Disposed

Prof . K.I. Antony v. Shibili Sahib

Kerala HC4 Jul 2022WA/292/2022

Case brief

AI extract

What is this about?

The High Court of Kerala directed the dropping of disqualification and no-confidence motion pleas against directors of a cooperative bank. Noting that new elections were imminent, the Court held the litigation infructuous and disposed of the writ appeals, leaving all substantive issues open.

What did the court decide?

The plea for disqualification and the plea for No Confidence Motion will stand dropped. All issues raised are left open. The impugned judgment is modified accordingly.

Prof . K.I. Antony Vs Shibili Sahib — Cooperative Societies | Kerala HC (2022)

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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 ALEXANDER THOMAS

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THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN

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MONDAY, THE 4^TH DAY OF JULY 2022 / 13TH ASHADHA, 1944

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W.A.NO. 285 OF 2022

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AGAINST THE JUDGMENT IN WP(C).NO.3714/2022 OF THE HIGH COURT OF KERALA

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APPELLANT/PETITIONER:

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N.I.BENNY,AGED 59 YEARS, MEMBER, BOARD OF DIRECTORS, THODUPUZHA PRIMARY COOPERATIVE AGRICULTURAL RURAL DEVELOPMENT BANK LTD. NO. 4388, THODUPUZHA, IDUKKI DISTRICT, PIN CODE 685 581, RESIDING AT NADACKAL HOUSE, VENGALLOOR P.O, THODUPUZHA VILLAGE, THODUPUZHA TALUK, IDUKKI DISTRICT.

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ADV.SRI.GEORGE POONTHOTTAM (SR.) ALONG WITH ADVS.M/S.ARUN CHANDRAN & NISHA GEORGE

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RESPONDENTS/RESPONDENTS:

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1 THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL), PAINAVU, IDUKKI 685 603.

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2 THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES, OFFICE OF THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES, THODUPUZHA, IDUKKI DISTRICT-685 581

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3 THE THODUPUZHA PRIMARY COOPERATIVE AGRICULTURAL RURAL DEVELOPMENT BANK LTD. NO. 4388, THODUPUZHA, IDUKKI DISTRICT-685 581, REPRESENTED BY ITS SECRETARY.

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4 PROF. K.I. ANTONY, RESIDING AT KANATTU HOUSE, RIVER VIEW ROAD, THODUPUZHA VILLAGE, THODUPUZHA TALUK, IDUKKI DISTRICT,PIN CODE 685581.

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ADV.SRI.P.C.SASIDHARAN, FOR R4 SRI. SAIGI JACOB PALATTY-SR.G.P. ADV.SRI.P.V.BABY

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THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 04.07.2022, ALONG WITH W.A.NOS.289 & 292 OF 2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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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 ALEXANDER THOMAS

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THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN

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MONDAY, THE 4^TH DAY OF JULY 2022 / 13TH ASHADHA, 1944

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W.A. NO. 289 OF 2022

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AGAINST THE JUDGMENT IN WP(C).NO.3713/2022 OF THE HIGH COURT OF KERALA APPELLANT/PETITIONER:

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LAISAMMA SASI, AGED 51 YEARS, MEMBER, BOARD OF DIRECTORS, THODUPUZHA PRIMARY CO-OPERATIVE AGRICULTURAL RURAL DEVELOPMENT BANK LTD, NO. 4388, THODUPUZHA, IDUKKI DISTRICT - 685581, RESIDING AT KUNNUMEL HOUSE, VANNAPPURAM P.O, VANNAPPURAM VILLAGE, THODUPUZHA TALUK, IDUKKI DISTRICT.

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ADV.SRI.GEORGE POONTHOTTAM (SR.) ALONG WITH ADVS.M/S.ARUN CHANDRAN & NISHA GEORGE

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RESPONDENTS/RESPONDENTS:

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1 THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL), PAINAVU, IDUKKI – 685603.

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2 THE ASSISTANT REGISTRAR OF COOPERATIVE SOCIETIES (GENERAL) OFFICE OF THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES, THODUPUZHA, IDUKKI DISTRICT - 685581.

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3 THE THODUPUZHA PRIMARY COOPERATIVE AGRICUTLURAL RURAL DEVELOPMENT BANK LTD, NO. 4388, THODUPUZHA, IDUKKI DISTRICT - 685581, REPRESENTED BY ITS SECRETARY.

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4 PROF. K.I. ANTONY RESIDING AT KANATTU HOUSE, RIVER VIEW ROAD, THODUPUZHA VILLAGE, THODUPUZHA TALUK, IDUKKI DISTRICT,PIN CODE 685581.

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ADV.SRI.P.C.SASIDHARAN, FOR R4 SRI. SAIGI JACOB PALATTY-SR.G.P. ADV.SRI.P.V.BABY

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THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 04.07.2022, ALONG WITH W.A.NOS.285 & 292 OF 2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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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 ALEXANDER THOMAS

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THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN

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MONDAY, THE 4^TH DAY OF JULY 2022 / 13TH ASHADHA, 1944

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W.A. NO. 292 OF 2022

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AGAINST THE JUDGMENT IN WP(C).NO.3554/2022 OF THE HIGH COURT OF KERALA

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APPELLANT/PETITIONER:

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PROF . K.I. ANTONY, AGED 74 YEARS, S/O. ITTIAVIRA, RESIDING AT KANAT HOUSE, THODUPUZHA, IDUKKI DISTRICT-685581

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BY ADV. SRI.P.C.SASIDHARAN

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RESPONDENTS/RESPONDENTS:

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1 SHIBILI SAHIB, VICE PRESIDENT, THE THODUPUZHA PRIMARY CO-OPERATIVE AGRICULTURAL & RURAL DEVELOPMENT BANK LTD. NO.4388, P.B.NO.13, THODUPUZHA P.O., IDUKKI DISTRICT-685581.

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2 P.J.AVIRA, DIRECTOR, THE THODUPUZHA PRIMARY CO-OPERATIVE AGRICULTURAL & RURAL DEVELOPMENT BANK LTD. NO.4388, P.B.NO.13, THODUPUZHA P.O., IDUKKI DISTRICT-685581.

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3 T.M.SALIM, DIRECTOR, THE THODUPUZHA PRIMARY CO-OPERATIVE AGRICULTURAL & RURAL DEVELOPMENT BANK LTD. NO.4388, P.B.NO.13, THODUPUZHA P.O., IDUKKI DISTRICT-685581.

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4 N.I.BENNY, DIRECTOR, THE THODUPUZHA PRIMARY CO-OPERATIVE AGRICULTURAL & RURAL DEVELOPMENT BANK LTD. NO.4388, P.B.NO.13, THODUPUZHA P.O., IDUKKI DISTRICT-685581.

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5 LAISAMMA SASI, DIRECTOR, THE THODUPUZHA PRIMARY CO-OPERATIVE AGRICULTURAL & RURAL DEVELOPMENT BANK LTD. NO.4388, P.B.NO.13, THODUPUZHA P.O., IDUKKI DISTRICT-685581.

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6 K.M.SALIM, DIRECTOR, THE THODUPUZHA PRIMARY CO-OPERATIVE AGRICULTURAL & RURAL DEVELOPMENT BANK LTD. NO.4388, P.B.NO.13, THODUPUZHA P.O., IDUKKI DISTRICT-685581.

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7 P.D.PUSHPPAKUMAR, DIRECTOR, THE THODUPUZHA PRIMARY CO-OPERATIVE AGRICULTURAL & RURAL DEVELOPMENT BANK LTD. NO.4388, P.B.NO.13, THODUPUZHA P.O., IDUKKI DISTRICT-685581.

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8 MARIYAMMA BENNY, DIRECTOR, THE THODUPUZHA PRIMARY CO-OPERATIVE AGRICULTURAL & RURAL DEVELOPMENT BANK LTD. NO.4388, P.B.NO.13, THODUPUZHA P.O., IDUKKI DISTRICT-685581.

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9 T.M.GEORGE, DIRECTOR, THE THODUPUZHA PRIMARY CO-OPERATIVE AGRICULTURAL & RURAL DEVELOPMENT BANK LTD. NO.4388, P.B.NO.13, THODUPUZHA P.O., IDUKKI DISTRICT-685581.

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10 REJI JACOB, DIRECTOR, THE THODUPUZHA PRIMARY CO-OPERATIVE AGRICULTURAL & RURAL DEVELOPMENT BANK LTD. NO.4388, P.B.NO.13, THODUPUZHA P.O., IDUKKI DISTRICT-685581.

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11 LISSY JOSE,

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DIRECTOR, THE THODUPUZHA PRIMARY CO-OPERATIVE AGRICULTURAL & RURAL DEVELOPMENT BANK LTD. NO.4388, P.B.NO.13, THODUPUZHA P.O., IDUKKI DISTRICT-685581.

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12 THE THODUPUZHA PRIMARY CO-OPERATIVE AGRICULTURAL & RURAL DEVELOPMENT BANK LTD. NO.4388, P.B.NO.13, THODUPUZHA P.O., IDUKKI DISTRICT-685581, REPRESENTED BY ITS SECRETARY.

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13 ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES (G), THODUPUZHA, IDUKKI DISTRICT-685581.

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14 JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (G), PAINAVU, IDUKKI DISTRICT-685603.

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ADV.SRI.GEORGE POONTHOTTAM (SR.) ALONG WITH ADV.SMT.NISHA GEORGE, ADV.SRI.A.N.SANTHOSH, ADV.SRI.P.V.BABY

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THIS WRIT APPEAL HAVING BEEN HEARD ON 04.07.2022, ALONG WITH W.A.NOS.285 & 289 OF 2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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ALEXANDER THOMAS & SHOBA ANNAMMA EAPEN, JJ.

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============================================ W.A. Nos. 285, 289 & 292 of 2022

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(arising out of the impugned common judgment dated 21.2.2022 in respective WP(C).Nos.3714, 3713 & 3554 of 2022 )

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============================================

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Dated this the 4^th day of July, 2022

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J U D G M E N T

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ALEXANDER THOMAS, J.

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W.A. Nos. 285 & 289 of 2022

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The issues raised in these appeals are regarding the proceedings taken for disqualification of the appellant in W.A.No.285/2022, on the ground that the said appellant was initially elected from the constituency of depositors having deposit of not less than Rs.10,000/- in the Bank, and after the election, he failed to maintain the said minimum level of deposit of Rs.10,000/- and therefore, he stands disqualified. Whereas, the said disqualification proceedings against the appellant in W.A.No.285/2022, has been initiated at the behest of the respondent No.4 in these appeals, who is the President of the respondent Thodupuzha Primary Co-operative Agricultural Rural Development Bank. Whereas, the other issue raised in these appeals is regarding the No Confidence Motion moved by the

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..2..

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W.A. Nos. 285, 289 & 292 of 2022

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appellants and certain other members of the Managing Committee of the respondent society, against the 4^th respondent in these appeals, who is the President of said society.

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The learned Single Judge directed, that the plea for disqualification against the appellant in W.A.No.285/2022, should be initially considered and decided by the respondent Joint Registrar, and only thereafter, the plea for No Confidence Motion should be taken up for consideration in the respondent society.

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We are told, that the term of office of the present Managing Committee of the respondent society is almost over, and the election process to elect the new Managing Committee is already set in motion, and the elections are likely to be conducted on 17.7.2022 or 24.7.2022, depending upon the availability of halls or other infrastructural facilities for the conduct of the election. So, in other words, the time gap between now and the conduct of next election, is hardly less than 2 weeks. Hence, we suggested to both sides, that this Court may dispose of the matters with the direction that the aforesaid plea for disqualification of the appellant in W.A.No.285/2022 as well as the No Confidence Motion against the 4^th respondent in these appeals, may stand

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W.A. Nos. 285, 289 & 292 of 2022

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dropped. We have taken the said view, as there is not much relevance in continuing this litigative fight, and these issues become rather infructuous after the elections are completed.

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Both sides have not expressed any major objection to the said course of action proposed by this Court.

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Moreover, we also pointed out to both sides, that going by the elementary Co-operative Principles envisaged Sec.2(eccc) appended under Schedule II of the Kerala Co-operative Societies Act, 1969, one of the main parameters therein is 'concern for community'. Hence, we suggested to both sides, that it is about time to put a stop to this bitter litigative fight, so that both sides can concentrate on the elections, and then look for better days to come, not only for themselves but also for the respondent Co-operative Society, the members thereof as well as the community at large.

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Hence, it is ordered, in the interest of justice, that the plea for disqualification of the appellant in W.A.No.285/2022 and the plea for No Confidence Motion against the 4^th respondent in these appeals will stand dropped. All issues raised herein are left open. The impugned judgment of the learned Single Judge in

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..4..

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W.A. Nos. 285, 289 & 292 of 2022

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WP(C).Nos.3714 & 3713 of 2022 will stand modified as above.

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With these observations and directions, the aforesaid Writ

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Appeals will stand finally disposed of.

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W.A. No.292 of 2022

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It is submitted by Sri.P.C.Sasidharan, learned counsel appearing for the appellant in this appeal, on the basis of instructions, that in view of the directions and orders passed by this Court in the afore judgment in W.A. Nos. 285 & 289 of 2022, nothing survives in this Writ Appeal, and the same may be closed as infructuous.

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Recording the abovesaid submission of the appellant, the above Writ Appeal will stand disposed of as infructuous.

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Sd/-

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ALEXANDER THOMAS, JUDGE

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Sd/-

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SHOBA ANNAMMA EAPEN, JUDGE

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MMG

Prof . K.I. Antony v. Shibili Sahib

Case brief

What is this about?

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Prof . K.I. Antony v. Shibili Sahib

Case brief

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