Upon supersession of a cooperative bank's managing committee, members face disqualification from contesting elections if they have served consecutive terms, rendering subsequent relief actions infructuous.

JUDGMENT

The petitioner is the former president of the Managing Committee of the Kudayathoor Service Co-operative Bank Limited No.3316 (hereinafter referred to as ‘the Bank’). The challenge in this writ petition is to an order dated 29.12.2022 (Exhibit P12) under Section 32 (1) of the Kerala Co-operative Societies Act, 1969 (hereinafter referred to as ‘the Act’), superseding the elected Managing Committee of the Bank. It is not disputed before me that the Managing Committee, which was superseded by Exhibit P12 order dated 29.12.2022, assumed office on 25.03.2018 and its normal term would have been complete in terms of the provisions contained in Section

28 of the Act by 24.03.2023.

2. This Court admitted this writ petition on

17.01.2023 and directed that the status quo, as on that date, shall be maintained with respect to the administration of the society.

3. It appears that one Joseph N.J, an ‘A’ Class member of the Bank filed W.P.(C) No. 32113 of 2024 before this Court, taking up a contention that following supersession of the elected Managing Committee, the Administrator appointed by the Department has been continuing in the administration of the Bank. It was contented that in view of the amendments to Section 32 of the Act, members of the Bank ought to have been appointed as an Administrative Committee. This Court disposed of that writ petition directing the Joint Registrar (General) concerned to consider the representation submitted in this regard, and also made it clear that the interim order in this writ petition will not stand in the way of such representation being considered by the Joint Registrar.

4. The petitioner herein filed W.A. No.1514 of 2024 challenging the judgment in W.P.(C) No. 32113 of 2024, and by order dated 24.09.2024, the direction issued by this Court in W.P.(C) No.32113 of 2024 was stayed by the Division Bench. As a result of the interim order of stay in W.A. No.1514 of 2024, the Administrator/Part-Time Administrator appointed by the Department is continuing with the day- today management of the Bank.

5. When this matter came up for consideration on

13.03.2025, this Court passed the following order:-

“The petitioner was a member of the managing committee of the Kudayathoor Service Co-operative Bank Limited, Thodupuzha, Idukki which was superseded by the 1st respondent Joint Registrar by Ext.P12 order dated 29.12.2022 in exercise of the powers under Section 32 of the Kerala Cooperative Societies Act, 1969. Challenging the order of supersession, this writ petition is filed.

2. This Court, by order dated 17.01.2023, ordered that status quo with respect to the administration of the Society as on the said date shall be continued.

3. It is submitted by the learned counsel on both sides that the order of status quo passed by this Court on 17.01.2023 may be modified to facilitate conduct of election to the managing committee of the Society.

4. Accordingly, the order of status quo passed by this Court on 17.01.2023 is modified directing the Administrator to take steps to conduct election in terms of Rule 35A of the Kerala Co-operative Societies Rules, 1969.

The status quo order modified as above, will continue until further orders.’’

However, the Administrator has not so far passed any resolution for holding elections to the Managing Committee of the Bank.

6. Sri. George Poonthottam, the learned Senior Counsel appearing for the petitioner, on instructions of Adv.Nisha George submitted that the whole attempt to appoint an Administrative Committee, pending the disposal of this writ petition, cannot be sustained in law. It is submitted that, behind the back of the petitioner, W.P.(C) No.32113 of 2024 was filed seeking the appointment of an Administrative Committee. It is submitted that, while elections have to be held for the Manag