Kerala High Court
Ramesh Babu.S vs The Registrar Of Co-Operative ... on 3 March, 2020
Author: A.K.Jayasankaran Nambiar
Bench: A.K.Jayasankaran Nambiar
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR
TUESDAY, THE 03RD DAY OF MARCH 2020/13TH PHALGUNA, 1941
W.P(C).No.22932 OF 2019(N)
PETITIONER:
RAMESH BABU.S.,
AGED 61 YEARS
S/O.(LATE) DR.M.P.SREEDHARAN NAIR, MEMBERSHIP NO.149,
KAIRALI CO-OPERATIVE HOUSING SOCIETY LTD., RESIDING AT
FLAT NO.31, KAIRALI APARTMENTS, PANAMPILLY NAGAR,
ERNAKULAM- 682036.
BY SRI.RAMESH BABU.S., PARTY IN PERSON
RESPONDENTS:
1 THE REGISTRAR OF CO-OPERATIVE SOCIETIES,
DEPARTMENT OF CO-OPERATION, RAJAJI NAGAR, MARKET ROAD,
STATUE, THYCAUD, TRIVANDRUM- 695001.
2 THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL),
5TH FLOOR, NEW BLOCK, CIVIL STATION, KAKKANAD,
ERNAKULAM- 682030.
3 ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL),
5TH FLOOR, NEW BLOCK, CIVIL STATION, KAKKANAD,
ERNAKULAM- 682030.
4 THE RETURNING OFFICER,
TRIPUNITHURA UNIT INSPECTOR, OFFICE OF ASSISTANT
REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL),
SAHAKARANA BHAVAN, KANAYANNUR TALUK, PALLIMUKKU,
ERNAKULAM- 682016.
5 THE MULAMTHURUTHY UNIT INSPECTOR,
OFFICE OF ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES
(GENERAL), SAHAKARANA BHAVAN, KANAYANNUR TALUK,
PALLIMUKKU, ERNAKULAM- 682016.
6 THE VYTILLA UNIT INSPECTOR,
OFFICE OF ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES
(GENERAL), SAHAKARANA BHAVAN, KANAYANNUR TALUK,
PALLIMUKKU, ERNAKULAM- 682016.
7 KAIRALI COOPERATIVE HOUSING SOCIETY LTD.,
REPRESENTED BY IT'S SECRETARY, KAIRALI APARTMENTS,
PANAMPILLY NAGAR, ERNAKULAM- 682036.
8 MR.GEORGE P.KORAH,
FORMER SECRETARY OF THE KAIRALI COOPERATIVE HOUSING
SOCIETY LTD., MEMBERSHIP NO.32, RESIDING AT FLAT NO.86,
KAIRALI APARTMENTS, PANAMPILLY NAGAR, ERNAKULAM- 682036.
9 MR.T.ZACHARIA MANI,
FORMER PRESIDENT OF THE KAIRALI COOPERATIVE HOUSING
SOCIETY LTD., MEMBER SHIP NO.2, RESIDING AT FLAT NO.45,
KAIRALI APARTMENTS, PANAMPILLY NAGAR, ERNAKULAM- 682036.
10 MR.BABU ABRAHAM,
FORMER SECRETARY OF THE KAIRALI COOPERATIVE HOUSING
SOCIETY LTD., MEMBER SHIP NO.44, RESIDING AT FLAT NO.32,
KAIRALI APARTMENTS, PANAMPILLY NAGAR, ERNAKULAM- 682036.
11 MS.LATHA THARIYAN,
FORMER VICE PRESIDENT OF THE KAIRALI COOPERATIVE HOUSING
SOCIETY LTD., MEMBER SHIP NO.43, RESIDING AT FLAT NO.37,
KAIRALI APARTMENTS, PANAMPILLY NAGAR, ERNAKULAM- 682036.
12 MR.ABRAHAM THARIYAN,
FORMER SECRETARY OF THE KAIRALI COOPERATIVE HOUSING
SOCIETY LTD., MEMBER SHIP NO.44, RESIDING AT FLAT NO.37,
KAIRALI APARTMENTS, PANAMPILLY NAGAR, ERNAKULAM- 682036.
13 STATE OF KERALA,
REP. BY SECRETARY, MINISTRY OF CO-OPERATION,
GOVERNMENT OF KERALA, SECRETARIAT,
THIRUVANANTHAPURAM- 695001.
BY SMT.MABLE C. KURIAN, GOVT. PLEADER
R7-12 BY ADV. SRI.GEORGE JACOB (JOSE)
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 03.03.2020, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
W.P.(C).No.22932/2019 :: 3 ::
JUDGMENT
The petitioner, who is a resident in Kairali Apartments, Panampilly Nagar, and is consequently a member of the Kairali Co-operative Housing Society Ltd. with membership No.149, states that he was a former Secretary of the Kairali Resident's Association for three years, and a former Secretary of the Society for three years. In the writ petition, the petitioner impugns Ext.P11 order of the Joint Registrar of Co-operative Societies (General), Ernakulam, which directs the appointment of a Part Time Administrative Committee to manage the affairs of the Society till such time as a regular election is conducted, for the purposes of electing members to the Managing Committee of the Society. There are other prayers in the writ petition, which seek a direction from this Court to the statutory authorities entrusted with the Regulation of Co-operative Societies under the Kerala State Co-operative Societies Act and Rules, to look into the allegations of financial mismanagement by the erstwhile members of the Managing Committee of the Society and for quantifying the extent of the alleged misappropriation and for W.P.(C).No.22932/2019 :: 4 ::
recovery of the misappropriated amounts from the erstwhile members of the Managing Committee.
2. It might be noticed, at the outset, that even before the filing of the writ petition, a regular election to the Managing Committee of the Society had taken place, and the members of the new Managing Committee had assumed charge of their respective offices. Some of the members of the erstwhile Managing Committee have also been re-elected as members of the present Managing Committee. In the writ petition, there is no challenge to the election conducted in 2019.
3. A counter affidavit has been filed by the 7 th respondent, wherein, the averments in the writ petition are refuted, and it is reiterated that, consequent to the conduct of an election to the Society, a new Managing Committee is now in place, and there is no complaint raised from any quarters as regards the functioning of the new Managing Committee. Specific rebuttals of the allegations regarding financial irregularities raised against the members of the erstwhile Managing Committee have also been made in the said counter affidavit.
W.P.(C).No.22932/2019 :: 5 ::
4. I have heard Sri.Ramesh Babu.S., the petitioner who appears in person and Sri.George Jacob, the learned Standing counsel for respondents 7 to 12. I have also heard Smt.Mable C. Kurian, the learned Government Pleader for the official respondents of the State.
5. On a consideration of the facts and circumstances of the case as also the submissions made across the bar, I find that the main relief sought for by the petitioner, namely, to set aside Ext.P11 order of the Joint Registrar of Co-operative Societies, does not merit any consideration in the writ petition, since, as already noted, the said order has since become insignificant since the election of a new Managing Committee for the Society has already taken place. Accordingly, the prayers in the writ petition sought in connection with the challenge to Ext.P11 order, cannot now survive.
6. As regards the allegations in the writ petition and the prayers made in the writ petition for an enquiry regarding alleged financial irregularities occasioned by the erstwhile Managing Committee, I find that, although the petitioner had raised these W.P.(C).No.22932/2019 :: 6 ::
issues before the Assistant Registrar of Co-operative Societies in the past, and he has since received Ext.P23 reply from the Assistant Registrar with certain observations made by the latter as regards the allegations stated by him in his representation, the petitioner has not chosen to carry the matter further through any request made before the Registrar of Co-operative Societies for an inquiry or investigation in accordance with Section 65 of the Kerala Co-operative Societies Act. It also deserves mention that the power of the Registrar under Section 65 is normally to be exercised only on an application by a majority of the members of the Committee of the Society, or by not less than one third of the quorum for the general meeting, whichever is less, but the Registrar may also conduct an inquiry or investigation on his own motion. It would therefore be relevant to observe that if, on any representation preferred by the petitioner, in his individual capacity, the Registrar deems it appropriate to make an inquiry, on his own motion, and on his being satisfied of the necessity of such an inquiry, then it is open to the Registrar to initiate any such inquiry. The said occasion, however, has not arisen in the instant case, since admittedly, the petitioner has not preferred any representation before the Registrar on the above lines. Thus, while dismissing the writ petition, by observing that the prayers sought for in the writ W.P.(C).No.22932/2019 :: 7 ::
petition cannot be granted, at this stage, I leave it open to the petitioner to approach the Registrar with a representation pointing out the alleged irregularities occasioned by the erstwhile members of the Managing Committee of the respondent Society, and if such a representation is preferred before the Registrar, the Registrar may exercise his discretion in terms of Section 65 of the Kerala Co- operative Societies Act.
The writ petition is disposed as above.
Sd/-
A.K.JAYASANKARAN NAMBIAR
JUDGE
prp/3/3/2020
W.P.(C).No.22932/2019 :: 8 ::
APPENDIX
PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE NOTICE OF GENERAL BODY
MEETING DATED 15.11.2017.
EXHIBIT P2 TRUE COPY OF THE ANNUAL REPORT FOR THE
PERIOD 2015-17 OF THE SOCIETY.
EXHIBIT P3 TRUE COPY OF THE UNSIGNED BALANCE SHEET
AND INCOME AND EXPENDITURE STATEMENT FOR YEAR ENDED 2016 OF THE SOCIETY.
EXHIBIT P4 TRUE COPY OF THE UNSIGNED BALANCE SHEET AND INCOME AND EXPENDITURE STATEMENT FOR THE YEAR ENDED 2017 OF THE SOCIETY. EXHIBIT P5 TRUE COPY OF THE LETTER DATED 17.02.2018 ISSUED BY EXHIBIT P6 TRUE COPY OF THE NOTICE OF ANNUAL GENERAL BODY MEETING DATED 01.02.2019 ALONG WITH WORKING REPORT AND BALANCE AND INCOME AND EXPENDITURE STATEMENT FOR THE PERIOD 2018-19.
EXHIBIT P7 TRUE COPY OF THE ORDER DATED 24.07.2015 OF THE ASSISTANT REGISTRAR OF CO-
OPERATIVE SOCIETIES.
EXHIBIT P8 TRUE COPY OF THE LETTER DATED 11.02.2019 SENT BY THE OFFICE BEARERS OF THE SOCIETY.
EXHIBIT P9 TRUE COPY OF THE LETTER DATED 19.02.2019 ISSUED BY THE 8TH RESPONDENT.
W.P.(C).No.22932/2019 :: 9 :: EXHIBIT P10 TRUE COPY OF THE LETTER DATED
20.02.2019 SUBMITTED BY THE PETITIONER TO THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES.
EXHIBIT P11 TRUE COPY OF THE ORDER DATED 05.03.2019 ISSUED BY THE JOINT REGISTRAR(GENERAL). EXHIBIT P12 TRUE COPY OF THE JUDGMENT DATED 04.04.2019 IN WP(C).NO.9704/19 FILED BY 8TH RESPONDENT.
EXHIBIT P13 TRUE COPY OF THE LETTER DATED 03.05.2019 ISSUED BY THE 2ND RESPONDENT.
EXHIBIT P14 TRUE COPY OF THE LETTER DATED 04.05.2019 ISSUED BY THE 1ST RESPONDENT.
EXHIBIT P15 TRUE COPY OF THE ELECTION NOTIFICATION DATED 11.07.2019.
EXHIBIT P16 TRUE COPY OF THE LETTER DATED 28.07.2019 SUBMITTED BY THE PETITIONER TO THE REGISTRAR AND ORS.
EXHIBIT P17 TRUE COPY OF THE LETTER DATED 02.08.2019 SUBMITTED BY THE PETITIONER TO THE REGISTRAR AND ORS.
EXHIBIT P18 TRUE COPY OF THE FINAL LIST OF CANDIDATES FOR THE ELECTION.
EXHIBIT P19 TRUE COPY OF THE LIST OF NEW OFFICE BEARERS OF THE 7TH RESPONDENT SOCIETY. EXHIBIT P20 TRUE COPY OF THIS NOTICE OF AGM DATED 20.9.2019.
W.P.(C).No.22932/2019 :: 10 :: EXHIBIT P21 TRUE COPY OF FINANCIAL STATEMENT OF
YEAR ENDING 31ST MARCH, 2018, PREPARED BY CHARTERED ACCOUNTANTS BALAN & COMPANY, (WITH ACCOUNTANT'S REPORT. EXHIBIT P22 TRUE COPY OF FINANCIAL STATEMENT OF YEAR ENDING 31ST MARCH, 2019 PREPARED BY CHARTERED ACCOUNTANTS BALAN & COMPANY (WITH ACCOUNTANT'S REPORT). EXHIBIT P23 TRUE COPY OF LETTER FROM ASST.
REGISTRAR OF COOPERATIVE SOCIETIES NO.V 992/2019 DATED 10.7.2019.
EXHIBIT P24 TRUE COPY OF WRITTEN STATEMENT OF THE PETITIONER WAS TAKEN BY THE 6TH RESPONDENT ON 21.02.2019.
EXHIBIT P25 TRUE COPY OF LETTER NO.1111/2019 DATED 09.07.2019 FROM PRO, ASST. REGISTRAR OF COOPERATIVE SOCIETIES.
EXHIBIT P26 TRUE COPY OF NOTICE DATED FROM THE 5TH RESPONDENT.
EXHIBIT P27 TRUE COPY OF LETTER NO. V 992/2019
DATED 03.06.2019, FROM THE 6TH
RESPONDENT.
EXHIBIT P28 TRUE COPY OF LETTER FROM ASST.
REGISTRAR OF COOPERATIVE SOCIETIES NO.V 992/2019 DATED 07.09.2019.
RESPONDENT'S EXHIBITS:
EXHIBIT R7 A TRUE COPY OF THE ANNUAL REPORT FOR THE PERIOD ENDING JUNE,30 2001 SIGNED BY THE 7TH RESPONDENT SECRETARY OF THE SOCIETY.
EXHIBIT R7 B TRUE COPY OF THE REPLY DATED 19.01.2018 OF THE 7TH RESPONDENT ADDRESSED TO THE PETITIONER.
W.P.(C).No.22932/2019 :: 11 ::
EXHIBIT R 7 C TRUE COPY OF THE LETTER DATED
13.04.2019 OF THE 7TH RESPONDENT
ADDRESSED TO THE MEMBERS OF THE
SOCIETY.
EXHIBIT R7 D TRUE COPY OF THE REPORT DATED 16.9.2019
OF THE 7TH RESPONDENT ADDRESSED TO THE MEMBERS OF THE SOCIETY.
//TRUE COPY// P.S. TO JUDGE