Allowed

K.I. Sakeer Hussain v. Joint Registrar of Co-Operative Societies (General)

Kerala HC29 Nov 2018WP(C)/30525/2018

Case brief

AI extract

What is this about?

The Court disposed of a writ petition challenging a notice and order for convening a no-confidence motion against the President of a Co-operative Society. The Court held the procedure adopted by the Joint Registrar was non-compliant and set aside the impugned documents, allowing the petitioner to move a fresh notice complying with statutory rules.

What did the court decide?

Ext.P8 notice and Ext.P10 order are set aside; petitioner is allowed to move a fresh notice for no-confidence motion.

K.I. Sakeer Hussain Vs Joint Registrar of Co-Operative… — Company and Corporate | Kerala HC (2018)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT

¶3

THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN

¶4

THURSDAY,THE 29TH DAY OF NOVEMBER 2018 / 8TH AGRAHAYANA, 1940

¶5

WP(C).No. 30525 of 2018

¶6

PETITIONER:

¶7

K.I. SAKEER HUSSAIN AGED 54 YEARS PRESIDENT, KANJIRAPPALLY CENTRAL SERVICE CO-OPERATIVE BANK LTD. NO.1537, KANJIRAPPALLY.

¶8

BY ADV. SRI.P.C.SASIDHARAN

¶9

RESPONDENTS:

¶10

1 JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL) KOTTAYAM -686001.

¶11

2 THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL), KANJIRAPALLY - 686507.

¶12

3 THE SECRETARY THE KANJIRAPPALLY CENTRAL SERVICE CO-OPERATIVE BANK LTD. NO.1537, KANJIRAPPALLY P.O., PIN-686507.

¶13

4 T.S. ABDUL SALAM (T.S. RAJAN) THENAMAKKAL HOUSE, KANJIRAPPALLY, PIN-686507. BY ADVS. LIJI.J.VADAKEDOM SRI.SERGI JOSEPH THOMAS SR.GOVERNMENT PLEADER SRI.K.P.HARISH

¶14

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29.11.2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶15

W.P.(C)No.30525 of 2018

¶16

:-2-:

¶17

J U D G M E N T

¶18

The petitioner, who is the President of the

¶19

Managing Committee of Kanjirappally Service Cooperative Society, the 3^rd respondent herein, which is a Society registered under the Kerala Cooperative Societies Act, 1969, and the Rules made thereunder, has filed this writ petition under Article 226 of the Constitution of India, seeking a writ of certiorari to quash Ext.P8 notice dated 30.8.2018 issued by the 2^nd respondent Assistant Registrar of Co-operative Societies, regarding the convening of a no-confidence motion on 25.9.2018 in

¶20

the head office of the Society, based on a requisition made by the 4^th respondent, and Ext.P10 order dated 29.8.2018 of the 1^st respondent Joint Registrar, whereby the 2^nd respondent Assistant Registrar has been appointed as the Presiding Officer to convene the meeting of the Board of

¶21

W.P.(C)No.30525 of 2018

¶22

:-3-:

¶23

Directors to discuss the no-confidence motion moved

¶24

against the petitioner under Rule 43A of the Kerala Co-operative Societies Rules, 1969.

¶25

On 18.9.2018 when this writ petition came

¶26

up for admission, the learned Senior Government Pleader took notice for respondents 1 and 2. Urgent

¶27

notice on admission by special messenger was ordered on respondents 3 and 4, returnable by 24.9.2018.

¶28

On 25.9.2018 when this writ petition came

¶29

up for consideration, this Court passed the following order;

¶30

“Pursuant to the order dated 24.09.2018, the learned Senior Government Pleader has made available for the perusal of this Court, the office file bearing No.C.R.P(2)4426/2018. In the said office file, the draft of Ext.P10 order, bearing the signature of the 1^st respondent Joint Registrar is available. However, date of the order is kept blank. The said file also contains draft of Ext.P5 order

¶31

W.P.(C)No.30525 of 2018

¶32

:-4-:

¶33

dated 18.07.2018 and also a fair copy of that order bearing the signature of the 1^st respondent.

¶34

The 1^st respondent Joint Registrar shall file an affidavit, explaining the facts and circumstances with reference to the averments in the writ petition.

¶35

There will be an interim stay of all further proceedings pursuant to Ext.P8 notice and Ext.P10 order, for a period of one week.

¶36

The office file handed over by the learned Senior Government Pleader shall be retained in the safe custody by the Registrar Judicial. List on 28.09.2018.”

¶37

A counter affidavit has been filed by the

¶38

procedure adopted in the issuance of Ext.P10 order. The 4^th respondent has filed a counter affidavit

¶39

opposing the reliefs sought for in this writ petition.

¶40

petitioner, the learned Senior Government Pleader

¶41

appearing for respondents 1 and 2, the learned

¶42

W.P.(C)No.30525 of 2018

¶43

:-5-:

¶44

counsel for the 3^rd respondent Bank and also the learned counsel for the 4^th respondent.

¶45

The pleadings and materials on record would show that the 4^th respondent, along with other members of the 3^rd respondent Society, is attempting to move a no-confidence motion against the petitioner, who is the President of the Managing Committee of that Society. Such attempts on previous occasions were unsuccessful on account of certain procedural issues at the hands of the 1^st respondent Joint Registrar. Those issues are dealt

¶46

with by this Court in Ext.P7 judgment dated 10.8.2018 in W.P.(C)No.26736/2018 and connected case. By the said judgment, those writ petitions were disposed of by setting aside Ext.P6 notice

¶47

dated 2.8.2018 issued by the 2^nd respondent

¶48

Assistant Registrar of Co-operative Societies, however, subject to the observation made in that

¶49

W.P.(C)No.30525 of 2018

¶50

:-6-:

¶51

judgment at paragraph 6. Paragraph 6 and the operative portion of that judgment read thus;

¶52

“6. As far as the challenge made against Ext.P6 notice dated 2.8.2018 in W.P.(C)No.26736 of 2018 is concerned, as per the said notice, the meeting to consider 'No Confidence Motion' dated 18.7.2018 moved by the 4^th respondent and five others is scheduled to be held on 18.8.2018, which is beyond the time limit prescribed in clause (ii) of Rule 43A of the Rules, which provides that such meeting shall be convened not later than 30 days from the date on which the copy of the 'No Confidence Motion' was delivered to the competent authority. Admittedly, the date of the meeting convened as per Ext.P6 notice is beyond the time limit prescribed in clause (ii) of Rule 43A of the Rules and in such circumstances, Ext.P6 notice cannot be sustained. However, it has to be noticed that the provision under clause (ix) of Rule 43A of the Rules has application, only if, no meeting could be held for want of quorum, as required under clause (v) or if the motion is not carried by such a majority as required under clause (x). In such circumstances, these writ petitions are

¶53

W.P.(C)No.30525 of 2018

¶54

:-7-:

¶55

disposed of setting aside Ext.P6 notice dated 2.8.2018 issued by the 2^nd respondent Assistant Registrar of Co-operative Societies (General), however, subject to the observation made hereinbefore.”

¶56

It is thereafter that the petitioner along

¶57

with others moved a no-confidence motion dated 29.8.2018 and in connection with that, the 1^st

¶58

respondent Joint Registrar issued Ext.P10 order, whereby the 2^nd respondent Assistant Registrar has been authorised to convene the meeting. Pursuant to

¶59

Ext.P10 order, the 2^nd respondent Assistant Registrar issued Ext.P8 notice dated 30.8.2018 under Rule 43A of the Kerala Co-operative Societies Rules.

¶60

The petitioner is challenging Ext.P8 notice dated 30.8.2018 of the 2^nd respondent Assistant

¶61

Registrar and also Ext.P10 order dated 29.8.2018 of the 1^st respondent Joint Registrar, by contending

¶62

that Ext.P10 order (whereby the 2^nd respondent has

¶63

W.P.(C)No.30525 of 2018

¶64

:-8-:

¶65

been authorised to preside the meeting) is one

¶66

issued by the Assistant Registrar (Planning), who is not the authority competent to issue such an order.

¶67

Pursuant to the order of this Court dated 25.9.2018, the files relating to Ext.P10 order passed by the 1^st respondent Joint Registrar were produced before this Court. A perusal of the said

¶68

files would show that the 1^st respondent Joint

¶69

Registrar approved the draft of Ext.P10 order dated 29.8.2018 by putting his initial, and thereafter, a cyclostyled order is drawn, which has been issued to the respective parties. Ext.P10 is a copy of the cyclostyled order dated 29.8.2018, issued by the Assistant Registrar (Planning), as authorised by the 1^st respondent Joint Registrar. In paragraph 5 of the affidavit filed by the 1^st respondent, it has been stated that, the procedure adopted by the said

¶70

W.P.(C)No.30525 of 2018

¶71

:-9-:

¶72

respondent while preparing Ext.P10 is as per the norms. In the affidavit, the 1^st respondent has also stated that he is tendering unconditional apology in case this Court finds that he has made any mistake while issuing Ext.P10.

¶73

Having considered the submissions made by

¶74

the learned counsel on both sides and perusing the files relating to Ext.P10 order made available for the perusal of this Court by the learned Senior Government Pleader, this Court is of the considered

¶75

view that the procedure adopted by the 1^st respondent Joint Registrar by merely initialing the draft of the order cannot be termed as one in conformity with the procedure contemplated in the Manual of Office Procedure. Admittedly, the 1^st respondent has not signed the fair copy of Ext.P10 order. As per the mandate of Rule 43A of the Kerala Co-operative Societies Rules, such an order has to

¶76

W.P.(C)No.30525 of 2018

¶77

:-10-:

¶78

be issued by the 1^st respondent Joint Registrar, who is the Officer duly authorised by the Registrar in this behalf.

¶79

Since the time limit specified in clause (ii) of Rule 43A of the Kerala Co-operative Societies Rules for consideration of the noconfidence motion dated 29.8.2018 is already over, this writ petition is disposed of by setting aside Exts.P8 and P10, by making it clear that it would be open to the petitioner and others to move a fresh notice for no-confidence motion against the petitioner by complying with the statutory mandate of Rule 43A of the Rules.

¶80

The learned Senior Government Pleader, on behalf of the 1^st respondent Joint Registrar would submit that, if any such request is made, the 1^st respondent shall take necessary steps for consideration of that motion in a meeting of the

¶81

W.P.(C)No.30525 of 2018

¶82

:-11-:

¶83

Committee in strict compliance of the statutory requirements of Rule 43A of the Kerala Co-operative Societies Rules, without giving room for complaints from any corner. The said submission is recorded.

¶84

Registry shall return the office files relating to Ext.P10 order kept in 'safe custody' with the Registrar (Judicial) to the learned Senior

¶85

Government Pleader.

¶86

Sd/- ANIL K.NARENDRAN JUDGE

¶87

ami/30.11.18

¶88

APPENDIX

¶89

PETITIONER'S EXHIBITS:

¶90

EXHIBIT P1 TRUE COPY OF THE NOTICE DATED 20/07/2018 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER.

¶91

EXHIBIT P2 TRUE COPY OF THE PROCEEDINGS DATED 20/07/2018 ISSUED BY THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL) KANJIRAPPALLY.

¶92

EXHIBIT P3 TRUE COPY OF THE NOTICE DATED 20/07/2018. EXHIBIT P4 TRUE COPY OF THE NOTICE DATED 27/07/2018.

¶93

W.P.(C)No.30525 of 2018

¶94

:-12-:

¶95

EXHIBIT P5 A TRUE COPY OF THE NOTICE NO.C.R.P. (2)4426/18 DATED 18/07/2018 ISSUED BY THE 1ST RESPONDENT. EXHIBIT P6 TRUE COPY OF THE NOTICE DATED 02/08/2018 ISSUED BY THE 2ND RESPONDENT. EXHIBIT P7 TRUE COPY OF THE JUDGMENT IN WP(C) NO.26736/2018 DATED 10/08/2018.

¶96

EXHIBIT P8 TRUE COPY OF THE NOTICE NO.1353/18 DATED 30/08/2018 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER. EXHIBIT P9 TRUE COPY OF THE REQUISITION DATED 11/09/18 SOUGHT BY THE PETITIONER UNDER THE RIGHT TO INFORMATION ACT.

¶97

EXHIBIT P10 TRUE COPY OF THE ORDER NO.C.R.P. (2) 4426/18 DATED 29/08/2018 OBTAINED BY THE PETITIONER UNDER THE RIGHT TO INFORMATION ACT.

K.I. Sakeer Hussain v. Joint Registrar of Co-Operative Societies (General)

Case brief

What is this about?

What did the court decide?

K.I. Sakeer Hussain v. Joint Registrar of Co-Operative Societies (General)

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Sijumon Vs New India Assurance Company

Prabhakaran P. Vs State of Kerala

C. Sunil Kumar Vs the Kollam District Co-Operative Bank

Noble George Vs the Special Sale Officer, Malanad Co-Operative Agricultural & Rural Development Bank Ltd.

Prasannakumar K.V. Vs the Union of India

K.H.Ummer, Vs the Secretary