The court dismissed a writ petition challenging an order removing an administrative committee from a cooperative bank. The order was based on allegations of non-functioning and abuse of power. The court found no illegality warranting interference and noted the order was appealable.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
TUESDAY, THE 30TH DAY OF AUGUST 2016/20168TH BHADRA, 1938
WP(C).No. 27664 of 2016 (G)
PETITIONER:
V.RAVEENDRAN NAIR
S/O. VELAPPAN NAIR, RAJI NIVAS, MUTTAKKAD P.O., THIRUVANANTHAPURAM-695 523.
BY ADVS.SRI.V.G.ARUN SRI.T.R.HARIKUMAR
RESPONDENTS:
1. THE KOLIYOOR SERVICE CO-OPERATIVE BANK LTD.NO.2665, REPRESENTED BY ITS SECRETARY IN CHARGE, KOLIYOOR, MUTTACADU, THIRUVANANTHAPURAM-695523.
2. THE PART TIME ADMINISTRATOR, KOLIYOOR SERVICE CO-OPERATIVE BANK LTD NO.2665, KOLIYOOR, MUTTACADU, THIRUVANANTHAPURAM-695523, (UNIT INSPECTOR, MANACAUD, OFFICE OF THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL), THIRUVANANTHAPURAM)
3. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL), THIRUVANANTHAPURAM-695001.
4. THE REGISTRAR OF CO-OPERATIVE SOCIETIES, THIRUVANANTHAPURAM-695001.
5. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, CO-OPERATION (B) DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001.
6. A. ANIL KUMAR, CHARUVILA PUTHENVEEDU, PALAPPORU, VALLAYANI P.O., THIRUVANANTHAPURAM-695523.
7. DEEPTHI V.R., CHAITHANYA, VENGANOOR P.O., THIRUVANANTHAPURAM-695523.
R7 BY ADV. SRI.P.N.MOHANAN R3-5 BY ADV. SMT. C.S. SHEEJA, SENIOR GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30-08-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
Skk
WP(C).No. 27664 of 2016 (G)
APPENDIX
PETITIONER'S EXHIBITS :
| EXHIBIT P1 | : | A TRUE COPY OF THE INTERIM ORDER DATED 21/07/2015 IN W.P(C) 21935/2015 |
|---|---|---|
| EXHIBIT P2 | : | A TRUE COPY OF THE INTERIM ORDER DATED 24/07/2015 IN W.P(C) 22460/2015 |
| EXHIBIT P3 | : | A TRUE COPY OF THE ORDER IN CRP (1) 7400/2015 DATED 30/07/2015 ISSUED BY THE 3RD RESPONDENT |
| EXHIBIT P4 | : | A TRUE COPY OF THE JUDGMENT DATED 03/11/2015 IN W.P(C) 23813/2015 |
| EXHIBIT P5 | : | A TRUE COPY OF THE COMPLAINT DATED 13/01/2016 FILED BY THE 6TH RESPONDENT BEFORE THE 3RD RESPONDENT |
| EXHIBIT P6 | : | A TRUE COPY OF THE JUDGMENT IN W.P(C) 3844/2016 DATE 02/02/2016 |
| EXHIBIT P7 | : | A TRUE COPY OF THE ORDER NO. CRP (1) 7400/15 DATED 27/01/2016 ISSUED BY THE 3RD RESPONDENT |
| EXHIBIT P8 | : | A TRUE COPY OF THE JUDGMENT IN W.P(C) 6948/2016 DATED 24/05/2016 |
| EXHIBIT P9 | : | A TRUE COPY OF THE ORDER DATED 04/06/2016, ISSUED TO THE 7TH RESPONDENT |
| EXHIBIT P10 | : | A TRUE COPY OF THE ORDER DATED 25/07/2016 ISSUED TO K. MOHANAN NADAR |
| EXHIBIT P11 | : | A TRUE COPY OF THE F.I.R DATED 26/04/2016 IN CRIME NO. 600/2016 OF THE KOVALAM POLICE STATION |
| EXHIBIT P12 | : | A TRUE COPY OF THE CIRCULAR NO. 28/2015 DATED 08/06/2015 ISSUED BY THE 4TH RESPONDENT |
| EXHIBIT P13 | : | A TRUE COPY OF THE RESOLUTION NO. 13 DATED 28/01/2016 OF THE ADMINISTRATIVE COMMITTEE |
| EXHIBIT P14 | : | A TRUE COPY OF THE RFEPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT DATED 16/08/2016 |
| EXHIBIT P15 | : | A TRUE COPY OF THE ORDER NO. CRP (1) 7400/2015 DATED 12/08/2016 ISSUED BY THE 3RD RESPONDENT |
RESPONDENTS' EXHIBITS: NIL
// TRUE COPY //
P.A. TO JUDGE
SKK
SHAJI P. CHALY, J. ---------------------------- W.P.(C) No.27664 of 2016.
Dated this the 30th day of August, 2016
J U D G M E N T
This petition is filed by the petitioner seeking to quash Ext.P15 order passed by the third respondent dated 12-08-2016 whereby an administrator is appointed to manage the affairs of the first respondent bank for a period of six months with a further rider that necessary steps shall be taken to conduct the election subject to the writ petition pending before this Court.
Material facts for the disposal of the writ petition are thus:
operative Bank Ltd. The previous managing committee of the society of which the petitioner was the President had taken charge on 08-08-2010 and hence the five year term of the managing committee was due to expire on 07-08-2015. In that circumstances, on 02-06-2015 managing committee resolved to request the State Co-operative Election Commission to conduct
W.P.(C) No.27664 of 2016.
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the election to the managing committee and accordingly the Co-operative Election Commission issued election notification whereby the poling was scheduled on 02-08-2015.
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respondent to explore the possibility of constituting an administrative committee comprising of the present managing committee to manage the affairs of the first respondent society. Accordingly, the third respondent by order dated 30-07-2015, constituted an administrative committee with the petitioner as its Convener to manage the affairs of the first respondent society for a period of six months. Accordingly the administrative committee took charge. The sixth respondent thereafter approached this Court by filing WP(C) No.23812/2015 challenging Ext.P3 order. The said writ petition along with the writ petition filed by the petitioners were considered together and this Court held that there is no stigma against the members of the administrative committee and that the three members having been earlier elected by the will of the members of the society, their continuance in the administrative committee might suit the convenience of all concerned. Accordingly, the writ petition filed by petitioner and others were allowed and the writ petition filed by sixth respondent is dismissed.
W.P.(C) No.27664 of 2016.
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Subsequently, sixth respondent has approached this Court by filing WP(C) No.6948/2016, and apart from the same complaints were being filed before the statutory authorities against the administrative committee, is the contention raised by petitioner.
officers. On the basis of enquiry report, the delinquent employees were given notice and thereafter they were terminated from service by the administrative committee. According to the petitioner, in order to prevent the extension of the term of the administrative committee, sixth respondent again approached this Court by filing WP(C) No.24539/2016
suppressing the fact that an earlier writ petition, challenging the order by which the administrative committee was initially
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appointed, stood rejected on merits. The said writ petition was dismissed by this Court taking note of the fact that there was material suppression. Since the term of the administrative committee was over, petitioner had submitted representation before the third respondent requesting to expedite the decision. However, as per Ext.P15 order the administrative committee was removed alleging that it was not functioning in terms of Section 33(2) of the KCS Act and had abused its powers thereby leading to unnecessary litigation, and expenditure being incurred by the society and appointed second respondent as part time administrator. It is in this background, seeking appropriate direction, this writ petition is filed by petitioner.
W.P.(C) No.27664 of 2016.
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Secretary of the society with intention of covering up illegalities committed by seventh respondent in the society for which disciplinary action was initiated against and ultimately removed from service. It is also contended that the term of administrative committee headed by petitioner was over, and therefore there cannot be an order like Ext.P15 removing the administrative committee from the office. According to the counsel, the intention of third respondent is to ensure that petitioner as well as the administrative committee members are proceeded with so as to cause prejudice to them from participating in election and other proceedings of the society.
W.P.(C) No.27664 of 2016.
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Government especially, when there are several findings, prima facie made by third respondent against petitioner and other administrative committee members. Moreover, on perusal of Ext.P15, it is explicit and clear that Ext.P15 is issued, basically depending on various facts and circumstances allegedly elicited from the documents available in the society, which factual circumstances only can be thrashed out by verifying the files and documents of the society in an appeal proceeding. Moreover, petitioner has not made out any circumstances of illegality, other legal infirmity or irrationality in Ext.P15 order, warranting interference of this Court at this stage of the proceedings.
If the petitioner files an appeal within three weeks from today it shall be considered by the Government without much
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delay and also to ensure that as directed in Ext.P15, election is
conducted to the society at the earliest. Writ petition is
disposed of accordingly.
Sd/-
SHAJI P. CHALY, JUDGE.
SKK
2 issues framed by the court
Whether there exist any circumstances of illegality, other legal infirmity or irrationality in the order removing the administrative committee and appointing a part-time administrator warranting judic
Whether the petitioner is entitled to succeed in quashing the order despite the existence of prima facie findings against the administrative committee members.
1 provisions across 1 enactments
V.Raveendran Nair
Koliyoor Service Co-Operative Bank Ltd.
The Part Time Administrator, Koliyoor Service Co-Operative Bank Ltd.
Joint Registrar of Co-Operative Societies (General), Thiruvananthapuram
Registrar of Co-Operative Societies, Thiruvananthapuram
State of Kerala
Shaji P. Chaly
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
