The court held that the decisions taken in the meeting of the administrative committee were valid and legal, and the order rescinding the decisions was invalid due to a violation of natural justice.

JUDGMENT :

1. The petitioner is common in both the Writ Petitions. As the issues arising for consideration are identical, these Writ Petitions can be disposed of by common judgment. The parties and the exhibits referred to in this judgment are as they appear/are marked in W.P (C) 15113/2023 unless otherwise indicated. The petitioner is one among the members of the three-member Administrative Committee constituted for the management of the Neyyattinkara Primary Cooperative Agricultural and Rural Development Bank Ltd. (hereinafter also referred to as 'the Primary Bank') in terms of Ext.P.6 order dated 17-04-2023. An administrative committee had to be appointed on account of the fact that the term of the managing committee of the Primary Bank was to expire on 13-04-2023. Though the election to elect a new managing committee for the Primary Bank was notified, the same was subsequently cancelled. Apprehending that for one reason or the other, the elections to the managing committee of the Primary Bank will not be held before 13-04-2023, W.P (C) Nos.9342/2023, 9772/2023 and 9980/2023 were filed before this Court. By an interim order dated 13-04-2023 (Ext.P5), and for reasons indicated in that order, this Court had directed the constitution of an administrative committee consisting of the President, Vice President and another member of the then Managing Committee of the Primary Bank as its members. On 17-04-2023, in furtherance of the said order of this court, an administrative committee consisting of the President and Vice President (the petitioner herein) and the 2nd respondent in this writ petition was constituted by the Joint Registrar of Co-operative Societies (General), Thiruvananthapuram. The 2nd respondent was also appointed as the Convener of the administrative committee.

2. The Primary Bank is a member of the Kerala State Co-operative Agricultural and Rural Development Bank Ltd. (hereinafter also referred to as the 'Apex Bank') and is, as such, entitled to nominate a delegate to the elections to be held to the Managing Committee/Board of Directors of the Apex Bank. The delegate of the Primary Bank could also contest in the election to the Managing Committee/Board of Directors of the Apex Bank. Following the constitution of the administrative committee in terms of Ext.P6 order, the said committee took charge on 18-04-2023, as is evident from Ext.P7. On 19-04-2023, the Secretary of the Primary Bank called for a meeting of the Administrative Committee to be held on 25-04-2023 at 10 a.m. in the bank's Board room at Neyyattinkara. The agenda for the meeting, as can be seen from Ext.P1, were the following:-

(i) Prayer.

(ii) Loan disbursal and status of dues.

On 25-04-2023, the members constituting the administrative committee other than the Convener met and Ext.P9 minutes were drawn up. Ext.P9 records that the former President of the Primary Bank (who was also one of the administrative committee members) would be the Chairman of the meeting. In that meeting, one of the decisions was to nominate the petitioner as the delegate to the elections to the Managing Committee/Board of Directors of the Apex Bank scheduled on 15-05-2023. It appears that the 2nd respondent (Convener of the administrative committee) filed a complaint before the Assistant Registrar of Co-operative Societies (Neyyattinkara), which is on record as Ext.R2 (a), pointing out that the meeting held on 25-04-2023 in his absence is illegal, and the resolutions taken thereon must be rescinded. Acting on Ext.R2 (a), which was submitted on 25-04-2023, the Joint Registrar of Co-operative Societies (General), Thiruvananthapuram, issued Ext.P13 order in exercise of jurisdiction under Rule 176 of the Kerala Cooperative Societies Rules, 1969 (hereinafter referred to as 'the 1969 Rules' for short) rescinding all the decisions taken in the meeting of the administrative committee held on 25-04-2023. This 0rder (Ext.P.13) is under challenge in W.P (C) No.15113/2023. The rejection of