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2014 Supreme(Ker) 647
High Court of Kerala
ANTONY DOMINIC & ANIL K. NARENDRAN, JJ.
K.A. Abdul Rahman
Versus
The Cheranelloor Service Co-Operative Bank Ltd. represented by its Secretary & Others
Writ Appeal Nos. 1808, 1829, 1842 & 1845 of 2014
Decided On : 09-12-2014
For the Appellant :P.P. Jacob, Advocate.
For the Respondents:D. Somasundaram, Spl Government Pleader, M.M. Monaye, Advocate.
Headnote:
Kerala Co operative Societies Act 1969 - Sections 12( 4) , 30, 29 and 83( 1)(b) - Registration - Who can register - Whether business which can be transacted in an annual general meeting can be transacted in a special general meeting also - Held, Section 29 of the Act provides that a general body meeting of a society shall be held within a period of six months of close of the financial year and the purposes of such a meeting are also enumerated in the Section. The amendment of the bye-laws is one of the purpose for which AGM can be convened and it is so provided in S. 29(1)(cd). In so far as special general body meeting provided under S.30 is concerned, Clause (1) of this section provides that the committee of a society may "at any time", call a special general body meeting of the society and shall call such meeting within one month after receipt of a requisition in writing from the Registrar or from such number of members or a proportion of the total number of members, as may be prescribed. Section 30 does not contain anything placing any restriction on the business to be transacted in a special general body meeting. In other words, any business which can be transacted in an annual general meeting can be transacted in a special general meeting also - An appeal under Section 83(1)(b) can be maintained only against an order refusing registration and an appeal against an order granting registration cannot be maintained under this sub-section.
Antony Dominic, J.
1. All these appeals are filed by Sri. K.A. Abdul Rahman, a member of the Cheranelloor Service Co-operative Bank, challenging the common judgment rendered by the learned single Judge in WP(C) Nos.9156, 26410, 27765 & 27493/14.
2. Briefly stated, the facts of the case are that, on 23/3/14, the Board of Directors of the Cheranelloor Service Co-operative Bank Ltd., (hereinafter referred to as the Bank for short), convened a special general body meeting of the members of the Bank. In that meeting, the appellant was also present. A resolution was passed in the meeting to amend the bye-laws vide resolution No.4933(5), which, according to the Bank, was to comply with the statutory requirements of Section 28A of the Kerala Co-operative Societies Act (hereinafter referred to as the Act for short). The minutes of the meeting is produced as Ext.P3 in WP(C) No.9156/14, against which WA No.1808/14 is filed.
3. After the resolution was passed, appellant along with another, styling themselves as "Cheranelloor Sahakarana Janathipathya Samrakshana Samithi", filed Ext.P2 before the Joint Registrar of Co-operative Societies, Ernakulam purportedly under Rule 176 of the Kerala Cooperative Societies Rules (hereinafter referred to as the Rules for short). Thereafter, he filed WP (C) No.9156/14 with a prayer requiring the Joint Registrar to pass orders on Ext.P2 mentioned above and also for a direction to the Registrar not to register the amendment to the bye-laws pursuant to the resolution passed in the meeting held on 23/3/14.
4. During the pendency of the writ petition, by proceedings dated 10/6/14, the Joint Registrar granted registration to the amendment to the Bye laws. Thereupon, producing the proceedings of the Joint Registrar as Ext.P6, WP(C) No.9156/14 was got amended with a prayer to declare that the registration granted was illegal. While so, the Joint Registrar by his proceedings dated 13/6/14, a copy of which is Ext.P7 in WP(C) No.9156/14, closed the proceedings pursuant to Ext.P2.
5. Challenging the proceedings of the Joint Registrar dated 13/6/14, the appellant filed an appeal under Section 83(1) (j) before the Government, which entertained the appeal and passed an order staying the resolution passed in the special general body meeting held on 23/3/14. Producing copies of the appeal and the stay order passed by the Government as Exts.P4 and P5, WP(C) No.26410/14 was filed by the Bank, where prayer was sought to quash the stay order passed and also to direct that election be held on the basis of the bye-laws as amended in the special general body meeting held on 23/3/14.
6. While matters stood thus, the Society passed resolution for conducting election on the basis of the unamended bye-laws which was forwarded to the Election Commission. The Election Commission, which was already in receipt of the resolution of the society to conduct election on the basis of the amended bye-laws, chose not to act upon either of the two resolutions. Thereupon, the Bank got WP(C) No.26410/14 amended incorporating a prayer to interfere with the refusal of the Election Commission to conduct election on the basis of the amended bye-laws.
7. At that juncture, WP(C) Nos.27765 and 27493/14 were filed by two other members of the Bank to compel the Election Commission to conduct election based on unamended bye-laws. All these writ petitions were heard together and were disposed of by the common judgment under appeal. By this judgment, WP(C) Nos.26410, 27493 and 27765/14 were allowed and WP(C) No.9156/14 was dismissed. The operative portion of the judgment as contained in para 28, reads as follows:
"28. In the above circumstances, there shall be a direction to the Managing Committee of the respondent-Bank, to immediately take a resolution in consonance with the Act and Rules and fix a polling date and forward such resolution to the Election Commission, through the Assistant Registrar/Joint Registrar concerned. The Assistant Registrar/
