The court establishes that the removal of a co-opted member from a cooperative society must adhere to Rule 43-A, failing which any subsequent actions are void.

JUDGMENT :

K. Babu, J.

These Writ Petitions are disposed of by way of a common judgment, as the subject matter is the same. The petitioner in W.P(C) No.46208/2024 is respondent No.2 in W.P(C) No.24928/2025. Respondent No.3 in W.P(C) No.46208/2024 is petitioner No.1 in W.P(C) No.24928/2025. Respondent No.5 in W.P(C) No.46208/2024 is petitioner No.2 in W.P(C) No.24928/2025. Respondent No.2 in W.P(C) No.46208/2024 is respondent No.1 in W.P(C) No.24928/2025.

2. In W.P(C) No.24928/2025, the petitioners seek the following reliefs:

“i. Issue a writ of certiorari to call for the records leading up to Exhibit P14 and to quash the same;

ii. Issue a writ declaring that the proceeding in its entirety is an abuse of the process of law and therefore vitiated;

iii. Issue a writ declaring that the exercise of power by the 1^st respondent in rescinding the resolution adopted to  recall a co-opted member by the very same body is beyond the powers conferred on the 1^st respondent under Rule 176 of the Kerala Co-operative Societies Rules and therefore Exhibit-P14 is bad in law;

iv. Dispense with filing of the English translation of vernacular documents; and

v. grant such other reliefs as this Court deems fit in the facts and circumstances of the case.”

3. In W.P(C) No.46208/2025, the petitioner seeks the following reliefs:

“i) To declare that the appointment of the 5^th respondent to the post of Professional Director is unjust, illegal and arbitrary.

ii) To declare that the petitioner is entitled to be restored to the post of Professional Director subject to the decision taken in Ext.P4.

iii) To issue a writ of mandamus directing the respondents to restore the petitioner to the post of Professional Director subject to the decision taken in Ext.P4.

iv) To issue a writ of mandamus directing the 2^nd respondent to take a decision on Ext.P8, while considering Ext.P4, and to keep in abeyance all further actions pursuant to the order of appointment of the 5^th respondent as Professional Director of the Indira Gandhi Co-operative Hospital, Thiruvangad.

v) To declare that the appointment of the 5^th respondent as Professional Director shall be kept in abeyance till the 2^nd respondent takes a decision on Exts.P4 and P8.

vi) To issue such other orders, directions or writs as may be prayed for and that this Hon’ble Court may deem fit under the facts and circumstances of the Case.

vii) To dispense with filing of the translation of vernacular documents.”

4. W.P(C) No.24928/2025 is taken as the lead case. 

5. Petitioner No.1 is a Hospital Society functioning at Thalassery in Kannur District. The election to the Board of Directors of the Society was held on 05.12.2021. After the election, the present managing committee assumed office.

6. The managing committee had co-opted respondent No.2 under Section 28 (1G) of the Kerala Co-operative Societies Act, 1969 (hereinafter referred to as 'the Act') on 30.03.2022. The meeting of the Board of Directors convened on 10.10.2024 unanimously decided to withdraw respondent No.2 from the Board of Directors of the Society. On 29.11.2024, the managing committee decided to co-opt petitioner No.2. The Joint Registrar of Co-operative Societies (Respondent No.1) issued Exhibit P4 notice on 24.12.2024 to the committee, seeking an explanation regarding the removal of respondent No.2 from the Board of Directors of the society and the co-option of petitioner No.2. The managing committee issued Exhibit P5 reply to the said notice. The Joint Registrar, on 13.01.2025, passed Ext.P6 order (order No.2204/2024/VCG/K.dis) rescinding the decision of the Board of Directors dated 10.10.2024 invoking jurisdic