Dismissed

R.G.Harilal v. the Joint Registrar of Co-Operative Societies

Kerala HC9 Nov 2018WP(C)/20033/2018

Case brief

AI extract

What is this about?

The Court dismissed a writ petition challenging an order directing a Co-operative Society to cancel non-compliant laminated identity cards. Ruling that the laminated cards lacked required attestations as per Rule 16A, the Court held the Registrar's order was legal and necessary for fair elections.

What did the court decide?

Writ Petition dismissed; interference with Exhibit-P6 order not warranted.

R.G.Harilal Vs the Joint Registrar of Co-Operative… — Cooperative Societies | Kerala HC (2018)

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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 ANIL K.NARENDRAN

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FRIDAY,THE 09TH DAY OF NOVEMBER 2018 / 18TH KARTHIKA, 1940

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WP(C).No. 20033 of 2018

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PETITIONER:

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R.G.HARILAL S/O.R.GOPINATHAN,AGED 47 YEARS, CONVENER, ADMINISTRATIVE COMMITTEE, THE POLICE CO-OPERATIVE SOCIETY LTD. NO.T696, NANDAVANAM, THIRUVANANTHAPURAM, PIN-695033

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BY ADVS. SRI.GEORGE POONTHOTTAM SMT.NISHA GEORGE

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RESPONDENTS:

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1 THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL),OFFICE OF THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES(GENERAL), THIRUVANANTHAPURAM, PIN- 695001.

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2 THE POLICE CO-OPERATIVE SOCIETY LTD.NO.T 696 NANDAVANAM, THIRUVANANTHAPURAM, PIN CODE- 695033, REPRESENTED BY THE SECRETARY. ADDL.RESPONDENTS 3 & 4 IMPLEADED

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3 S.S.RATHEESH MEMBER, ADMINISTRATIVE COMMITTEE, POLICE CO-OPERATIVE SOCIETY LTD.NO.T 696, THIRUVANANTHAPURAM.

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4 SHINU T.S.NAIR MEMBER, ADMINISTRATIVE COMMITTEE, POLICE CO-OPERATIVE SOCIETY LTD.NO.T 696, THIRUVANANTHAPURAM. ADDITIONAL RESPONDENTS 3 AND 4 IMPLEADED AS PER ORDER DT.9.7.2018 IN I.A.No.11358/2018.

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BY ADVS. SRI.P.C.SASIDHARAN SRI K.S.MOHAMMED HASHIM, SPECIAL GOVERNMENT PLEADER

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 09.11.2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P.(C) No.20033/2018

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JUDGMENT

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The petitioner, who is the convenor of a three member Administrative Committee of the second respondent Co-operative Society, has filed this Writ Petition under Article 226 of the Constitution of India, seeking a writ of certiorari to quash Exhibit-P6 order dated 25.5.2018 of the first respondent Joint Registrar of Co-operative Societies, whereby directions have been issued to the Society to cancel the laminated identity cards and issue fresh identity cards to its members on the ground that the laminated identity cards are not in accordance with the statutory prescriptions.

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On 20.6.2018, when this Writ Petition came up for admission, the learned Government Pleader took notice for the first respondent Joint Registrar of Co-operative Societies (General) and notice by speed post was ordered to the second respondent Society. During the pendency of this Writ Petition, the other two members in the Administrative Committee of the Society got themselves impleaded as additional respondents 3 and 4, as per the order dated 9.7.2018 in I.A.No.11358 of 2018.

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A counter affidavit has been filed by the first respondent opposing the reliefs sought for in this Writ Petition. Along with I.A.No.11358 of 2018, additional respondents 3 and 4 have filed certain

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W.P.(C) No.20033/2018

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documents as Exhibits-R3(a) to R3(g). The petitioner has also filed I.A.No.12854 of 2018 seeking an order to accept Exhibits-P7 to P9 as additional documents.

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Heard the learned counsel for the petitioner, the learned Senior Government Pleader appearing for the first respondent and also the learned counsel for additional respondents 3 and 4. Despite service of notice, none appears for the second respondent Society.

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The sole issue that arises for consideration in this Writ Petition is as to whether any interference is warranted on Exhibit-P6 order dated 25.5.2018 of the first respondent Joint Registrar.

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In the Writ Petition, it is contended that Exhibit-P6 order passed by the first respondent Joint Registrar is illegal and perverse and there is no provision under the Kerala Co-operative Societies Act, 1969 enabling the first respondent Joint Registrar to direct the second respondent to cancel the laminated identity cards issued to its members.

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The pleadings and materials on record would show that the second respondent Society has issued identity cards to its members in the laminated form. A copy of the identity card issued in the laminated form is placed on record as Exhibit-R3(e) along with I.A.No.11358 of 2018 and the document marked as Exhibit-R3(d) is the identity card originally issued.

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Rule 16A of the Kerala Co-operative Societies Rules 1969

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W.P.(C) No.20033/2018

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deals with identity cards. As per sub-rule (1) of Rule 16A, a person admitted as a member of a Society shall be issued with an identity card in Form 6A, which shall be conclusive evidence to prove his membership in the Society. The members shall furnish two copies of recent photograph of passport size to the Society. Copies of the photograph shall be attested by the Chief Executive of the Society or an officer specially empowered in this behalf by the Committee of the Society and one copy of the duly attested photograph shall be affixed in the identity card and the other copy shall be affixed in the register in Form 6B maintained for the purpose. The identity card shall also bear the seal of the Society.

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As per sub-rule (2) of Rule 16A of the Kerala Co-operative Societies Rules, an existing member shall, within one month from the date of commencement of the Rules, furnish to the Society concerned two copies of the recent photograph of passport size and the Society shall issue identity card within a period of 15 days from the date of receipt of the photograph. Going by the proviso to sub-rule (2) of Rule 16A, the Registrar may, in deserving cases, for reasons to be recorded in writing, extend the above period of one month and 15 days for a further period of one month or 15 days, as the case may be. As per sub-rule (3), identity card shall be issued directly to the member concerned after obtaining his acknowledgment in the register in Form 6B and shall not be supplied to any other person on his behalf. As per Form 6A, the photograph of the

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W.P.(C) No.20033/2018

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member affixed in the identity card has to be attested by the authorised officer of the Society under seal, as per the mandate of sub-rule (1) of the Rule 16A.

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In the instant case, as can be seen from Exhibit-R3(d), the identity card originally issued contained satisfies the mandatory requirements of Rule 16A of the Kerala Co-operative Societies Rules and the photograph of the member, attested by the authorised officers of the Society under seal, is also affixed in that identity card. On the other hand, as can be seen from Exhibit-R3(e), in the identity card issued in the laminated form, the photograph of the member concerned is not attested by the authorised officer of the Society under seal. The date of admission as member in the Society is also not provided in Exhibit R3(e) identity card. In addition to this, the seal of the Society is affixed on the reverse side of the identity card. A mere perusal of Exhibit-R3(e) identity card would make it explicitly clear that, it does not fulfill the mandatory requirements of Rule 16A and it is not in terms of Form 6A of the Kerala Co-operative Societies Rules.

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In such circumstances, the reasoning of the first respondent Joint Registrar in Exhibit-P7 is neither perverse nor patently illegal, warranting an interference of this Court under Article 226 of the Constitution of India. In order to ensure fair and transparent election to the Managing Committee of the Society, issuance of proper identity cards

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W.P.(C) No.20033/2018

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to the members of the Society in Form 6A, as provided under Rule 16A of the Kerala Co-operative Societies Rule is highly essential. As such no interference is warranted on Ext.P7 order.

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In the result, the Writ Petition fails and the same is accordingly dismissed.

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ANIL K. NARENDRAN

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Sd/- JUDGE

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W.P.(C) No.20033/2018

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APPENDIX

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PETITIONER'S EXHIBITS:

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EXHIBIT P1 TRUE COPY OF THE FIR IN CRIME NO.368 OF 2010 MUSEUM POLICE STATION DATED 29.5.2010. EXHIBIT P2 TRUE COPY OF THE ORDER OF THE 1ST RESPONDENT BEARING NUMBER C.S 9593/2012 DATED 15.10.2012 EXHIBIT P3 TRUE COPY OF THE INTERIM ORDER IN WPC NO.3208/2013(A) DATED 8.2.2013 PASSED BY THIS HON'BLE COURT. EXHIBIT P4 TRUE COPY OF THE JUDGMENT IN WPC NO.2313/2013 DATED 12.3.2013 PASSED BY THIS HON'BLE COURT EXHIBIT P5 TRUE COPY OF THE JUDGMENT IN WPC NO 3160/2013 DATED 10.11.2014 PASSED BY THIS HON'BLE COURT. EXHIBIT P6 TRUE COPY OF THE ORDER BEARING NUMBER C.S.11344/17 DATED 25.5.2018 PASSED BY THE 1ST RESPONDENT. EXHIBIT P7 TRUE COPY OF THE NOTICE NO.C.S.2863/18 DATED 6.7.2018 ISSUED BY THE JOINT REGISTRAR. EXHIBIT P8 TRUE COPY OF THE COMMUNICATION DATED 10.7.2018 ISSUED BY THE JOINT REGISTRAR EXHIBIT P9 TRUE COPY OF THE MINUTES DATED 11.7.2018 EXHIBIT R1(a) TRUE COPY OF THE COMPLAINT DATED 6.12.2017. EXHIBIT R1(b) TRUE COPY OF THE REPORT DATED 13.12.2017.

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W.P.(C) No.20033/2018

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EXHIBIT R1(c)	TRUE COPY OF THE RESPONDENT TO THE	LETTER ISSUED BY THE ADMINISTRATIVE
	COMMITTEE MEMBERS	DATED 6.4.2018.
EXHIBIT R3(a)	TRUE COPY OF THE SUPPORT OF THE AB APPLICATIONS EXCL THEREIN	AFFIDAVIT FILED IN OVE INTERLOCUTORY UDING ITS ANNEXURES
EXHIBIT R3(b)	TRUE COPY OF THE MEMBERS OF THE AD TO THE MUSEUM POL	COMPLAINT FILED BY THE MINISTRATIVE COMMITTEE ICE STATION
EXHIBIT R3(c)	TRUE COPY OF THE ADMINISTRATIVE CO	RESOLUTION OF THE MMITTEE.
EXHIBIT R3(d)	TRUE COPY OF THE TO KUMAR BABU.M.B	IDENTITY CARDS ISSUED .
EXHIBIT R3(e)	TRUE COPY OF THE IN FAVOUR OF THE	IDENTITY CARDS ISSUED SECOND PETITIONER.
EXHIBIT R3(f)	TRUE COPY OF THE FIRST PETITIONER	LETTER ISSUED BY THE DATED 3.5.2018.
EXHIBIT R3(g)	TRUE COPY OF THE SECOND PETITIONER	LETTER ISSUED BY THE DATED 3.5.2018

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csl

R.G.Harilal v. the Joint Registrar of Co-Operative Societies

Case brief

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What did the court decide?

R.G.Harilal v. the Joint Registrar of Co-Operative Societies

Case brief

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What did the court decide?

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