Kerala High Court
P.Kunhambu vs The Joint Registrar Of Co-Operative ... on 17 December, 2011
Author: P.N.Ravindran
Bench: P.N.Ravindran
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE P.N.RAVINDRAN
WEDNESDAY, THE 1ST DAY OF FEBRUARY 2012/12TH MAGHA 1933
WPC.No. 2261 of 2012 (G)
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PETITIONER:
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P.KUNHAMBU,
S/O KANNAN, PEERICHERRY HOUSE, KADAMKODE,
NELLIKKA, THURUTHI P.O., CHERUVATHOOR,
KASARAGOD DISTRICT.
BY ADV. SRI.M.SASINDRAN
RESPONDENT(S):
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1. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES(GENERAL)
KASARAGOD-671 121.
2. THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL)
HOSDURG, KASARAGOD DISTRICT-671 121.
3. THE THIMIRI SCHEDULED CASTES/SCHEDULED TRIBES SERVICE
CO-OPERATIVE SOCIETY LTD. C. 876,
CHERUVATHOOR P.O-671 313, KASARAGOD DISTRICT
4. THE KERALA STATE SCHEDULED CASTES/SCHEDULED TRIBES
CO-OPERATION FEDERATION, REPRESENTED BY ITS SECRETARY,
THIRUVANANTHAPURAM-695 001.
5. THE REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL)
THIRUVANANTHAPURAM-695 001.
BY SRI.D.SOMASUNDARAM, GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 01-02-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
AS
WPC.NO.2261/2012
APPENDIX
PETITIONER'S EXHIBITS:
EXHIBIT P1: COPY OF THE NOTICE DATED 17-12-2011 ISSUED BY THE FIRST
RESPONDENT TO THE PETITIONER.
EXHIBIT P2: COPY OF THE REPLY DATED 24-12-2011 SUBMITTED BY THE
PETITIONER BEFORE THE FIRST RESPONDENT.
EXHIBIT P3: COPY OF THE RELEVANT EXTRACTS FROM THE BYE LAWS OF
THE SOCIETY.
EXHIBIT P4: COPY OF THE MINUTES OF THE MEETING DATED 6-10-2010.
EXHIBIT P5: COPY OF THE MINUTES OF THE MEETING DATED 8-11-2010.
EXHIBIT P6: COPY OF THE MINUTES OF THE MEETING DATED 25-11-2010.
EXHIBIT P7: COPY OF THE MINUTES OF THE MEETING DATED 6-12-2010.
EXHIBIT P8: COPY OF THE ORDER DATED 16-1-2012 ISSUED BY THE FIRST
RESPONDENT.
EXHIBIT P9: COPY OF THE PROCEEDINGS OF THE GENERAL BODY DATED
30-3-2011.
RESPONDENT'S EXHIBITS : NIL
/TRUE COPY/
P.A. TO JUDGE
AS
P.N.RAVINDRAN, J.
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W.P.(C) No. 2261 OF 2012
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Dated this the 1st day of February, 2012
J U D G M E N T
The petitioner, a member of Board of Directors of the third respondent co-operative society has filed this writ petition challenging Ext.P8 order dated 16.1.2012 passed by the first respondent Joint Registrar of Co-operative Societies (General), Kasaragod disqualifying him from being a member of the Managing Committee of the society under rule 44(1)(j) of the Kerala Co-operative Societies Rules, 1969 (hereinafter referred to as 'the Rules' for short).
2. The main ground of challenge to the impugned order is that before the petitioner was disqualified, a notice under sub rule (3) of rule 44 was not issued. It is stated that though a notice was issued, it was one under section 32 of the Kerala Co-operative Societies Rules calling upon the Managing Committee to show cause why for want of quorum it should not be superceded. It is contended that as no notice of the proposed action namely disqualification under rule 44(1)
(j) of the Rules was issued, Ext.P8 order is liable to be set aside.
3. By Ext.P8 order, the petitioner was disqualified on the ground that he did not participate in the four continuous meetings of the Managing Committee held on 6.10.2010, 8.11.2010, 25.11.2010 WPC No.2261/2012 2 and 6.12.2010. This allegation was set out in Ext.P1 notice. The petitioner has in Ext.P2 reply contended that though he had presided over the meetings held on the aforesaid dates, he inadvertently omitted to sign the minutes of the meeting. The statement in Ext.P2 discloses that the petitioner has not signed the minutes of the meetings held on the aforesaid dates. Necessarily therefore the petitioner will have to prove that notwithstanding that admitted fact he was physically present at the venue of the meetings and had in fact attended the meetings. In other words, the case set out by the petitioner requires evidence to be adduced, which is not ordinarily done in a proceeding under Article 226 of the Constitution of India. Under section 83(1)(j) of the Kerala Co-operative Societies Act (hereinafter referred to as 'the Act' for short) an appeal lies to the State Government from Ext.P8 order. The period of limitation prescribed for filing an appeal is 60 days from the date of the order. Ext.P8 order is dated 16.1.2012. Going by the date of the order, the period of limitation will expire only on 16th March, 2012. The petitioner can therefore file an appeal before the Government, raise the contentions which he has raised in this writ petition in that appeal and canvass the correctness of Ext.P8. The Government can call for the files, issue notice to the other members of the Managing WPC No.2261/2012 3 Committee, hear them, the petitioner and the parties to the appeal and decide whether as claimed by the petitioner in Ext.P2 he was physically present but had omitted to sign the minutes of the meetings. In such circumstances, I find no reason to entertain the writ petition.
The writ petition fails and is dismissed leaving open the petitioner's contentions and reserving liberty with him to challenge Ext.P8 order in appeal before the Government. In the event of the petitioner filing an appeal within the time stipulated in section 83(2) of the Act, the Government shall, having regard to the fact that the order impugned is an order of disqualification, consider the appeal and dispose it of expeditiously and in any event within two months from the date on which the memorandum of appeal is received by the Government. It will be open to the petitioner to move the Government for appropriate interim orders.
P.N.RAVINDRAN, (JUDGE) vps WPC No.2261/2012 4 WPC No.2261/2012 5