Dismissed

T.v.Raveendran v. the Mattanur Co-Operative Rural Bank Ltd.

Kerala HC19 Nov 2015WP(C)/1157/2014

Case brief

AI extract

What is this about?

A writ petition challenging amendments to byelaws and seeking directions to accept nominations was dismissed. The court held such internal disputes regarding byelaw amendments must be challenged before the Registrar under specific rules, not through enforcement jurisdiction under Article 226.

What did the court decide?

Directed to approach the Registrar to challenge the resolution under Rule 176 of Co-operative Societies Rules. No other relief granted.

T.v.Raveendran Vs the Mattanur Co-Operative Rural Bank… — Cooperative Societies | Kerala HC (2015)

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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 A.M.SHAFFIQUE

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THURSDAY, THE 19TH DAY OF NOVEMBER 2015/28TH KARTHIKA, 1937

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WP(C).No. 1157 of 2014 (T)

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PETITIONER(S) :

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1. T.V.RAVEENDRAN 'RAVEERAM', MATTANUR P.O.,

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KANNUR DISTRICT.

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2. M.C.BALAKRISHNAN NAMBIAR

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LAKSHMI NIVAS, KAYANI P.O., MATTANUR

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KANNUR DISTRICT.

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BY ADVS.SRI.V.G.ARUN

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SRI.T.R.HARIKUMAR

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RESPONDENT(S) :

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1. THE MATTANUR CO-OPERATIVE RURAL BANK LTD.NO.F1228 REPRESENTED BY ITS SECRETARY, HEAD OFFICE MATTANUR, KANNUR DISTRICT-670 702.

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2. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL) OFFICE OF THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL), KANNUR, KANNUR DISTRICT-670 001.

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3. THE REGISTRAR OF CO-OPERATIVE SOCIETIES THIRUVANANTHAPURAM - 695 001.

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4. THE ELECTORAL OFFICER

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MATTANUR CO-OPERATIVE RURAL BANK LTD.NO.F1228 HEAD OFFICE, MATTANUR, KANNUR DISTRICT-670702 (ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL) KOOTHUPARAMBA CIRCLE , KANNUR)

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5. THE RETURNING OFFICER MATTANUR CO-OPERATIVE RURAL BANK LTD.NO.F1228 HEAD OFFICE, MATTANUR, KANNUR DISTRICT-670702

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(MATTANUR UNIT INSPECTOR OFFICE OF THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL), KOOTHUPARAMBA CIRCLE, KANNUR)

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6. THE STATE CO-OPERATIVE ELECTION COMMISSION THIRUVANANTHAPURAM - 696 001.

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R1 BY ADV. SRI.GEORGE POONTHOTTAM R2 TO R6 BY GOVT. PLEADER SRI. P.M. JOSEPH

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19-11-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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...2/-

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WP(C).No. 1157 of 2014 (T)

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APPENDIX

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PETITIONERS' EXHIBITS :

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EXT.P1 -	COPY OF THE ELECTION NOTIFICATION PUBLISHED IN THE MATHRUBHOOMI DAILY DATED 31-12-2013.
EXT.P2 -	COPY OF THE RELEVANT PAGES OF THE BYELAWS OF THE FIRST RESPONDENT BANK.
EXT.P3 -	COPY OF THE COMMUNICATION NO.R.DIS.3994/03/O DATED 20-09-2003 ISSUED BY THE 2ND RESPONDENT ALONG WITH COPY OF THE BYELAW AMENDMENT REGISTRATION CERTIFICATE DATED 20-09-2003 AND COPY OF THE AMENDMENT APPROVED BY THE GENERAL BODY HELD ON 16-03-2003.
EXT.P4 -	A TRUE COPY OF THE DECISION OF THE GENERAL BODY OF THE FIRST RESPONDENT BANK DATED 25-03-2006.
EXT.P5 -	A TRUE COPY OF THE BYELAW AMENDMENT REGISTRATION CERTIFICATE DATED 02-11-2006 ISSUED BY THE 2ND RESPONDENT.
EXT.P6 -	COPY OF THE COMMUNICATION NO.R.DIS.3852/10/O DATED 07-08-2010 ISSUED BY THE 2ND RESPONDENT ALONG WITH COPY OF THE BYELAW AMENDMENT REGISTRATION CERTIFICATE DATED 07-08-2010 AND COPY OF THE AMENDMENT APPROVED BY THE GENERAL BODY HELD ON 27-3-2010.
EXT.P7 -	A TRUE COPY OF THE DECISION OF THE GENERAL BODY OF THE FIRST RESPONDENT BANK DATED 30-03-2012.
EXT.P8 -	A TRUE COPY OF THE BYELAW AMENDMENT REGISTRATION CERTIFICATE DATED 05-10-2012 ISSUED BY THE 2ND RESPONDENT.
EXT.P9 -	COPY OF THE NOTIFICATION PUBLISHED IN THE MALAYALA MANORAMA DAILY DATED 19-3-2012.
EXT.P10 -	COPY OF THE REJECTION MEMO ISSUED BY THE 5TH RESPONDENT DATED 18-1-2014.
RESPONDEN ------------------	T(S)' EXHIBITS : ------------------------------
EXT. R1(a)	COPY OF THE JUDGMENT IN WP(C) NO. 2871/2009 DATED 21-10-2009.
EXT. R1(b)	COPY OF THE DETAILS OF THE SHARE CAPITAL TRANSACTIONS MADE BY SRI. T.V. RAVEENDRAN AND HIS FAMILY MEMBERS WITH THE MATTANUR CO-OPERATIVE RURAL BANK.
EXT. R1(c)	COPY OF THE PAPER ADVERTISEMENT GIVEN IN MALAYALA MANORAMA DAILY DATED 16-3-2010.

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(Contd...)

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WP(C).No. 1157 of 2014 (T)

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EXT. R1(d)	COPY OF THE ADVERTISEMENT GIVEN IN VEEKSHANAM DAILY DATED
	16-3-2010.

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EXT. R1(e) COPY OF THE ATTENDANCE REGISTER OF THE SOCIETY CONTAINING THE LIST OF MEMBERS WHO HAVE PARTICIPATED IN THE MEETING ON 27-3-2010.

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EXT. R1(f) COPY OF THE ADVERTISEMENT GIVEN IN MALAYALA MANORAMA DAILY DATED 21-9-2010.

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EXT. R1(g) COPY OF THE ADVERTISEMENT GIVEN IN MATHRUBHUMI DAILY DATED 21-9-2010.

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//TRUE COPY//

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P.A. TO JUDGE

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**A.M.SHAFFIQUE, J * * * * * * * * * * * *** W.P.C.No.1157 of 2014

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Dated this the 19^th day of November 2015

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J U D G M E N T

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Petitioners have approached this Court challenging Exts.P3 to P8 to the extent by which amendments had been brought to Clause 20 and 22 of the byelaws of the society. Petitioner has also sought for a direction to respondents 4, 5 and 6 to accept the nomination papers of the petitioners without insisting for compliance of the eligibility criteria as per the amendments.

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In so far as the election has already been over and the nomination of the petitioners have been rejected in terms of Ext.P10, the 2^nd relief has become infructuous. The only relief now surviving is regarding the question whether the amendments to Clause 20 and 22 of the byelaws are sustainable or not. It is not in dispute that the byelaws were amended by virtue of the decision taken by the General Body of the society. The remedy of the petitioners is to challenge such resolutions passed by the General Body. Such issues cannot be considered by this Court in a writ petition under Article 226 of the Constitution of India.

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W.P.C.No.1157/2014

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Hence I am of the view that no direction can be granted by this Court. I only observe that it shall be open for the petitioners to challenge the resolution by approaching the Registrar in terms with Rule 176 of the Co-operative Societies Rules, if so advised.

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(sd/-)

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(A.M.SHAFFIQUE, JUDGE)

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jsr

T.v.Raveendran v. the Mattanur Co-Operative Rural Bank Ltd.

Case brief

What is this about?

What did the court decide?

T.v.Raveendran v. the Mattanur Co-Operative Rural Bank Ltd.

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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