Kerala High Court
B.N. Shyamkumar vs The Joint Registrar Of Co-Operative ... on 5 February, 2025
WP(C) No.2902/2025 1/7
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
Wednesday, the 5th day of February 2025 / 16th Magha, 1946
WP(C) NO. 2902 OF 2025(K)
PETITIONER:
B.N. SHYAMKUMAR, AGED 59 YEARS, PRESIDENT, KATTAKKADA PRIMARY CO-
OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK LTD. NO.T.2037,
MALAYINKEEZHU.P.O, THIRUVANANTHAPURAM , PIN - 695571
RESPONDENTS:
1. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL) O/O. THE
JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES, KARYAVATTOM,
THIRUVANANTHAPURAM , PIN - 695581
2. THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES O/O THE ASSISTANT
REGISTRAR OF CO-OPERATIVE SOCIETIES, MINI CIVIL STATION, KATTAKKADA,
KULATHUMMAL, THIRUVANANTHAPURAM, PIN - 695572
3. THE KATTAKKADA PRIMARY,CO-OPERATIVE AGRICULTURAL AND RURAL
DEVELOPMENT BANK LTD. NO.T.2037, MALAYINKEEZHU.P.O,
THIRUVANANTHAPURAM ,REPRESENTED BY ITS SECRETARY, PIN - 695571
4. P.A. ABRAHAM, S/O P.P.ANDREWS, VICE PRESIDENT, KATTAKKADA PRIMARY
CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK LTD. NO.T.2037,
MALAYINKEEZHU.P.O, THIRUVANANTHAPURAM, RESIDING AT PEAKKAKUZHIYIL,
T.K.ESTATE, AMBOORI.P.O, THIRUVANANTHAPURAM, PIN - 695571
5. VIJAYACHANDRAN.S, S/O P.SEKHARA PILLAI, VISHAVAM, KALLIKKADU,
MYLAKKARA.P.O, THIRUVANANTHAPURAM, PIN - 695572
6. REHNA.V, D/O RAVEENDRAN, SUBHA HOUSE, KOTTAMPALLY, AMBALATHINKALA.
P.O, KATTAKKADA, THIRUVANANTHAPURAM, PIN - 695572
7. SHEELA.R.S, W/O SUNIL.C, T.H. NAGAR, GOWRY BHAVAN, THATTAVILA,
MAYAYINKEEZHU.P.O, THIRUVANANTHAPURAM, PIN - 695571
8. MAHENDRAN.M, S/O G. MADHUSOODHANAN NAIR, MAHISREE, VANDANNOOR,
PERAMPUZHATHOOR.P.O, THIRUVANANTHAPURAM, PIN - 695126
9. V.GOPAN, S/O VELAYUDHAN NAIRASWATHY, KRISHNAPURAM,
MALAYINKEEZHU.P.O, THIRUVANANTHAPURAM , PIN - 695571
10. P. RAJASEKHARAN NAIR, S/O PARAMESWARAN NAIR, PUNARTHAM, MARAMALLOOR,
KOOVALASSERY.P.O, THIRUVANANTHAPURAM, PIN - 695512
11. SMT. RADHABHAI S.B.BHAVAN, KILLY, KOLLODE.P.O, KUTTIKKADU,
THIRUVANANTHAPURAM, PIN - 695571
12. SANEESH SANPHILO, MEPPOOKKADA, MALAYINKEEZHU, THIRUVANANTHAPURAM,
PIN - 695571
Writ petition (civil) praying inter alia that in the circumstances
stated in the affidavit filed along with the WP(C) the High Court be
pleased to issue an interim stay of Ext.P2 notice, pending disposal of
this Writ Petition (Civil).
WP(C) No.2902/2025 2/7
This petition again coming on for orders upon perusing the petition
and the affidavit filed in support of WP(C) and this court's order dated
29-01-2025 and upon hearing the arguments of SRI.P.C.SASIDHARAN Advocate
for the petitioner, GOVERNMENT PLEADER for the respondents 1 and 2, M/S
T.R.HARIKUMAR, ARJUN RAGHAVAN, Advocate for the 3rd respondent and of
GEORGE POONTHOTTAM (SR.) alongwith M/S. NISHA GEORGE, ANSHIN K.K,
Advocates for the respondents 4 to 9 and 11 and 12, the court passed the
following:
WP(C) No.2902/2025 3/7
W.P.C.No.2902/25
1
ZIYAD RAHMAN A.A., J.
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W.P.C.No.2902 of 2025
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Dated this the 5th day of February, 2025
ORDER
The learned senior counsel appearing for the respondents
sought to vacate the interim order passed by this court on
24.01.2025. Writ petition was submitted challenging Ext.P2 order
passed on the notice of no confidence motion moved by the
respondents 4 to 12 against the President of the Society, by which
it was orderd to convene a meeting to consider the said motion.
This Court passed an interim order staying all further proceedings
pursuant to Ext.P2 as per order dated 24.01.2025 till 29.01.2025.
The said interim order is being extended from time to time.
2. The main challenge in this writ petition raised by the
petitioner is on the reason that, some of the respondents herein
who moved no confidence motion, have submitted their
resignations and therefore they are longer the members.
According to the party respondents, the said letters of
resignations are fabricated.
3. On the other hand, the learned counsel for the
petitioner pointed out that, resignation letters were duly tendered
by them to the President. As per the explanation to Section 33(1)
of the Co-operative Societies Act, the tendering of explanation by
a member of the committee shall have the effect of terminating his
membership fromthe Committee. The learned counsel for the
petitioner also places reliance upon the decision rendered by this
Court in Nataraj Gownder S. and Another v. Registrar and
Dy.Director of Dairy Development Department [2008(2) KHC
399], wherein it was held that, the resignation does not depend
upon the acceptance by the Committee or even by the President.
Sub Rule 4 of Rule 38 of the Act to the extent it provides that the
resignation shall have the effect only from the date of its
acceptance by the committee was declared as ultra vires to
Section 33(1) of the Kerala Co-operative Societies Act, in the said
judgment. It was further contended that, in Baby Chemparathy
v. Joint Registrar of Co-operative Societies [2002(2) KLT
730], it was held that, the tendering of resignation by a member
of the committee shall have the effect of terminating his
membership from the committee and such resignation cannot be
withdrawn.
4. I have carefully gone through the records. In this case,
even though the resignation letters submitted by some of the party
respondents were seriously disputed by them, the fact remains
that, there are resignation letters signed by the parties concerned.
In this regard, in the counter affidavit filed by the respondents 4 to
9 , 11 and 12, the specific averment raised by the above
respondents is that, the petitioner had obtained signed blank
papers from the party respondents at the time of election of the
Managing Committee of the 3rd respondent on 23.01.2021.
According to them, thereafter, they have fabricated resignation
letters utilizing the blank papers.
5. Thus, the crucial question is regarding the genuineness
of the resignation letters which contain the signatures of the
parties concerned. As there are resignation letters on record, the
question as to whether the said resignation letters were fabricated
or not is a matter to be decided at the final hearing. Therefore, I
am of the view that, the interim order already granted by this
Court need not be vacated in view of the fact that, in the light of
the said resignation letters, the party respondents are seized to be
the members of the management committee with effect from the
date of tendering of the said resignations. Therefore, permitting
the convening of the meeting to consider the no confidence motion
as proposed in Ext.P2, cannot be allowed as of now, as there is
nothing to show that the petitioners are continuing as the
members of the Managing Committee. They can be treated as the
members of the Managing Committee only if the resignations are
found to be invalid, which can only be decided at the time of final
disposal. Therefore, the relief sought by the respondents to
vacate the interim order is declined.
Interim order shall stand extended for a period of one month.
Sd/-
ZIYAD RAHMAN A.A.
JUDGE
DG/5.2.25
05-02-2025 /True Copy/ Assistant Registrar
APPENDIX OF WP(C) 2902/2025
Exhibit P2 THE TRUE COPY OF THE PROCEEDINGS DATED 18/1/2025 OF THE
JOINT REGISTRAR
05-02-2025 /True Copy/ Assistant Registrar
