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2013 Supreme(Ker) 445

High Court of Kerala
A.M. SHAFFIQUE, J.
Gireesh Kumar
Versus
The Joint Registrar of Co-Operative Societies & Others
W.P. (C) Nos. 19912, 20217, 20343, 20348, 20351, 22220 & 24149 of 2012
Decided On : 13-08-2013

Advocates Appeared:
For the Petitioner:P.P. Jacob, T.P. Gopakumar, Advocates.
For the Respondents: R1 to R3, Mrs. Rose Michael, Government Pleader, D. Somasundaram, Spl. Government Pleader.

Headnote:

Kerala Co-operative Societies Act, 1969 - Sections 32, 63, 64, 65 and 66 - Writ Petition - Managing Committee assumed office and their term was to expire - On the basis of a complaint filed by certain persons, steps were taken by the Joint Registrar - Managing Committee members filed an objection stating that the show-cause notice was premature - Held, Supersession is illegal for non-compliance - It is not necessary to complete the exercise under Ss.63 to 66 to enable the Registrar to take action under S.32 of the Act - Petition partly allowed.

Judgment :

1. These writ petitions are concerned with the affairs of the Angamaly Service Cooperative Bank limited, (hereinafter referred as the 'Bank') a Society registered under the Kerala Co-operative Societies Act, 1969 (hereinafter referred to as the 'Act'). Since the matters complained are in connection with affairs of the Bank the cases are decided by a common judgment.

2. The facts as disclosed would show that the Managing Committee assumed office on 4.11.2007 and their term was to expire by 3.11.2012. On the basis of a complaint filed by certain persons, steps were taken by the Joint Registrar to conduct an enquiry under S. 65 of the Act. On the basis of a report received from the Inspector appointed for the purpose of enquiry, a show cause notice was issued to the members of the Managing Committee on 3.7.2012 to explain why the Committee should not be superseded. The Managing Committee members filed an objection stating that the show-cause notice was premature. They also filed W.P.(C)No.16377/2012 challenging the show cause notice. This Court by judgment dated 24.7.2012 disposed the writ petition directing Joint Registrar to consider the objection filed by the Managing Committee and pass appropriate orders.

3. In the meantime on 26.7.2012 the election notification was published fixing the last date of nomination as on 23.8.2012. On 17.8.2012 all the members of the Committee submitted their resignation from the Managing Committee. On 18.8.2012 the President submitted his resignation from the Managing Committee by entrusting the letter of resignation to the Secretary. The Registrar was intimated about the resignation of the Managing Committee members on 21.8.2012. In the meantime, on 18.8.2012 the Joint Registrar fixed the date of hearing of the notice under S.32(1) of the Act on 22.8.2012. As the Managing Committee members resigned, they did not attend the hearing and accordingly the Joint Registrar passed order dated 22.8.2012 superseding the Managing Committee under S. 32(1) of the Act. Thereafter, former committee members submitted nomination to the Returning Officer. The same were rejected on the ground that they were members of the Managing Committee which were superseded by the Joint Registrar.

4. W.P.(C) No.19912 of 2012 is filed by a former president of the Bank for a direction to the Joint Registrar to supply copy of the order passed in Exhibits P3, P4 and P5. It is alleged that steps were taken by the Joint Registrar to conduct an inquiry into certain allegations against the managing committee members. Exhibit P3 is the resolution dated 9/3/2010 of the Board members deciding to seek permission from the Joint Registrar to purchase property for the society at Rs.31,68,900/-. Exhibit P4 is the resolution dated 9/3/2010 by which it was decided to get approval from the general body and to inform the Joint Registrar accordingly. Exhibit P5 is the resolution passed by the general body on 27/3/2012. The allegation is that without passing any order an inquiry is conducted and therefore the petitioner sought for the direction in the writ petition. It is contended that without giving any permission in terms of Exhibit P3, P4 and P5 the Joint Registrar and issued notice under section 32(1) of the Act calling for an explanation, which according to the petitioner is premature and unless the direction as sought for is issued it may not be possible for the members to defend Ext.P7 notice properly. It is also alleged that the members of the committee have resigned on 18/8/2012 and the said fact was intimated to the Joint Registrar and Assistant Registrar on 21/8/2012.

5. W.P.(C) No. 20217 of 2012 is filed by the former president of the Bank challenging the action of the Joint Registrar in issuing notice under section 32(1) of the Act on the ground that members of the committee had tendered resignation on 18/8/2012 and thereafter the Joint Registrar has no power to take action under section 32(1) of the Act.

6. W.P.(C) No.203





























































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