A member's disqualification in a cooperative society requires adherence to statutory procedures, and automatic cessation based on internal byelaws is not sufficient.

Muralee Krishna S., J.

The petitioners in W.P.(C)No.27588 of 2025 filed this writ appeal under Section 5(i) of the Kerala High Court Act, 1958, challenging the judgment dated 31.10.2025 passed by the learned Single Judge in that writ petition.

2. The appellants are a Co-operative Society and its Board of Directors. The 1^st respondent is one of the directors of the 1^st appellant Board. According to the appellants, the 1^st respondent did not attend three consecutive meetings of the Managing Committee that took place on 06.01.2025, 16.01.2025 and 30.01.2025, without any reason. Since, as per Sub-Clause (6) and (7) of Clause 17 of Ext.P1 byelaws of the Society, a committee member who abstained from three consecutive meetings would lose his membership in the committee, the Board of Directors proceeded against the 1^st respondent to remove him from the committee. Accordingly, a sub-committee report was also taken with respect to the activities of the 1^st respondent and the said report dated 07.02.2025, is produced as Ext.P11 in the writ petition. The Board of Directors then decided to remove the 1^st respondent from the Board by way of Ext.P11(a) resolution dated

07.02.2025, and intimated the same to the 3^rd respondent Joint Registrar of Co-operative Societies for the final order/declaration as provided under Rule 44(3) of the Kerala Co-operative Societies Rules 1969, by Ext.P12 request dated 15.02.2025.

2.1 In the writ petition, the appellants further plead that by way of Ext.P8 resolution dated 13.06.2024, it was resolved that notice of the committee meeting can also be circulated/informed through the WhatsApp group. For the purpose of convening the meeting, all the members of the Board of Directors were properly intimated, thereby serving the agenda by putting up in the WhatsApp group. The Board of Directors, before initiating proceedings against the 1^st respondent, had also sought an explanation from the staff of the Society who had served notice of the meeting to the 1^st respondent. The explanation, submitted by the staff concerned on 31.01.2025, is produced as Ext.P9 in the writ petition. That explanation was accepted by the Board of Directors by way of Ext.P10 resolution dated 07.02.2025.

2.2. It is the further case of the appellants that earlier the notice period for convening the committee meetings as provided in Ext.P1 byelaws was five days. The said stipulation was amended by way of a general body meeting dated 18.12.2023, which is produced as Ext.P13 in the writ petition, thereby the notice period was reduced to three days. The relevant pages of the minutes of the general body meeting dated 18.12.2023 are produced as Ext.P13(a) in the writ petition. The General Body resolution was thereafter forwarded to the 3^rd respondent, Joint Registrar, for registration as early as in January 2024. The same was again sent to the 3^rd respondent through the ICDMS portal during January 2025 also. However, the 3^rd respondent did not choose to register the amendment.

2.3. The appellants further state that after the decision by the general body, the Managing Committee meetings were being convened by giving notice of three days, which was followed as a practice since January 2024. The 1^st respondent also participated in such meetings without any demur. While Ext.P12 request, along with Ext.P11(a) resolution was pending consideration of the 3^rd respondent, the 1^st respondent preferred a complaint against the resolution before the 3^rd respondent. Thereafter, the 2^nd respondent, the Assistant Registrar of Co-operative Societies, presumably on instructions of the 3^rd respondent, issued Ext.P18 intimation dated 11.03.2025, raising certain queries from the a