLUTION DATED
20-04-2024
Annexure R1(e) TRUE COPY OF THE LETTER RECEIVED FROM
THE SECRETARY OF THE STATE
CO-OPERATIVE ELECTION COMMISSION DATED
06-05-2024
Annexure R1(f) TRUE COPY OF THE RESOLUTION DATED
30-05-2024 FORWARDED BY THE SOCIETY
Annexure R1(d) TRUE COPY OF THE APPLICATION DATED
22-04-2024 SUBMITTED BY THE SOCIETY TO
CONDUCT ELECTION
RESPONDENT'S EXHIBITS
Exhibit R7(a) COPY OF G.O(P) NO. 158/2010 CO-OP
DATED 20/9/2010
Exhibit R7(b) COPY OF G.O(P) NO.44/2016/CO-OP DATED
25/4/2016
Exhibit R7(c) COPY OF G.O(P) NO.108/2019/CO-OP DATED
04/10/2019
