J U D G M E N T

Alexander Thomas, J.

These appeals arising out of impugned judgment rendered by the learned Single Judge on in common judgment dated 23.02.2022 in WP(C) Nos.2969/2022 and 3136/2022.

2. Heard Sri.K.T.Thomas, learned Counsel appearing for the appellants in Writ Appeal No.303/2022 arising out of WP(C) No.2969/2022 and Sri.Liji.J Vadakedom, learned Counsel appearing for the appellants in WA No.305/2022 arising out of WP(C) No.3136/2022 and Sri.T.K.Vipindas, learned Senior Government Pleader appearing for the official respondents in these appeals. Since respondent Co-operative Society had not entered appearance at the WP(C) stage, notice to that party will stand dispensed with. The essential challenge made in these writ proceedings is against the notice dated 17.01.2022 (produced as Ext.P12 in WP(C) No.2969/2022 and as Ext.P10 in WP(C) No.3136/2022) issued by the 2nd Respondent Joint Registrar of Co-operative Societies, whereby it has been proposed to take action in terms of Section 32 of the Kerala Co-operative Societies Act for the supersession of the Managing Committee of the Co-operative Society concerned. Incidentally, a challenge is also made as against the Enquiry Report dated 29.11.2021, issued by the respondent Unit Inspector concerned, under Section 66 read with Rule 66 in WP(C) No. 2969/2022, wherein copy of the said Enquiry report has been produced as Ext.P10.

3. The learned Single Judge after hearing both sides has rendered the impugned judgment on 23.01.2022, disposing of both the WP(C)s ordering that since the order under challenge is only a showcause notice under Section 32, it is for the respondent Joint Registrar to proceed further in the matter in accordance with law and all contentions available to the writ petitioners are kept open to be raised before the respondent Joint Registrar in the said proceedings. We are now told that in view of the subsequent conduct of elections by the Managing Committee, the term of Managing Committee which was in power at the time of issuance of the showcause notice and the initiation of writ proceedings, is over and the newly elected Managing Committee has taken charge on 05.06.2022. The Full Bench of this Court in the decision in Anil M.S Vs. Joint Registrar (General) of Co-operative Societies, Thiruvananthapuram, [2021 (4) KHC 119] (FB) has held in sub paragraph 2 of paragraph 25 thereof that Matsyafed's case, (The Administrator, Kerala State Co-operative Federation for Fisheries Development Ltd (Matsyafed Vs. Board of Directors) in WA No.1936/2011), is no more good law to be followed as a precedent. Further that when the Managing Committee of the Society is not actually existing, the fact that the proceedings initiated against it under Section 32 of the KCS Act for supersession, but could not be completed due to expiry of the prescribed term of the Committee, is no ground to permit continuation of such proceedings for supersession against a non- existent Committee even for the limited purpose of conducting it notionally and subject to its outcome to impose constitutional disqualifications under Section 32(1)(e) of the KCS Act. It was held by the Full Bench therein that even in a case where, on initiation proceedings for supersession, an order of supersession was passed and an Administrator for Administrative Committee was appointed, once the order of supersession is successfully challenged and in the meanwhile, the prescribed term of the Managing Committee got elapsed, the proceedings for supersession under Section 13(2) to remove the Committee would not survive thereafter and that in other words, it would get abated. It will be profitable to refer to paragraph No.25 of the decision of the Full Bench of this Court in M.S.Anil's case (supra) [2021 (4) KHC 119] (FB) p.142-143, which reads as follows:

“25. When applying the aforesaid principles a decision in futile exercise of jurisdiction by Tribunals warrants interference, we have no hesitation to hold that this Co