Allowed

Anil Kumar V.S. v. Joint Registrar of Co-Operative

Kerala HC6 Aug 2007WP(C)/12406/2007

Case brief

AI extract

What is this about?

The court disposed of a writ petition challenging disqualification of a cooperative society official. It directed the society to pass a resolution within a week and arrange an election by 04/10/2007 under Rule 35(a) to promote democracy.

What did the court decide?

Direction to the second respondent to take necessary resolution within one week and forward it to the election commission to hold election before 04/10/2007.

Anil Kumar V.S. Vs Joint Registrar of Co-Operative — Property and Title | Kerala HC (2007)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT :

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THE HONOURABLE MR. JUSTICE K.M.JOSEPH

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MONDAY, THE 6TH AUGUST 2007 / 15TH SRAVANA 1929

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WP(C).No. 12406 of 2007(B)

PETITIONER:

V.S.ANILKUMAR, EX.DIRECTOR, MURUNTHAL SCB LTD.NO.1814, PERINAD P.O., KOLLAM.

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E.R.RAVEENDRAN NAIR, EX.PRESIDENT, MURUNTHAL SCB LTD.NO.1814, PERINAD P.O., KOLLAM.

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A.R.MOHAN BABU, EX.DIRECTOR, MURUNTHAL SCB LTD.NO.1814, PERINAD P.O., KOLLAM.

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K.MADHAVAN, EX. DIRECTOR, MURUNTHAL SCB LTD.NO.1814, PERINAD P.O., KOLLAM.

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M.VASANTHAKUMARI, EX. DIRECTOR, MURUNTHAL SCB LTD.NO.1814, PERINAD P.O., KOLLAM.

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BY ADV. SRI.R.SREEHARI

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RESPONDENTS:

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JOINT REGISTRAR OF CO-OP.SOCIETIES, KOLLAM.

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MURUNTHAL SCB LTD.NO.1814, PERINAD P.O., KOLLAM REP. BY ITS SECRETARY/ ADMINISTRATOR.

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GOVT. OF KERALA REP. BY SECRETARY TO GOVERNMENT, CO-OPERATIVE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM.

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WPC.No.12406/07

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ADDITIONAL RESPONDENT

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S.NAZEERKHAN KADAPPAVILA VADAKKETHIL MURUNTHAL, PERINAD P.O. KOLLAM DISTRICT

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Additional respondent No.4 is impleaded vide order dtd. 30-05-07 in I.A.NO.6714/07

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BY ADV. SRI.O.V.MANIPRASAD SRI.P.K.VIJAYAMOHANAN

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GOVT. PLEADER SRI.P.K.RAVIKRISHNAN

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 06/08/2007, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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APPENDIX IN W.P.C.NO.12406/07

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PETITIONER'S EXHIBITS

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EXT.P1 TRUE COPY OF THE ORDER DTD. 4-10-06 ISSUED BY R2

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EXT.P2 TRUE COPY OF THE CERTIFICATE DTD. 1-12-06 ISSUED BY THE BANK

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EXT.P3 TRUE COPY OF THE JUDGMENT IN W.P.C.NO.31249/06 OF THIS COURT

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EXT.P4 TRUE COPY OF THE JUDGMENT IN W.P.C.NO.32830/06 OF THIS COURT

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EXT.P5 TRUE COPY OF THE ORDER DTD. 2-4-07 OF R3

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EXT.P6 TRUE COPY OF THE COVER SEAL DTD. 4-4-07 RECEIPT NO.3236

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EXT.P7 TRUE COPY OF THE ORDER DTD. 4-4-07 ISSUED BY R1

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4TH RESPONDENT'S EXHIBITS

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EXT.R4(A) TRUE COPY OF THE LETTER OF RESIGNATION SUBMITTED BY THIS DEPONENT TO THE PRESIDENT OF THE BANK.

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2ND RESPONDENT'S EXHIBITS EXT.R2(A) TRUE COPY OF THE LOAN REGISTER OF THE BANK PERTAINING TO MTNA NO.293/04-05

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EXT.R2(B) TRUE COPY OF THE RELEVANT PAGES OF THE DISPATCH REGISTER OF R2 BANK

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EXT.R2(C) TRUE COPY OF THE POSTAL ACKNOWLEDGEMENT CARDS SIGNED BY THE FIRST PETITIONER.

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EXT.R2(D) TRUE COPY OF THE INSPECTION REGISTER OF R2 BANK

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EXT.R2(E) TRUE COPY OF THE SHOW CAUSE NOTICE ISSUED BY THE FIRST RESPONDENT TO THE FIRST PETITIONER.

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EXT.R2(F) TRUE COPY OF THE REPORT SUBMITTED BY THE BANK BEFORE R1 EXT.R2(G) TRUE COPY OF THE RESOLUTION NO.327 DTD. 16-10-06 PASSED BY THE MANAGING COMMITTEE OF R2

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EXT.R2(H) TRUE COPY OF THE RESIGNATION LETTER SUBMITTED ON 23-11-06 BY K.CHANDRASEKHARA PILLAI.

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EXT.R2(I) TRUE COPY OF THE RESIGNATION LETTER SUBMITTED ON 23-11-06 BY P.V.JANARDHANAN PILLAI

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EXT.R2(J) TRUE COPY OF THE RESIGNATION LETTER SUBMITTED ON 23-11-06 BY S.NAZEEMKHAN

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EXT.R2(K) TRUE COPY OF THE ORDER PASSED BY R1 ON 24-11-06

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K.M.JOSEPH, J.

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W.P.(C).No.12406 OF 2007

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Dated this the 6^th day of August, 2007

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JUDGMENT

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Petitioner challenges Exts.P1,P5 and P7. Petitioner seeks a declaration that the first respondent cannot be disqualified under Rule 44(j)(c)(1) r/w Sec.44(2) of KCS Act and Rules.

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This is a case where by order dated 04/04/2007, a Part-time Administrator was appointed under section 33 of the Act with direction to hold election within six months. Eventhough there is prayer to quash Exts.P1,P5 and P7, learned counsel for the petitioner Sri.P.N.Mohanan limited his prayer for a direction to hold election at the earliest. He would submit that election may be ordered to be held before 04/10/2007. Ofcourse, learned counsel for the 2^nd respondent Sri.O.V.Maniprasad submits that some more time is required.

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This is a case where action is taken under Section 33 of the Act. The promotion of democracy requires that elected committee should come to power at the earliest. I do not see

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WPC No.12406/07

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how the respondent can resist the request of the petitioner to hold election before 04/10/2007. Accordingly, the writ petition is disposed of directing the second respondent to take necessary resolution within one week from today and forward it to the election commission under Rule 35(a) so that he can appoint the returning officer and hold election before 04/10/2007.

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(K.M.JOSEPH, JUDGE)

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sv.

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WPC No.12406/07 3

Anil Kumar V.S. v. Joint Registrar of Co-Operative

Case brief

What is this about?

What did the court decide?

Anil Kumar V.S. v. Joint Registrar of Co-Operative

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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