Disposed

N.P.Poulose v. the Joint Registrar of Co-Operative Societies General

Kerala HC21 Mar 2019WP(C)/3275/2019

Case brief

AI extract

What is this about?

In a writ petition challenging the authority of a Part-Time Administrator to enroll members, the Court directed the Administrator to adopt a resolution for immediate elections, fixing the polling date after 23.05.2019, while maintaining the interim bar on policy decisions and member enlistment.

What did the court decide?

Directed the 3rd respondent to adopt a resolution for elections with polling after 23.05.2019 and sent it to the Election Commission within one month; interim order on policy decisions extended.

N.P.Poulose Vs the Joint Registrar of Co-Operative… — Cooperative Societies | Kerala HC (2019)

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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 DEVAN RAMACHANDRAN

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THURSDAY ,THE 21ST DAY OF MARCH 2019 / 30TH PHALGUNA, 1940

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WP(C).No. 3275 of 2019

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PETITIONER/S:

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N.P.POULOSE, AGED 68 YEARS S/O. POULOSE, MEMBER NO.1188,

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THE MANEED SERVICE CO-OPERATIVE BANK LTD, NO.3.59., MANEED P.O.,PIRAVOM, ERNAKULAM DISTRICT-686664, RESIDING AT NELLIKUZHIYIL HOUSE, PULIKKAMALIL POST, MULANTHURUTHI, ERNAKULAM DISTRICT-682314.

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BY ADVS. SRI.GEORGE POONTHOTTAM (SR.) SMT.NISHA GEORGE SRI.ARUN CHANDRAN

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RESPONDENT/S:

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1 THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL), OFFICE OF THE JOINT REGISTRAR OF COOPERATIVE SOCIETIES, KAKKANAD, ERNAKULAM DISTRICT-682030.

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2 THE MANEED SERVICE CO-OPERATIVE BANK LTD.NO.E59, MANEED P.O, PIRAVOM, ERNAKULAM DISTRICT-686664. REPRESENTED BY ITS SECRETARY.

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3 THE PART TIME ADMINISTRATOR, THE MANEED SERVICE CO-OPERATIVE BANK LTD.NO.E 59, MANEED P.O, PIRAVOM, ERNAKULAM DISTRICT-686664.

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BY ADV. SRI.M.SASINDRAN-SC SRI.BIMAL K.NATH-SR.GP

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 21.03.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WPC 3275/19

JUDGMENT

The petitioner, who is stated to be a member

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of the 2^nd respondent-Society, alleges that the 3^rd respondent Part-Time Administrator, in charge of the affairs of the Society, is enrolling members without authority and has sought for a declaration that he has no power to do so. He has also made an additional prayer that the 3^rd respondent be directed not to take any policy decisions or to affect any appointments to the Society.

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considered by another learned Judge of this Court on 05.02.2019, an interim order was issued to the 3^rd respondent Part-Time Administrator,

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directing him not to take any policy decisions and that the said interim order still continues to be in force.

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Sri. Arun Chandran, the learned counsel for the petitioner, on being reminded about the

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WPC 3275/19

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afore interim order, submits that his client is

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now confining his prayer that the elections to the Society be conducted at the earliest point of time, since it would not be to the benefit of the Society if the Part-Time Administrator is

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allowed to continue ad infinitum .

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Sri. M. Sasindran, the learned Standing

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Counsel appearing for respondents 2 and 3,

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submits that there is no legal impediment in calling for elections to the Managing Committee of the Society; but prays that the 3^rd respondent be given at least a month's time to do so, since there are certain urgent matters that the said respondent will have to complete before adopting the requisite resolution.

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Sri. Bimal K. Nath, the learned Senior

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Government Pleader, also affirms that there is

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no legal impediment in calling for elections to the Managing Committee of the Society, but that on account of the ensuing Lok Sabha elections,

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the date of polling may be directed to be fixed only after 23.05.2019, on which day the said elections are to conclude.

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In the afore circumstances and taking note of the specific submissions of Sri. M. Sasindran and the learned Senior Government Pleader, I refrain from passing any orders, as has been prayed for in this writ petition; but, direct the 3^rd respondent to adopt the requisite resolution for conduct of elections to the Managing Committee of the Society, showing the date of polling to be a day after 23.05.2019 and forward the said resolution to the State Cooperative Election Commission within a period of one month from the date of receipt of a copy of this judgment.

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Needless to say, on receipt of the said

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resolution, the Election Commission shall take necessary steps to conduct elections to the

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Managing Committee of the Society as

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expeditiously as is possible, but not later than 30.06.2019.

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Until such time as the exercise as afore

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directed is completed, the interim order of this Court, dated 05.02.2019, will continue and therefore, the 3^rd respondent Part-Time Administrator will not take any policy decision or enrol any members hereinafter.

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This writ petition is thus ordered.

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Sd/-

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DEVAN RAMACHANDRAN

JUDGE

WPC 3275/19

APPENDIX

PETITIONER'S/S EXHIBITS: EXHIBIT P1 TRUE COPY OF THE PROCEEDINGS NO.C.R.P(2) 6299/18 DATED 20.12.2018 ISSUED BY THE 1ST RESPONDENT.

N.P.Poulose v. the Joint Registrar of Co-Operative Societies General

Case brief

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N.P.Poulose v. the Joint Registrar of Co-Operative Societies General

Case brief

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