The High Court dismissed the writ appeal filed by the Managing Committee and the Society against a judgment directing them to consider pending petitions seeking relief regarding membership cancellations and restorations under the Kerala Cooperative Societies Rules, holding the appeal misconceived.
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 P.B.SURESH KUMAR
&
THE HONOURABLE MRS. JUSTICE C.S. SUDHA MONDAY, THE 7TH DAY OF MARCH 2022 / 16TH PHALGUNA,
1943
WA NO. 321 OF 2022
AGAINST THE JUDGMENT DATED 02.02.2022 IN WP(C)
659/2022 OF HIGH COURT OF KERALA
APPELLANTS/RESPONDENTS 3 & 4 IN W.P.(C) 659/2022:
BY ADV P.P.JACOB
RESPONDENTS/WRIT PETITIONERS 1 & 2 AND RESPONDENTS 1 & 2 IN W.P.(C) 659/2022:
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W.A.No.321 of 2022
ADV.V.K.SUNIL SR.GP ADV.P.D.SUBRAMANIAN NAMBOOTHIRI
THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 07.03.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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P.B.SURESH KUMAR & C.S.SUDHA, JJ.
Writ Appeal No.321 of 2022
Dated this the 7th day of March, 2022
J U D G M E N T
P.B.Suresh Kumar, J.
This appeal is directed against the judgment dated 02.02.2022 in W.P.(C) No.659 of 2022. Respondents 3 and 4 in the writ petition are the appellants. Parties and documents are referred to in this judgment as they appear in the writ petition.
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the Society to Rs.500/- by amending its bye-law. Later, in terms of a resolution adopted on 25.06.2018 by the then Managing Committee of the Society, the memberships of those members who have not remitted the enhanced share value have been cancelled. The petitioners were two among the members who lost membership in the Society pursuant to the said decision. Although a new Managing Committee was elected to power in the Society later on 11.11.2018, the said Managing Committee was placed under suspension by the first respondent and an Administrator was appointed to manage the affairs of the Society. Later, the Administrator was replaced by an Administrative Committee. The said Administrative Committee restored the membership of the petitioners and about 450 others, after permitting them to remit the deficit share value. Later, on 06.12.2021, the administration of the Society was handed over by the Administrative Committee to the Managing Committee elected to office on 11.11.2018. On 08.12.2021, the Managing Committee resolved to cancel the membership of
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those members whose memberships have been restored by the Administrative Committee. The writ petition was instituted challenging the resolution of the Managing Committee dated 08.12.2021.
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counsel for respondents 3 and 4 is that Ext.P9 series petitions preferred by the petitioners invoking Rule 176 of the Rules are not maintainable.
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have lost membership for non-payment of the deficit share capital, that too, after accepting the deficit share capital from them.
The writ appeal, in the circumstances, is dismissed.
Sd/-
P.B.SURESH KUMAR, JUDGE.
Sd/-
C.S.SUDHA, JUDGE.
YKB
2 issues framed by the court
Whether an appeal against a judgment directing the first respondent to consider pending petitions invoking Rule 176 under the Kerala Cooperative Societies Rules is maintainable when no direct relief w
Whether the contention that petitions invoking Rule 176 are not maintainable should be raised before the first respondent rather than through a writ appeal.
The Mukkom Service Co-operative Bank Ltd.
Managing Committee of the Mukkom Service Co-operative Bank Ltd.
K.T. Sreedharan
Subhash M
P.B. Suresh Kumar
C.S. Sudha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
