IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN MONDAY, THE 3^RD DAY OF FEBRUARY 2025 / 14TH MAGHA, 1946 WP(C) NO. 3444 OF 2025 PETITIONER/S:

ABDUL NAZAR C.P.

AGED 53 YEARS S/O. MUHAMMED CHUNDAMPATTA, ALIPARAMBA, THOOTHA, PERINTHALMANNA TALUK, MALAPPURAM DISTRICT, PIN -

679357 BY ADVS.

E.C.AHAMED FAZIL K.M.FIROZ RESPONDENT/S:

1 THE REGISTRAR OF CO-OPERATIVE SOCIETIES OFFICE OF THE CO-OPERATIVE SOCITIES, JAWAHAR SHANKARA BHAWAN, THYCADU POST, THIRUVANANTHAPURAM ,, PIN - 695014

2 THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES MALAPPURAM CIVIL STATION, MALAPPURAM, PIN -

676505

3 THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES, PERINTHALMANNA MINI CIVIL STATION, PATTAMBI ROAD, PERINTHALMANNA, MALAPPURAM DISTRICT, PIN - 679321

4 THE ANAMANGAD SERVICE CO-OPERATIVE BANK LTD ANAMANGAD POST, MALAPPURAM DISTRICT , REPRESTNED BY ITS SECRETARY, PIN - 679357

5 ABDUL RAFEEQUE C.K S/O. MOHAMMED ALIAS VAPPUTTY, CHIRAKKATTIL HOUSE, CHETHANAMKURUSSI, ANAMANGAD POST, PERINTHALMANNA TALUK, MALAPPURAM DISTRICT, PIN - 679357 BY ADV P.C SASIDHARAN, SC FOR R5 SRI. U.K.DEVIDAS, SC FOR R4 SMT. SHEEJA C.S., SR.GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03.02.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

JUDGMENT

The petitioner is a member of the 4^th respondent society.

According to the petitioner, Ext.P3 representation submitted by him for a declaration that the 5^th respondent has seized to be a member of the Managing Committee of the 4^th respondent Society for his disqualification under Rule 44 (1) (c) of the Kerala Co-operative Societies Rules (for short “the Rules”) is pending consideration before the 2^nd respondent. The limited prayer of the petitioner is for a direction to the 2^nd respondent to pass appropriate orders on Ext.P3 in terms of Rule 44 (3) of the Rules.

2. Heard Sri. K.M. Firoz, learned counsel for the petitioner, Sri. P.C. Sasidharan, learned counsel for the 5^th respondent, Sri. U.K. Devidas, learned counsel for the 4^th respondent and the learned Senior Government Pleader.

3. In the facts and circumstances of the case and having regard to the submissions made across the Bar, there will be a direction to the 2^nd respondent to take up Ext.P3 for consideration and pass appropriate orders in accordance with law, after hearing the petitioner and respondents 4 and 5, within a period of one month from the date of receipt of a copy of this judgment. It is made clear that the direction contained in this judgment shall not be treated as an interdiction to the election process which has already commenced. It is also made clear that this Court has not expressed any opinion as to the merits of Ext.P3 and all contentions of the parties are left open.

The writ petition is disposed of accordingly.

Sd/-

MURALI PURUSHOTHAMAN JUDGE uu APPENDIX OF WP(C) 3444/2025 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE CASH CREDIT LOAN ACCOUNT DETAILS OF RESPONDENT NO. 5 DATED (GENERATED) 19.12.2024 Exhibit P2 TRUE COPY OF THE ACKNOWLEDGMENT CARD DATED 30.05.2024 WITH RESPECT TO LOAN ACCOUNT NO. 6079 OF ANAMANGAD SERVICE CO-OPERATIVE BANK LTD. ALONG WITH LEGIBLE TYPED COPY Exhibit P3 TRUE COPY OF THE REPRESENTATION DATED

20.12.2024 SUBMITTED BY PETITIONER BEFORE THE REGISTRAR OF CO-OPERATIVE SOCIETIES Exhibit P4 TRUE COPY OF THE NOTICE OF NO-

CONFIDENCE MOTION ADDRESSED TO PETITIONER FROM ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES, PERINTHALMANNA DATED 16.12.2024 Exhibit P5 TRUE COPY OF ORDER DATED 13.12.2024 ISSUED BY JOINT REGISTRAR OF CO-

OPERATIVE SOCIETIES, MALAPPURAM LEADING TO EXHIBIT P4 NOTICE Exhibit P6 TRUE COPY OF CERTIFICATE DATED

28.12.2024 ISSUED TO RESPONDENT NO. 5 FROM THE ANAMANGAD SERVICE CO-OPERATIVE BANK LTD.

Exhibit P7 TRUE COPY OF ORDER DATED 03.01.2025 IN W.P. (C) NO. 46471 OF 2024 PASSED BY HIGH COURT OF KERALA Exhibit P8 TRUE COPY OF JUDGMENT DATED 15.01.2025 IN W.P. (C) NO. 46471 OF 2024 PASSED BY HIGH COURT OF KERALA