Kerala High Court
A.Dinesh Kumar vs Joint Registrar Of Co-Operative ... on 4 April, 2019
Author: Devan Ramachandran
Bench: Devan Ramachandran
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
THURSDAY, THE 04TH DAY OF APRIL 2019 / 14TH CHAITHRA, 1941
WP(C).No. 7859 of 2019
PETITIONER/S:
A.DINESH KUMAR
AGED 45 YEARS
S/O. SANJEEVA ARIKKADY,
ARIKKADY HOUSE,
KUMBALA P.O.,
PIN 671 321,
KASARGODE DISTRICT.
BY ADV. SRI.D.SOMASUNDARAM
RESPONDENT/S:
1 JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL)
KASARGODE 671 321.
2 KUMBALA SERVICE CO-OPERATIVE
BANK LIMITED, NO. C. 324, KUMBALA P.O.,
671 321, KASARGODE, REPRESENTED BY ITS SECRETARY, 671
321.
3 ADMINISTRATIVE COMMITTEE,
KUMBALA SERVICE CO-OPERATIVE BANK LIMITED,
NO. C 324, KUMBALA P.O.,
KASARGODE DISTRICT, REPRESENTED BY THE CONVENER, P.
REGHUDEVAN, SREENILAYAM, POSATHADUKKA, KUMBLA P.O.,
671 321.
BY ADV. SHRI.JAWAHAR JOSE
OTHER PRESENT:
SRI.K.P.HARISH-SR.GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
04.04.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 7859 of 2019
2
JUDGMENT
The petitioner is stated to be a member of the second respondent, Service Co-operative Bank and even though there are various assertions and allegations made in this writ petition and though various reliefs have been sought for, his learned counsel, Sri. D. Somasundaram, today confines his plea that elections to the Managing Committee of the said Society be directed to be conducted within a time frame. He alleges that the Administrative Committee, now in charge of the affairs of the Society, has been in office for more than one year and that this is in violation of the provisions of Section 33 of the Kearla Co- operative Societies Act ('KCS Act' for short); however, conceding that the Government has permitted this through Ext.R2 (c) order issued by them, under Section 101 of the KCS Act. The learned counsel submits that Ext.R2 (c) order is illegal and incompetent in law but says that he will not pursue that contention at this point of time, if elections to the Managing Committee is immediately called.
2. Sri. Jawahar Jose, the learned counsel appearing for the 3rd respondent Administrative Committee, submits that there is no legal impediment for the Committee in adopting the WP(C).No. 7859 of 2019 3 requisite resolution calling for elections to the Managing Committee of the Society, particularly since, even as per Ext.R1(c) the term of the said Committee will be over on 12.5.2019. He says that the Administrative Committee will consequently adopt the necessary resolution for conduct of elections to the Managing Committee, showing the date of polling to be a day after 23.05.2019, on which day the ensuing Lok Sabha elections are to complete and that this can be done within a period of one month from the date of receipt of a copy of the judgment of this court.
3. After saying as afore, Sri. Jawahar Jose then adds that there are certain emergent structural repair requirements for the building of the Society and shows Ext.R2(h) series of photographs, wherein the deplorable condition of the building has been clearly evidenced. He, therefore, prays that the Administrate Committee be allowed to take care of the emergent structural repairs on the building based on Exhibit P3 notification calling for tenders to bid for the contract for such work. He submits that, in fact, Ext.P3 notification has been issued by the Administrative Committee based solely on the decisions taken by the former elected Managing Committee and WP(C).No. 7859 of 2019 4 prays that the work shown therein be allowed to be taken up and completed.
4. Even when I hear Sri. Jawahar Jose as afore, the facts remains that the estimated PAC in Ext.P3 is a large amount of Rs.79 lakhs and it takes in work for alteration and interior works for the Society's building at Kumbala. However, going by the photographs produced, namely, Ext.R2(h), the emergent structural requirements for the building cannot be to such extent and I am certain, therefore, that until the new Managing Committee takes office, the work, as shown in Ext.P3, cannot be allowed to be taken forward by the present Administrative Committee. This is a matter that will have to be decided by the elected Managing Committee; however, with respect to the emergent requirements, I am sure that the Administrative Committee has the liberty and freedom to complete it.
5. In the afore circumstances, I direct the 3rd respondent- Administrative Committee to adopt the requisite resolution, necessary for the conduct of elections to the Managing Committee to the Society, within a period of one month from the date of receipt of a copy of this judgment, showing the date of polling to be a day after 23.5.2019; and to forward the said WP(C).No. 7859 of 2019 5 resolution, through proper channel, to the State Co-operative Election Commission immediately thereafter. On receipt of this resolution by the said Commission, they will take all steps to call for elections and to complete the same not later than two months thereafter. It is so ordered.
6. As regards the maintenance of the building of the Society is concerned, the Administrative Committee is allowed to request an inspection of the same by the first respondent - Joint Registrar of Co-operative Societies, who will conduct such inspection within a period of one week after such requisition is made before him by the committee; and subject to his supervision, either directly or through a competent authority of his choice, the emergent structural repairs on the building can be done by the Administrative Committee; however, making it clear that the work under Ext.P3 notification shall not be pursued, except by the new elected Managing Committee.
This Writ Petition is thus ordered.
Sd/-
DEVAN RAMACHANDRAN
SHG JUDGE
WP(C).No. 7859 of 2019
6
APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE ORDER NO. CRP/3328/2016 DATED
28.11.2017.
EXHIBIT P2 TRUE COPY OF THE ORDER NO. CRP/3328/2016 DATED
10.5.2018.
EXHIBIT P3 TRUE COPY OF THE PRE QUALIFICATION TENDER NOTICE
PUBLISHED IN THE MATHRUBHOOMI DAILY DATED 28.2.2019.
EXHIBIT P4 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER ALONG WITH TWO OTHER MEMBERS BEFORE THE FIRST RESPONDENT RESPONDENTS'S/S EXHIBITS:
EXHIBIT -R(2)(A) TRUE COPY OF THE ORDER DATED 28.11.2017 ISSUED BY THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES EXHIBIT -R(2)(B) TRUE COPY OF THE ORDER DATED 10.5.2018 ISSUED BY THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES EXHIBIT -R(2)(C) TRUE COPY OF THE GAZETTE NOTIFICATION DATED 4.2.2019 ISSUED BY THE GOVERNMENT OF KERALA EXHIBIT -R(2)(D) TRUE COPY OF THE STATUTORY AUDITOR'S REPORT UNDER THE KERALA CO-OPERATIVE SOCIETIES WITH RESPECT TO THE 2ND RESPONDENT SOCIETY EXHIBIT -R(2)(E) TRUE COPY OF THE LETTER DATED 1.3.2018 ADDRESSED BY THE ADMINISTRATIVE COMMITTEE TO THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES EXHIBIT -R(2)(F) TRUE COPY OF THE LETTER DATED 1.11.2018 ADDRESSED BY THE SECRETARY OF THE SOCIETY TO THE JOINT REGISTRAR TOGETHER WITH THE RESOLUTIONS TAKEN BY THE ADMINISTRATIVE COMMITTEE AND ALSO THE BILL OF QUANTITIES FOR THE WORK GIVEN BY THE ENGINEERS EXHIBIT -R(2)(G) TRUE COPY OF THE ORDER DATED 31.12.2018 ISSUED BY THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES EXHIBIT -R(2)(H) TRUE COPY OF THE PHOTOGRAPHS OF THE BANK BUILDING (8 NUMBERS) EXHIBIT -R(2)(I) TRUE COPY OF THE GAZETTE NOTIFICATION DATED 13.3.2019 ISSUED BY THE GOVERNMENT OF KERALA