Important points:
The Section empowers the Registrar to give general directions for furtherance of the purposes of the Act. Conducting of fair election by the issuance of proper identity cards is only an act in furtherance of implementation of the provisions of the Co operative Societies Act and Rules, and the Registrar has the authority to issue such directions as may be necessary for the said purpose

JUDGMENT :

Sanction granted by the Joint Registrar, to issue fresh identity cards to members on surrender of the existing identity cards, is under challenge in this writ petition.

2. The 4th respondent Society is a Society of the employees of the Government Secretariat. On retirement of an employee, he loses his membership from the Society. The Managing Committee of the Society was superseded in the year 2018 and since then an Administrative Committee is in office. On 04.01.2020, the Administrative Committee resolved to issue fresh identity cards to members of the Society on they surrendering the existing identity cards. The same was necessitated since there were allegations of various forged/fabricated identity cards being issued by the former honorary Secretary. As per Ext.P4 order dated 20.03.2020, the Joint Registrar accorded sanction for the said course. The same is under challenge.

3. Heard Sri.George Poonthottam, the learned Senior Counsel assisted by Sri.Arun Chandran on behalf of the petitioners, Sri.M.Sasindran and the learned Government Pleader on behalf of the respondents.

4. The petitioners challenge Ext.P4 order on two grounds; firstly, the Co-operative Societies Act or Rules does not sanction such procedure of recalling the identity cards and issuing fresh identity cards; secondly, in view of the present Covid Pandemic, it would not be advisable to invite the approximately 5600 members of the Society to the office for the aforesaid purpose, since such an assembly would result in drastic consequences.

5. As stated in Exhibit P4, the circumstances which compelled the Society/Administrative Committee to seek for permission for issuance of fresh identity cards are the following:-

(i) There were various complaints regarding forged/fabricated identity cards having been issued by the former Secretary.

(ii) Crime No.1394/2019 has been registered with respect to the forging/fabrication of identity cards and enquiry/investigation is going on.

(iii) The identity card registers have been seized by the Crime Branch in connection with the investigation. Therefore, verification of the identity cards with the identity card register is not possible.

(iv) In the aforementioned circumstances, it is practically difficult to conduct a fair election.

(v) The Administrative Committee had been in office since 05.03.2018 and it is necessary to have elections conducted at the earliest.

6. Rule 16A of the Co-operative Societies Rules provides for the issuance of identity cards to members. Sub-rules (1) and (3) of Rule 16A, which are relevant for the purposes of the present case, are extracted hereunder:-

“16A. Identity card:-(1) A person admitted as a member of a Society shall be issued with an identity card, in Form 6A, which shall be conclusive evidence to prove his membership in the Society. The member shall furnish two copies of his recent photograph of passport size to the Society. Copies of the photograph shall be attested by the Chief Executive of the Society or an officer specially empowered in this behalf by the Committee of the Society and one copy of the duly attested photograph shall be affixed in the identity card and the other copy shall be affixed in the Register in Form 6B maintained for the purpose. The identity card shall also bear the seal of the Society.

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(3) The identity card shall be issued direct to the member concerned after obtaining his acknowledgment in the Register in Form 6B and shall not be supplied to any other person on his behalf.”

7. The rules stipulate the following:-

(i) A member shall be issued with identity card in Form 6A. (ii)Register of identity cards is to be maintained in Form 6B.

(iii) The identity card and the register is to be affixed with recent passport size photograph of the member.

(iv) The photographs are to be attested by the Chief Executive of the Society.

(v) The identity card is to bear the seal of the Society.

(vi)The identity card is to be issued directly to members.

(vii) An ac