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2009 Supreme(Ker) 560

High Court Of Kerala
THE HONOURABLE MR. JUSTICE S. SIRI JAGAN
The Managing Committee Of Vallappuzha - Appellant
Versus
The Joint Registrar Of Co-Operative - Respondents
WP(C).No. 14657 of 2007
Decided On : 20 July 2009

Advocates Appeared:For the Petitioner:George Poonthottam, Advocate. For the Respondent: Government Pleader.

Headnote:

Kerala Co operative Societies Act,1969 - Section. 32( 1 )(c) and 32( 1)(d) - Petition is the present managing committee of the Vallappuzha Service Co-operative Bank Ltd., a co-operative Society registered under the Kerala Co-operative Societies Act, 1969, (hereinafter referred to as 'the Act', for short), represented by its President Sri. P.K. Koya. As originally constituted, the challenge in the Writ Petition was against Ext. P1 show cause notice issued under S.32(1) of the Act, directing the committee to show cause why the committee should not be superseded under that Section for the 12 irregularities detailed therein. By interim order dated 8.5.2007 - Held, employees of the Society have been kept under suspension beyond one year without prior permission from the Registrar. In this respect, both Ext. P1 show cause notice and Ext. P2 reply are vague. In Ext. P1, nothing is mentioned about non-compliance with 198(6), except that in the matter of suspension and disciplinary proceedings , appropriate procedural formalities have not been complied with. From the documents, I find that one of the suspended employee is charged with the misconduct of fabricating documents. The same being a very serious charge, it is in the interest of the Society not to reinstate him pending finalization of the disciplinary proceedings - Petition is allowed.

Judgment :

The petitioner in this writ petition is the present managing committee of the Vallappuzha Service Co-operative Bank Ltd., a co- operative Society registered under the Kerala Cooperative Societies Act, 1969, (hereinafter referred to as 'the Act', for short), represented by its President Sri. P.K. Koya. As originally constituted, the challenge in the writ petition was against Ext. P1 show cause notice issued under Section 32(1) of the Act, directing the committee to show cause why the committee should not be superseded under that Section for the 12 irregularities detailed therein. By interim order dated 8-5-2007, this Court directed that the implementation of any order pursuant to Ext. P1 shall be kept in abeyance for three weeks. Subsequently, after several extensions of the said order, the same was extended until further orders on 13-11-2007. Thereafter, Ext. P5 order dated 6-12-2007 was passed by the 1st respondent , superseding the Society and appointing an administrator for the Society. By Ext. P10 intimation dated 20-12-2007, the administrator appointed by Ext. P5, informed the Secretary of the Society that he has taken charge on 29-12-2007. The petitioner has subsequently got the writ petition amended to include a challenge against Ext. P5 order also. By interim order dated 1-1-2008, this Court stayed Exts. P5 and P10 until further orders.

2. The present committee was elected on 28-1-2006 and they took charge on 30-1-2006. The committee of the Society consists of 11 members. Out of the 11 members elected on 28-1-2006, 7 were new members who were not members of any of the previous committees. On the basis of a complaint received from 4 members of the Society, the 1st respondent ordered an inspection into the affairs of the Society under Section 66 of the Act, by Ext. P3 order dated 30-9-2006. Pursuant thereto, the Unit Inspector of the Office of the Asst. Registrar (G), Ottappalam submitted Ext. R1(f) report dated 14-3- 2007, wherein the Unit Inspector reported that his inspection revealed the irregularities detailed in the report. Based on that report, the 1st respondent-Joint Registrar of Co-operative Societies (G), Palakkad issued Ext.P1 show cause notice, to which the petitioner submitted Ext. P2 reply stating that the committee has not committed any of the irregularities mentioned in Ext. P1 and therefore further proceedings pursuant to Ext. P1 may be dropped. Anticipating supersession despite the reply and alleging that Ext. P1 itself is lacking in the essential requirements of Section 32, the petitioner filed this writ petition and as stated earlier, after Ext. P5 order was passed confirming Ext. P1, the writ petition was got amended as per which the petitioner seeks the following reliefs:

"(i) Issue a writ in the nature of certiorari calling for the records leading to Ext. P1 and to quash the same.

(ii) Issue a writ declaring that the notice issued as per Ext. P1 and the allegations contained therein are not grounds for the invoking of the power under Section 32 of the KCS Act as against the committee now in office and therefore the proceedings are vitiated.

(iii) Issue a writ declaring that Ext. P1 is in violation of the essential requirements mandated under Section 32(1) of the KCSW Act and therefore the same is bad.

(iv) Issue a writ of certiorari calling for the records leading to Ext. P5 and to quash the same.

(v) Issue a writ declaring that Ext. P5 order has been issued based on irrelevant consideration and taking into account factors which are beyond the scope of Section 32 of the KCS Act and therefore bad in the eye of law."

3. The petitioner challenges the proceedings evidenced by Exts.P1 and P5 on the main ground that out of the 12 allegations in Ext. P1, 10 are in respect of actions of the previous committee, of which only 4 are members of the present committee and for the action of the previous committee, no proceedings for supersession can be initiated against the present committee. As far as




































































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