IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS &
THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN WEDNESDAY, THE 15TH DAY OF JUNE 2022 / 25TH JYAISHTA, 1944 WA NO. 1580 OF 2021 AGAINST THE JUDGMENT DATED 25.11.2021 IN WP(C) 26633/2021 OF HIGH COURT OF KERALA APPELLANT/S:
1 BOBAN JACOB AGED 62 YEARS S/O.JACOB, PRESIDENT, MANAGING COMMITTEE, THE POTHANIKKAD FARMERS' CO-OPERATIVE BANK, POTHANIKKAD P.O., ERNAKULAM DISTRICT, PIN CODE - 686 671, RESIDING AT KALLUNGAL HOUSE, PALLARIMANGALAM P.O., KOTHAMANGALAM, ERNAKULAM DISTRICT.
2 THE POTHANIKKAD FARMERS' CO-OPERATIVE BANK POTHANIKKAD P.O., ERNAKULAM DISTRICT, PIN CODE - 686 671, REPRESENTED BY THE MANAGING DIRECTOR.
BY ADVS.
GEORGE POONTHOTTAM (SR.)
NISHA GEORGE ARUN CHANDRAN RESPONDENT:
THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL), OFFICE OF THE JOINT REGISTRAR OF COOPERATIVE SOCIETIES (GENERAL), CIVIL STATION, ERNAKULAM, PIN CODE - 682 030.
SRI T.K.VIPINDAS-SR.GP THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 15.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
ALEXANDER THOMAS & SHOBA ANNAMMA EAPEN, JJ.
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WA No.1580 of 2021 (arising out of the judgment dated 25.11.2021 passed by the learned Single Judge in WP(C)
No.26633/2021)
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Dated this the 15th day of June, 2022
J U D G M E N T
ALEXANDER THOMAS, J.
The instant writ appeal is directed against the impugned judgment dated 25.11.2021 rendered by the learned Single Judge dismissing the instant Writ Petition (Civil) WP(C) No.26633/2021. The appellants herein are the petitioners in the WP(C) and the sole respondent herein is the sole respondent in the WP(C).
2. Heard Sri.George Poonthottam, learned Senior Counsel instructed by Sri.Arun Chandran, learned Counsel appearing for the appellants in the WA and Sri.T.K.Vipindas, learned Senior Government Pleader for the respondent in the WA. The prayers in the instant Writ Petition (Civil) WP(C) No.26633/2021 are as follows:
(i) Issue a writ of certiorari calling for the records leading to Ext.P7 and to quash the same, as the exercise of power is ex-facie arbitrary.
(ii) Issue a writ declaring that the time bound program envisaged, as is evident from the date of hearing viz. 24.11.2021, and 25.11.2021 given to 1887 members is only an empty formality, as it is humanly impossible for any authority to hear such of those persons in a fair manner within 48 hours, out of a maximum of 16 hours is available as working hours.
(iii) Issue a writ in the nature of mandamus directing the respondent to grant time for providing the details and to given fair opportunity of hearing to the members before any decision is taken following Ext.P7 and P10.
(iv) Grant such other reliefs as this Court deems fit in the facts and circumstances of the case.
3. The learned Single Judge after hearing both sides has rendered the impugned judgment on 25.11.2021 dismissing the WP(C). Aggrieved thereby, the above writ appeal has been filed by the petitioners in the WP(C) on 26.11.2021. The order under challenge in the above writ proceedings is Ext.P7 showcause notice, issued by the respondent Joint Registrar of Co-operative Societies, wherein, it was directed that explanation should be given as to why the 1887 members of the 2nd appellant co-operative society concerned should not be deleted from the membership roll of the said society etc. The writ petition was filed on 24.11.2021. The case of the petitioners is that the abovesaid action as per Ext.P7 notice dated 22.11.2021 is illegal and malafide and was done just on the eve of the election to the Managing Committee of the 2nd appellant society in order to illegally remove the 1887 members of the 2nd appellant society etc. Further that the election to the Managing Committee of the 2nd appellant society was duly conducted on 19.12.2021. The above writ appeal which was filed on 26.11.2021 had come up for consideration before the appellate Bench on 26.11.2021. One of the grounds urged in the writ proceedings and the appeal is that Ext.P7 notice is illegal for reasons more than one and that in Ext.P7 notice issued on 22.11.2021, it is stated that the hearing is proposed to be conducted on 24.11.2021 and 25.11.2021, to decide on the issue as to whether or not 1887 members mentioned therein should be removed from the membership roll etc. That this was done with the malicious motive to tilt the election process which was scheduled to be held on 19.12.2021 and that the extremely short time granted in Ext.P7 is a clear indication that the respondent officer has proceeded with a predetermined mind and even hearing was scheduled in the matter even before service of notice to 1887 affected members. We are now apprised that the election to the society has been conducted on 19.12.2021. Further we are also apprised by both sides that the matter in Ext.P7 showcause notice dated 22.11.2021 has fructified into a final order issued by the respondent Joint Registrar on 25.11.2021, whereby, the large majority of the 1887 members shown in Ext.P7 have been denuded of their membership of the Society. After hearing both sides, we note that the order under challenge in the present proceedings is the one at Ext.P7 which is a notice and the same has been finalized into an order issued on 25.11.2021 and the said f
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