Kerala High Court
K .L. Johny vs The Joint Registrar Of Co-Operative ... on 28 October, 2021
Author: Sathish Ninan
Bench: Sathish Ninan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SATHISH NINAN
THURSDAY, THE 28TH DAY OF OCTOBER 2021 / 6TH KARTHIKA, 1943
WP(C) NO. 19964 OF 2021
PETITIONER:
JOBY P.JOY
AGED 35 YEARS
S/O JOY, (MEMBER NO 14971), RESIDING AT PULPPARAYIL HOUSE,
PULPPALLY P.O.WAYANAD, PIN-673 579
BY ADVS.
M.SASINDRAN
P.SHAHEED
RESPONDENTS:
1 THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL),
WAYANAD-673 579
2 THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES
(GENERAL),
SULTAN BATHERY, WAYANAD DISTRICT, PIN-673 579
3 THE PULPPALLY SERVICE CO-OPERATIVE BANK LTD NO 10153,
PULPPALLY, WAYAND DISTRICT, REPRESENTED BY ITS SECRETARY
PIN-673 579
4 THE ADMINISTRATIVE COMMITTEE,
PULPPALLY SERVICE CO-OPERATIVE BANK LTD, NO 10153,
PULPPALLY, WAYANAD DISTRICT, PIN-673 579, REPRESENTED BY
ITS CONVENOR
BY ADVS.
MUHAMMED YASIL
ROSIN JOSEPH
BY SRI.SUNIL V.K., SR. GOVT. PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
28.10.2021, ALONG WITH WP(C).14111/2021, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SATHISH NINAN
THURSDAY, THE 28TH DAY OF OCTOBER 2021 / 6TH KARTHIKA, 1943
WP(C) NO. 14111 OF 2021
PETITIONER:
K .L. JOHNY,
AGED 64 YEARS
S/O.LONAPPAN, KANJUKKARAN HOUSE, PULPPALLY POST OFFICE,
WAYANAD DISTRICT, PIN CODE-673 579.
BY ADVS.
D.SOMASUNDARAM
ARUN CHANDRAN
HARIMOHAN
RESPONDENTS:
1 THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL),
KALPETTA, WAYANAD DISTRICT, PIN CODE-673 121.
2 THE ADMINISTRATIVE COMMITTEE,
PULPALLY SERVICE CO OPERATIVE BANK LIMITED NO.10153,
PULPPALLY POST OFFICE, WAYANAD DISTRICT, PIN CODE-673 579,
REPRESENTED BY ITS CONVENER.
3 PULPALLY SERVICE CO OPERATIVE BANK LIMITED NO.10153,
PULPPALLY POST OFFICE, WAYANAD DISTRICT, PIN CODE-673 579,
REPRESENTED BY ITS SECRETARY.
ADDL. R4 PULPALLY SERVICE CO-OPERATIVE BANK LIMITED NO.10153
PULPALLY POST OFFICE, WAYANAD DISTRICT, PIN - 673579, REP.
BY ITS SECRETARY.
[ADDL. R4 IS IMPLEADED AS PER ORDERS OF THIS COURT ON IA
1/2021 IN WPC 14111/2021 DATED 28.10.2021]
BY ADVS.
MUHAMMED YASIL
M.SASINDRAN
ROSIN JOSEPH
BY SMT.MABLE C. KURIAN, SR. GOVT. PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
28.10.2021, ALONG WITH WP(C).19964/2021, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
SATHISH NINAN, J.
= = = = = = = = = = = = = = = = = =
W. P. (C) Nos.19964 & 14111 of 2021
= = = = = = = = = = = = = = = = = =
Dated this the 28th day of October, 2021
J U D G M E N T
Clause-7 of the bye-laws of the Pulppally Service Co-operative Bank was amended in the year 2015 enhancing the share value of 'A' class members from `100/- to `500/-. The amendment was approved by the Registrar on 10.02.2016. The petitioner in W.P.(C) No.19964/2021 is a member of the Society. According to him, there was no notification pursuant to the amendment, calling for payment of additional share value and hence he has not paid the same. He contends that there are various other members who were also unaware of the enhancement of the share value and the requirement to pay the same in order to retain the 'A' class membership. Opportunity may be granted to the petitioner and other members to make up the share value and to continue the membership, prays the petitioner.
W. P. (C) Nos.19964 & 14111 of 2021 -: 2 :-
2. WP(C) No.14111/2021 is filed by another member of the Society seeking for conduct of election to the Managing Committee of the Society.
3. Heard. Perused the counter affidavits.
4. Section 19 of the Kerala Co-operative Societies Act reads thus:-
"19: Member not to exercise rights till due payment made:--(1) No member of a society shall exercise the rights of a member unless he has made such payments to the society in respect of membership or has acquired such interest in the society, as may be prescribed by the rules or the bye-laws."
5. Therefore, unless the existing 'A' class members pay the enhanced share value they will not be entitled to exercise the privileges of such class members including the right to vote. In Kadakam Service Co-operative Bank Ltd. v. Narayana Bhat [2004 (2) KLT 179] a Division Bench of this Court held:-
"Since the first respondent has not been removed from the membership either under Rule 16(3) or W. P. (C) Nos.19964 & 14111 of 2021 -: 3 :- under Rule 16(4) the bank could not have refused to accept the difference in share value, even though it was submitted by him belatedly."
6. The Society is under an Administrative Committee since the year 2018. Election needs to be conducted without delay. It is only proper that the existing members be put on notice regarding the enhancement of share value and be given an opportunity to have the enhanced value paid, if they so desire. This needs to be done prior to taking steps for conduct of election. Rule 28 of the Co-operative Societies Rules reads thus:
"28. Restriction on the right to vote at the election:-
No member of a society shall be eligible to vote at the meeting fixed for any election to the committee of that society, unless 60 days prior to the date of such meeting he acquires the number of shares for membership as may be provided in the bye-laws of the society of which he is a member."
W. P. (C) Nos.19964 & 14111 of 2021 -: 4 :-
7. Going by the rule, in order to avail the right to vote, the enhanced share value must be paid at least 60 days prior to the date of election.
8. In the light of the above it is ordered that, the 4th respondent shall cause publication to be effected in two Malayalam Dailies having circulation in the area of operation of the Society, notifying the enhancement of share value and calling upon them to have the same paid within 30 days from the date of publication, for retaining the 'A' class membership. On expiry of thirty days from the date of such notification, the 4th respondent shall take steps for conduct of election without any further delay. The election shall be notified to be held on a date after 60 days therefrom.
Writ petitions are disposed of as above.
Sd/-
SATHISH NINAN JUDGE kns/-
//True Copy// P.S. to Judge
APPENDIX OF WP(C) 14111/2021
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE GOVERNMENT ORDER DATED
17.12.2020.
Exhibit P2 TRUE COPY OF THE PETITION SUBMITTED TO THE
1ST RESPONDENT.
RESPONDENT EXHIBITS
Exhibit R2 A A TRUE COPY OF THE CIRCULAR 35/06 EXTENDING
THE TERM OF PART TIME ADMINISTRATOR Exhibit R2 B A TRUE COPY OF THE ORDER DATED 15.1.2021 APPOINTING THE ADMINISTRATIVE COMMITTEE Exhibit R2 C A TRUE COPY OF THE NOTICE IN THE NEWSPAPER Exhibit R2D A TRUE COPY OF THE RELEVANT PAGES OF BYELAW Exhibit R2 E A TRUE COPY OF THE APPLICATION DATED 20.1.2021 BEFORE THE IST RESPONDENT Exhibit R2F A TRUE COPY OF THE JUDGMENT DATED 20.5.2020 IN WPC 2093 OF 2020 Exhibit R2 G A TRUE COPY OF THE LETTER DATED 18.9.2021
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APPENDIX OF WP(C) 19964/2021 PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE RELEVANT EXTRACTS FROM THE BYE LAWS OF THE SOCIETY Exhibit P2 A TRUE COPY OF THE COMPLAINT SUBMITTED BY A MEMBER OF THE SOCIETY DATED 14.9.2021 Exhibit P3 A TRUE COPY OF THE COMMUNICATION ADDRESSED TO THE ASSISTANT REGISTRAR (GENERAL) SULTAN BATHERY, (FILE NO JRGHWYD/878/2021-O) ISSUED BY THE JOINT REGISTRAR DATED 18.9.21 Exhibit P4 A TRUE COPY OF THE ORDER NO O/385/16/R.DIS DATED 10.2.2016 ISSUED BY THE FIRST RESPONDENT JOINT REGISTRAR, ALONG WITH THE AMENDED PORTION OF THE BYE LAWS
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