IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE SATHISH NINAN WEDNESDAY, THE 23^RD DAY OF FEBRUARY 2022/4TH PHALGUNA, 1943 WP(C) NO. 5667 OF 2022 PETITIONER:

V.D.JOSEPH,AGED 65 YEARS,S/O DEVASSIA, VALIYAMATTAM, MURANPATHY.P.O,KODANCHERRY,KOZHIKODE-673580.

BY ADVS.P.P.JACOB MARIYAM JACOB RESPONDENTS:

1 THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL),KOZHIKODE, OFFICE OF THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES(G), PUTHIYARA, KOZHIKODE-673604.

2 THE PRESIDING OFFICER/KUNNAMANGALAM UNIT INSPECTOR, OFFICE OF THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES,KOZHIKODE-673573.

3 ROY ROSE,COMMITTEE MEMBER, KOZHIKODE DISTRICT CO-

OPERATIVE RUBBER MARKETING SOCIETY LTD.NO.F 1879, P B NO.161, CHEROOTTY ROAD, KOZHIKODE-673001.

4 THE KOZHIKODE DISTRICT CO-OPERATIVE RUBBER MARKETING SOCIETY LTD.NO.F 1879,P.B.NO.161, CHEROOTTY ROAD, KOZHIKODE-673001,REPRESENTED BY ITS MANAGING DIRECTOR.

5 THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL),KOZHIKODE, PUTHIYARA, KOZHIKODE-673604.

6 THE DEPUTY DIRECTOR, P&PD, RUBBER BOARD, RAILWAY STATION MAIN CENTRAL BOARD, KEEZHUKUNNU, KOTTAYAM 686002.

7 THE GENERAL MANAGER,REGIONAL OFFICE, KERALA BANK, KALLAYI ROAD, KOZHIKODE-673001.

BY ADV P.C.SASIDHARAN SR.G.P SMT. RESMI. K.M THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23.02.2022, ALONG WITH WP(C).3842/2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE SATHISH NINAN WEDNESDAY, THE 23^RD DAY OF FEBRUARY 2022/4TH PHALGUNA, 1943 WP(C) NO. 3842 OF 2022 PETITIONERS:

1 ANU THOMAS,AGED 44 YEARS,S/O. THOMAS, KADUKANMAKKAL HOUSE, KALLANODE P. O., KOORACHUNDU, KOZHIKODE-673 615.

2 BIJU VARGHESE,S/O. VARGHESE, PURAYIDATHIL HOUSE, THIRUVAMBADY P. O., KOZHIKODE - 673 603.

BY ADVS.P.P.JACOB MARIYA TITTY RESPONDENTS:

1 THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (G)

KOZHIKODE, OFFICE OF THE JOINT REGISTRAR OF CO-

OPERATIVE SOCIETIES(G),PUTHIYARA, KOZHIKODE - 673 604. 2 THE PRESIDING OFFICER / KUNNAMANGALAM UNIT INSPECTOR OFFICE OF THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES, KOZHIKODE - 673 573.

3 ROY JOSE, COMMITTEE MEMBER,KOZHIKODE DISTRICT CO-

OPERATIVE RUBBER, MARKETING SOCIETY LTD. NO.F 1879, P.

B. NO.161, CHEROOTY ROAD, KOZHIKODE - 673 001.

4 THE KOZHIKODE DISTRICT CO-OPERATIVE RUBBER MARKETING SOCIETY LTD. NO.F 1879, P. B. NO.161, CHEROOTY ROAD, KOZHIKODE-673 001,REPRESENTED BY ITS MANAGING DIRECTOR.

5 THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (G)

KOZHIKODE, PUTHIYARA, KOZHIKODE - 673 604.

6 THE DEPUTY DIRECTOR,P&PD, RUBBER BOARD, RAILWAY STATION MAIN CENTRAL BOARD, KEEZHUKUNNU, KOTTAYAM - 686 002. 7 THE GENERAL MANAGER,REGIONAL OFFICE, KERALA BANK, KALLAYI ROAD, KOZHIKODE - 673 001.

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23.02.2022, ALONG WITH WP(C).5667/2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

JUDGMENT

The challenge in these writ petitions is against the motion of no confidence against the President of the Kozhikode District Co-operative Rubber Marketing Society Ltd. W.P(C) No.3842 of 2022 was filed challenging the convening of the meeting for consideration of the motion, whereas W.P(C) No.5667 of 2022 is filed challenging the result of the motion. The grounds of challenge are similar.

2. Heard Sri. P.P Jacob learned counsel for the petitioners, Sri.Abraham Markose learned counsel for 6^th respondent, Sri.P.C.Sasidharan learned counsel for 7^th respondent and Sri.Bimal K Nath and Smt.Resmi.K.M., the learned senior Government Pleaders.

3. Following grounds of challenge are urged:

(1) The ex-officio members have not been ‘appointed’ without which they cannot be members of the committee.

(2) The ex-officio members do not have the right to participate in the meeting of no confidence.

(3) The ex-officio members do not have the right to vote.

(4) The ex-officio members have incurred disqualification to be members consequent on their absence from four consecutive meetings of the committee, in terms of clause 6.02 of t