HIGH COURT OF KERALA
SUNIL THOMAS, J
N A GEORGE – Appellant
Versus
NARAKKAL SERVICE CO-OPERATIVE BANK LTD. NO.E-91, – Respondent
WP(C)/5498/2021
Co-operative - Governance - Representation and Minutes Issue - Petitioners sought intervention regarding irregularities in board minutes, leading to court directing appropriate action on representations.
Fact of the Case:
The petitioners, committee members of a co-operative bank, alleged that board meeting minutes were not prepared correctly and were pressured to sign them without review. They raised these concerns to authorities but received no response.
Issues: Whether the authorities failed to address the representations made by the petitioners regarding irregularities in the co-operative bank's proceedings.
Ratio Decidendi: The decision emphasized the importance of addressing governance issues raised by committee members in co-operatives and ensuring legal protocols are followed in meeting documentation.
Final Decision: The court directed the authority to act on the petitioners' representations within four weeks.
JUDGMENT
Dated this the 29th day of March 2021 The petitioners are the present committee members in the first respondent Co-operative Bank. They took charge in 2017 and has been continuing for the past five years. Since last April, 2020 they have been raising objections regarding the alleged irregularities committed by the President. Representations were given to appropriate authorities. It is contended that during the past Board Meetings various resolutions were taken, but the minutes were not prepared strictly in accordance with the deliberations and decisions taken. They were directed to sign the minutes without reading it. Hence, the petitioners abstained from signing the minutes since April, 2020.
2. The grievance of the petitioners is that though they have submitted Ext.P1, Ext.P2, Ext.P3 and Ext.P5 representations before the Joint Registrar, no action has been taken on it. Vehemently opposing the above representations, the learned Counsel for the bank contended that the petitioners used to participate in the meeting and sign the attendance register. However, after reading out the minutes for the benefit of all members by the Secretary, the petitioners refused to sign it on a specific allegation that they have to read it by themselves. This is not permitted since the bank apprehends that they may tamper with the records.
3. After hearing learned Counsel for the petitioner, the learned Counsel for the first respondent and learned Senior Government Pleader, I am inclined to direct the second respondent to consider Ext.P1, Ext.P2, Ext.P3 and Ext.P5 representations and to pass appropriate order strictly in accordance with law within a period of four weeks from the date of receipt of a copy of this judgment.
The writ petition is disposed of.
Sd/-
SUNIL THOMAS JUDGE
APPENDIX PETITIONERS EXHIBITS:
EXHIBIT P1 TRUE PHOTO COPY OF THE REPRESENTATION DATED
19.3.2020 SUBMITTED BY THE 1ST PETITIONER TO THE 2ND RESPONDENT.
EXHIBIT P2 TRUE PHOTO COPY OF THE REPRESENTATION DATED
21.7.2020 SENT BY THE 1ST PETITIONER TO THE
2ND RESPONDENT UNDER REGISTERED POST.
EXHIBIT P3 TRUE PHOTO COPY OF THE REPRESENTATION DATED
21.7.2020 SENT BY THE 1ST PETITIONER TO THE
2ND RESPONDENT UNDER REGISTERED POST.
EXHIBIT P4 TRUE PHOTO COPY OF THE POSTAL RECEIPTS FOR HAVING SENT EXT.P2 AND P3 TO THE 2ND RESPONDENT UNDER REGISTERED POST.
EXHIBIT P5 TRUE PHOTO COPY OF THE REPRESENTATION DATED
21.7.2020 SUBMITTED BY THE 2ND PETITIONER TO THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES (G), FORT KOCHI AND RECEIVED BY HIM ON 21.7.2020.
EXHIBIT P6 TRUE PHOTO COPY OF THE COMMUNICATION DATED
26.2.2021 RECEIVED BY THE 1ST PETITIONER ALONG WITH THE COMMUNICATION OF THE CONCURRENT AUDITOR OF THE BANK.
EXHIBIT P7 TRUE PHOTO COPY OF THE COMMUNICATION DATED
26.2.2021 RECEIVED BY THE 2ND PETITIONER ALONG WITH THE COMMUNICATION OF THE CONCURRENT AUDITOR OF THE BANK.
RESPONDENTS'S EXHIBITS:NIL
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