IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT :

THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR &

THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN FRIDAY, THE 18TH APRIL 2008 / 29TH CHAITHRA 1930 WP(C).No. 37452 of 2007(H)

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PETITIONER:

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K.J.PHILIP,KUZHIKULAM HOUSE VALAVOOR-PO, PALA, KOTTAYAM DISTRICT PRESIDENT, BOARD OF DIRECTORS KOTTAYAM DISTRICT CO-OPERATIVE BANK LTD, KOTTAYAM.

BY ADV. SRI.GEORGE POONTHOTTAM RESPONDENTS:

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1. STATE OF KERALA REPRESENTED BY THE CHIEF SECRETARY, GOVERNMENT SECRETARIAT THIRUVANANTHAPURAM.

2. THE REGISTRAR OF CO-OPERATIVE SOCIETIES THIRUVANANTHAPURAM.

3. THE PART TIME ADMINISTRATOR (THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES KOTTAYAM), KOTTAYAM DISTRICT CO-OPERATIVE BANK LTD KOTTAYAM.

BY SRI.K.K.RAVINDRANATH, SPL.G.P & L.O..

THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08/04/2008 ALONG WITH WPC NO. 37728 OF 2007 & CONNECTED CASES, THE COURT ON 18/04/2008 DELIVERED THE FOLLOWING:

WPC 37452/2007 APPENDIX PETITIONER'S EXTS.

EXT.P1 - TRUE COPY OF THE ORDER NO.C,B.(3) 59238/2007 DATED 13.12.2007.

EXT.P2 - TRUE COPY OF THE ORDINANCE NO.62 OF 2007 THROUGH NOTIFICATION DATED

11TH DECEMBER, 2007.

EXT.P3 - TRUE COPY OF THE BUSINESS TRANSACTION OF THE KOTTAYAM DISTRICT CO-

OPERATIVE BANK FROM 1996-97 TILL 2006-07.

RESPONDENTS' EXTS.

EXT.R1(a) – TRUE COPY OF THE COMPARATIVE TABULATED CHART SHOWING THE DETAILS OF THE MEMBERSHIP OF THE PRIMARY AGRICULTURAL CREDIT SOCIETIES AND OTHER PRIMARY SOCIETIES OF THE 14 DISTRICTS IN THE STATE WITH THEIR RESPECTIVE DISTRICT CO-OPERATIVE BANKS.

/TRUE COPY/

K.BALAKRISHNAN NAIR &

P.N.RAVINDRAN, JJ.

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W.P.(C) NOS. 37452, 37728, 37806, 38292 & 38293/2007 AND

1449, 1459, 1484, 2307, 2308, 2584

2733/2008 -----------------------------------------

Dated 18th April, 2008.

JUDGMENT Balakrishnan Nair, J.

In all these cases, the constitutional validity of Ordinance No.62/2007, promulgated by the Governor of Kerala, is mainly challenged by the petitioners. Therefore, they are heard and disposed of by this common judgment.

W.P.(C) No.37452/2007:

2. This writ petition is treated as the main case for the purpose of referring to the exhibits.

3. The brief facts of the case are the following: The writ petitioner is the President of the Kottayam District Co-operative Bank Ltd., which is a Central Society as defined under Section 2(d) of the Kerala Co-operative Societies Act (hereinafter referred as the “KCS Act”). The District Co- operative Banks, including the petitioner's Bank are hereinafter mentioned WPC 37452/07 ETC. 2 for convenience as DCB. The petitioner is the delegate of Valavoor Service Co-operative Bank Ltd., to the general body of the DCB. The election to the Managing Committee of the DCB was held about five years back and the present Committee assumed office on 4.5.2003. The members of the Board of Directors of the DCB were elected for a period of five years. While so, the Registrar of Co-operative Societies by Ext.P1 proceedings dated 13.12.2007, appointed the Joint Registrar of Co-operative Societies (General), Kottayam as the Part-time Administrator of the DCB, under Section 33(1) of the KCS Act. The said order was passed based on the finding that in view of Ordinance No.62/2007, some of the members of the Board of Directors ceased to be its members and the remaining members cannot constitute the quorum for the Board. The Ordinance relied on by the Registrar in Ext.P1 is Ext.P2 dated 11.12.2007. According to the petitioner, the provisions of Ext.P2 amendment are ultra vires and unconstitutional and therefore, unenforceable. As a result of the Ordinance, majority of the members of the DCB other than Primary Agricultural Credit Societies and Urban Co-operative Banks became nominal or associate members of the DCB, having no right to vote or participate in the administration of the Bank. The exclusion of societies belonging to categories other than the two categories mentioned above, is arbitrary and discriminator