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2017 Supreme(Online)(KER) 22473
HIGH COURT OF KERALA
SHAJI P.CHALY, J
MUJEEB P – Appellant
Versus
THE ASSISTANT REGISTRAR GENERAL OF CO-OPERATIVE SOCIETIES – Respondent
WRIT PETITION (CIVIL) 26868/2017
Registration of a cooperative society is conditional upon the satisfactory resolution of all identified procedural deficiencies.
Headnote:
Cooperative - Registration Process - Kerala Co-operative Societies Act - Section N/A - The court reiterated the procedure and conditions for registration of a cooperative society, emphasizing the need for rectification of defects before approval.
Fact of the Case:
The petitioner seeks registration of a cooperative society but faced delays due to noted deficiencies in the application. After a required deposit and subsequent submission, registration remains pending, prompting a writ petition.
Finding of the Court:
The court acknowledged the defects noted by the Registrar and directed the petitioner to rectify them. It emphasized the Registrar's willingness to proceed with registration upon correction of identified issues.
Issues: Whether the Registrar can proceed with the registration of the cooperative society in light of existing deficiencies in the application.
Ratio Decidendi: The court ruled that registration is contingent upon the rectification of defects noted by the Registrar, aligning with the procedural mandates of the applicable cooperative laws.
Final Decision: Writ petition disposed; petitioner to rectify defects for society registration.
J U D G M E N T
Petitioner is a proposer of a co-operative society sought to be registered in the name and style, “United Group of Construction co-operative society”. Even though an application was filed, certain defects were noted. It was also directed to deposit Rs.5,00,000/- and report the matter to the Registrar. The documents produced along with the writ petition shows that, deposit was made and thereafter Ext.P5 application is submitted on 8.10.2016. The grievance highlighted by the petitioner in this writ petition is that, still the society is not registered and therefore, seeks appropriate directions.
2. Heard learned counsel for petitioner, learned Senior Government Pleader and perused the pleadings and documents on record.
3. Learned counsel for petitioner reiterated the contentions raised in the writ petition. Learned Senior Government Pleader pointed out that, there are certain deficiencies with respect to the aim and object of the society put forth and the by-law produced. Therefore, the defects were sought to be rectified. If the defects are rectified, the Registrar has no objection in registering the society in accordance with the Kerala Co-operative Societies Act and Rules.
4. That being the situation, petitioner is directed to approach the 3rd respondent and identify whether there are still any defects specified in the application submitted for registration of the society. If there are still defects, the same may be pointed out to the petitioner in writing, which shall be rectified by the petitioner at the earliest possible, and on rectification of the defects, the Registrar shall take every endevour to register the society at the earliest possible and at any rate within two months from the rectification of the defects by the society.
Writ petition is disposed of accordingly.
