IN THE HIGH COURT OF KERALA
P.N. RAVINDRAN, R. NARAYANA PISHARADI, JJ.
K.M. Manojkumar, Vice President, Kannur District Police Co-Operative Society Ltd. No. C. 1384 & Others - Petitioner
Versus
The Joint Registrar of Co. Operative Societies (General) & Another - Respondents
WA. No. 176 of 2018 In WPC. 35 of 2018
Decided On : 22-01-2018
P.N. Ravindran, J.
1. This writ appeal arises from the interim order passed by the learned single Judge on 10.1.2018 in W.P.(C)No.35 of 2018. The appellants are the petitioners therein. The brief facts of the case are as follows:
2. The writ petitioners, 11 in number, are members of the Board of Directors of the Kannur District Police Co-operative Society Ltd. No. 1384, Kannur (hereinafter referred to as “the society” for short). The first petitioner is its Vice President. As per the bye-laws of the society, the District Police Chief is ex-officio the President of the society. The petitioners were elected to the managing committee of the society in the elections held on 5.10.2013. They assumed charge only on 28.11.2013 in view of the interim orders passed by this court in certain writ petitions which were then pending in this court regarding the validity of the voters list. The term of office of the managing committee which was elected on 5.10.2013 would have in the normal course come to an end only on 4.10.2018.
3. Long after the managing committee of the society assumed office, the Joint Registrar of Co-operative Societies, Kannur issued a notice dated 15.12.2016 under section 32(1) of the Kerala Cooperative Societies Act, 1969 (hereinafter referred to as “the Act” for short) calling upon the members of the managing committee to show cause why they shall not be superseded. The society thereupon filed W.P.(C)No.40410 of 2016 in this court, challenging that notice inter alia on the ground that section 32 of the Act cannot be invoked as the Government does not hold shares in the society and the society has not availed any loan or financial assistance or any guarantee from the Government or any Board or institution constituted by the Government, as stated in the third proviso to section 32(1) of the Act. Accepting that contention, a learned single Judge of this court passed an interim order on 21.12.2016 in W.P.(C)No.40410 of 2016 whereby further proceedings pursuant to the notice dated 15.12.2016 issued under section 32(1) of the Act was stayed.
4. When W.P.(C)No.40410 of 2016 was taken up for consideration on 12.10.2017, the learned Special Government Pleader appearing for the official respondents submitted that Ext.P2 notice in W.P.(C)No.40410 of 2016, which was impugned therein, will be withdrawn and that the writ petition may be disposed of reserving liberty with the respondents to issue a fresh notice in accordance with law. In that view of the matter, the learned single Judge closed W.P. (C) No. 40410 of 2016 by Ext.P3 judgment delivered on 12.10.2017 reserving liberty with the respondents namely the Joint Registrar of Cooperative Societies and the State of Kerala to issue a fresh notice in accordance with law. The learned single Judge also left open the contentions raised in the writ petition. Later, to be exact on 7.12.2017, the Joint Registrar of Co-operative Societies, Kannur issued a fresh show cause notice under section 32(1) of the Act.
5. The petitioners herein thereupon filed W.P.(C)No.40225 of 2017 in this court reiterating the same contentions as were raised in W.P.(C)No.40410 of 2016. The show cause notice dated 7.12.2017 was produced and marked as Ext-P6 therein. When W.P.(C) No.40225 of 2017 came up for consideration before the learned single Judge on 14.12.2017, the learned single Judge passed Ext.P4 interim order to the effect that the Joint Registrar of Co-operative Societies shall pass orders pursuant to the impugned notice only after affording the petitioners a reasonable opportunity of being heard. Such an order was passed having regard to the request made by the learned Special Government Pleader for time to file counter affidavit. The learned single Judge also permitted the writ petitioners to file a reply to the impugned show cause notice without prejudice to their contentions in the writ petition. Ext.P4, the interim order passed by this court on 14.12.2017 in W.P.(C)No.40225 of 2017 is extrac
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.