Court directed the 3rd respondent to initiate proceedings for disqualification of a surcharged co-operative committee member under Rule 44(3), ensuring a hearing and ruling within two months, absent a stay on the surcharge order.
Directed 3rd respondent to take action under Rule 44(3) after hearing parties and issue final orders within two months.
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 V.G.ARUN
WEDNESDAY,THE 20TH DAY OF MARCH 2019 / 29TH PHALGUNA, 1940
WP(C).No. 18931 of 2015
PETITIONER/S:
PUSHPALEELA, AGED 68 YEARS L.V.SADANAM, MUKKOLA, MULLOOR.P.O, THIRUVANANTHAPURAM.
BY ADV. SRI.R.V.SREEJITH
RESPONDENT/S:
3 THE JOINT REGISTRAR (GENERAL), CO-OPERATIVE DEPARTMENT, THIRUVANANTHAPURAM-695001.
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R1 - R4, SRI. N.B. SUNIL NATH, GP R5 & R6, SRI.K.B.PRADEEP
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 20.03.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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JUDGMENT
The petitioner, a member of the 6th respondent Society has approached this court seeking a direction to respondents 1 to 4, to disqualify the 5th respondent from continuing as a member of the Managing Committee of the 6th respondent Society. The contention of the petitioner is based on Ext P2 order by which the 5th respondent was surcharged under Section 68(2) of the Kerala Co-operative Societies Act for various acts of misfeasance and malfeasance, while he was a member of the Managing Committee of the Kottukal Rural Housing Cooperative Society. In his counter affidavit, the 5th respondent has contended that he has already preferred an appeal before the Government against
Ext P2 order and that the appeal has not attained finality.
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absolve him from disqualification. Rule 44(1)(l) of the Kerala Co-operative Societies Rules provide for disqualification of a person from continuing as a member of the Managing Committee of the Cooperative Society, if he has been surcharged under Sec.68.
matter of appeal before the Government as mentioned earlier. Merely because an appeal is
preferred and pending, that will not take away the
disqualification which has come into effect immediately on Ext P2 order being issued, unless the operation of the order in so far as the 5th respondent is concerned has been stayed. In the absence of an order staying the operation of Ext P2 order, the 3rd respondent is bound to
initiate proceedings, to declare the disqualification of the 5th respondent, in the manner provided under Rule 44(3) of the Kerala Cooperative Societies Rules.
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Consequently, the writ petition is disposed of
directing the 3rd respondent to take action in accordance with Rule 44(3) of the Kerala Cooperative Societies Rules, provided Ext P2 order has not been stayed or interfered with by either the Government or this Court. Necessary opportunity of hearing to the petitioner and the 5th respondent should be provided before passing the order under Rule 44(3) of the Kerala Cooperative Societies Rules. Final orders in this regard shall be issued within a period of two months from the date of receipt of a copy of this judgment.
Sd/-
V.G.ARUN JUDGE
SPR
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APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE VOTERS LIST AS ON 20.3.2013,IN WHICH THE PETITIONER'S NAME IS SHOWN AS SL.NO.768. EXHIBIT P1(A) TRUE COPY OF THE ENGLISH TRANSLATION OF THE RELEVANT PORTION OF EXT.P1 EXHIBIT P2 TRUE COPY OF THE ORDER DATED RCB(1)712/2010 DATED 7.1.2014 OF THE 3RD RESPONDENT. EXHIBIT P2(a) TRUE COPY OF ENGLISH TRANSLATION OF THE RELEVANT PORTION OF EXT.P2 EXHIBIT P3 TRUE COPY OF THE FIR NO.1/2014/SIU/2 OF VACB SIU II DATED 16.12.2014.
RESPONDENT'S/S EXHIBITS: NIL.
2 issues framed by the court
Whether the discharge of a member under Section 68(2) of the Kerala Co-operative Societies Act disqualifies the member from continuing in the Managing Committee despite a pending appeal.
Whether the 3rd respondent is bound to initiate proceedings for disqualification under Rule 44(3) of the Kerala Cooperative Societies Rules when the order has not been stayed.
3 provisions across 3 enactments
Pusphaleela
State of Kerala
The Registrar of Co-operative Society
The Joint Registrar (General)
The Assistant Registrar
P. Sreekumaran Nair
V.G.Arund
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
