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2017 Supreme(Ker) 1081

IN THE HIGH COURT OF KERALA
P.R. RAMACHANDRA MENON, DEVAN RAMACHANDRAN, JJ.
Mercy George - Appellant
Versus
The Kerala State Co-Operative Election Commission & Others - Respondents
WA. No. 2570 of 2017 in WP(C). No. 39027 of 2017
Decided On : 14-12-2017

Advocates Appeared:
For the Appellant : George Poonthottam
For the Respondents: K.S. Mohammad, P.V. Baby, T.P. Pradeep, A.N. Santhosh

Headnote:Co-operative Societies Rules 1969 (Kerala), R. 44 -- Disqualification from the membership of a Managing Committee of a Society is provide under Rule 44 -- Disqualifications prescribed under Rule 44(1)(j) only apply for a member of the Managing Committee but not for being a member of the society-Any person disqualified under any provision of the bye laws of the society is also ineligible for elected or appointed as a member of the managing committee - Nomination to the election to the managing committee can be rejected on the ground of the petition holding membership of two different societies.

JUDGMENT :

Devan Ramachandran, J.

1. In question in this appeal is the rejection of the nomination of the appellant to the elections scheduled to the Managing Committee of the Kalloorkad Farmers Co-operative Bank Ltd., the 4th respondent herein. We force ourselves to be as brief as we can in this judgment for the reason that the elections are stated to be scheduled on 16.12.2017 and the directions, if any, that we propose in this judgment will have to be implemented without delay.

2. First an apercus of the most essential facts as are involved:

The appellant is the writ petitioner in W.P.(C) No.39027 of 2017. This writ petition was filed challenging the rejection of her nomination to the elections to the Managing Committee of the 4th respondent Society and a copy of the said rejection order has been appended to the writ petition as Ext.P2. The reason for rejection, as is discernible from Ext.P2, is that the appellant has been found to be a member of another credit society by name Kumaramangalam Service Cooperative Bank Ltd. (hereinafter referred to as ‘the Kumaramangalam Society’ for short), which according to the Returning Officer is a disqualification under the provisions of Rule 27 of the Kerala Co-operative Societies Rules (hereinafter referred to as ‘the Rules’ for brevity). The appellant challenged Ext.P2 on various grounds but primarily asserting that membership in two different societies, even if they are credit societies, do not entail an automatic disqualification under the provisions of Rule 27 of the Rules, as is contended by the respondents, but that she will continue to be a member of both societies until such time as action is taken by the Registrar as sanctioned under sub clause (2) of the said Rule. Since this assertion is edifixed on the provisions of Rule 27, we deem it appropriate to extract it as under:-

“27. Prohibition of membership in two credit

(x) societies :- (1) A person applying for admission as a member of any credit society (not being a Financing Bank) shall be admitted as such member only with the previous sanction in writing of the Registrar, if on the date of such application such person is a member of any other credit society. Such sanction may be accorded by the Registrar either in relation to any individual credit society or in relation to class of credit societies.

[xxxx]

(2) Where a person has become a member of any society referred to in sub-rule (1) in contravention of the provisions of that sub-rule, such society shall remove him from membership upon a written requisition from Registrar.”

3. An examination of Ext.P2 would make it ineluctable that the only reason stated therein is that the appellant is disqualified to stand as a candidate for elections to the 4th respondent Society because she is already a member of the Kumaramangalam Service Co-operative Bank Ltd. The question is whether this would amount to an automatic disqualification.

4. We have heard Sri. George Poonthottam, learned counsel appearing for the appellant and the learned counsel for the respondents.

5. Sri. George Poonthottam, learned counsel appearing on behalf of the appellant, zealously asserts that there is a conspicuous distinction between disqualification of membership to a society and disqualification to be a candidate to a member of a managing committee as per the Scheme of the Kerala Cooperative Societies Act, 1969 (hereinafter referred to as the Act for convenience) and the Rules. He says that these are not identical or similar notions under the various provisions of the Act and the Rules. He points out to us that disqualification as a member of the society is governed by Section 16 and Section 19 of the Act as also Rule 16 and Rule 18 of the Rules. He tells us that while Section 16 and Section 19 itemizes the various criterion attracting disqualifications as a member of the society, Rule 16 enumerates more categories to these disqualifications and Rule 18 provides for the procedure for expulsion from membership. Sri.
























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