Allowed

T.K.Chandramohan v. the Joint Registrar of Co-Operative Societies (General ) Iduki

Kerala HC9 Feb 2022WP(C)/17786/2021

Case brief

AI extract

What is this about?

The Court directed the Administrator of a cooperative society to fix a date for election within four months, ordering the retrieval of the Membership Register from police authorities if not already obtained, to facilitate the process without delay.

What did the court decide?

Directed Administrator to fix election date within four months and procure Membership Register; deemed any delay immaterial unless register obtained.

T.K.Chandramohan Vs the Joint Registrar of Co-Operative… — 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 SATHISH NINAN

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WEDNESDAY, THE 9TH DAY OF FEBRUARY 2022 / 20TH MAGHA, 1943

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WP(C) NO. 17786 OF 2021

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PETITIONER/S:

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1 T.K.CHANDRAMOHAN,MEMBER NO. 15, THODUPUZHA TALUK, GULF RETURNEES WELFARE CO-OPERATIVE SOCIETY LIMITED NO. 1,642, THODUPUZHA P.O, IDUKKI DISTRICT

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2 BIJU C. SEKHAR,MEMBER NO. 65, THODUPUZHA TALUK, GULF RETURNEES WELFARE CO-OPERATIVE SOCIETY LIMITED NO. 1,642, THODUPUZHA P.O, IDUKKI DISTRICT

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3 MANJULA MOHAN,MEMBER NO. 66, THODUPUZHA TALUK, GULF RETURNEES WELFARE CO-OPERATIVE SOCIETY LIMITED NO. 1,642, THODUPUZHA P.O, IDUKKI DISTRICT

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4 MOHAMMED IQBAL,MEMBER NO. 245, THODUPUZHA TALUK, GULF RETURNEES WELFARE CO-OPERATIVE SOCIETY LIMITED NO. 1,642, THODUPUZHA P.O, IDUKKI DISTRICT

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5 SHAHUL HAMEED,MEMBER NO. 412, THODUPUZHA TALUK, GULF RETURNEES WELFARE CO-OPERATIVE SOCIETY LIMITED NO. 1,642, THODUPUZHA P.O, IDUKKI DISTRICT

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BY ADVS.

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P.K.VIJAYAMOHANAN AISWARYA V.S.

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RESPONDENT/S:

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

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2 THE PART TIME ADMINISTRATOR,THODUPUZHA TALUK GULD RETURNEES WELFARE CO-OPERATIVE SOCIETY,LIMITED NO. I. 642, THODUPUZHA, OFFICE OF THE ASSISTANT REGISTRAR (GENERAL) THODUPUZHA 685 587, IDUKKI DISTRICT.

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3 THE THODUPUZHA TALUK GULF RETURNEES,WELFARE COOPERATIVE SOCIETY LIMITED NO. I, 642, REPRESENTED BY THE SECRETARY, THODUPUZHA 685 584, IDUKKI DISTRICT.

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ADDL.R4 THE CIRCLE INSPECTOR OF POLICE,THODUPUZHA POLICE STATION, THODUPUZHA - 685 584. [ADDITIONAL R4 IS IMPLEADED AS PER ORDER DATED 24.11.2021 IN I.A.1/2021 IN WP(C)17786/2021.] BY ADVS.ADVOCATE GENERAL OFFICE KERALA R.LAIJU SR.GP: SMT.RESMI K.M.

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
09.02.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NO. 17786 OF 2021

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JUDGMENT

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Since 22.08.2017, an Administrator is in

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management of the society. The petitioners seek
for a direction for conduct of election to the
Managing Committee without any further delay.

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2. Heard.

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3. A counter affidavit is placed on record by

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the 3rd respondent wherein it is stated that
election could not be conducted for want of
decision in the said regard by the Administrator
and also since the Membership Register has been
seized by the police in connection with a
criminal case.

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4. I am of the opinion that the aforesaid
facts need not detain the conduct of election to

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the Managing Committee any further. If the
society has not so far obtained certified copy of

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the Membership Register from the police
authorities, it shall be obtained without any

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WP(C) NO. 17786 OF 2021

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further delay. If a request is received in that
regard by the additional 4th respondent the same
shall be issued without any delay. The
Administrator shall take a decision fixing the
date for election and proceed in terms of the
Rules for conduct of election and on the basis of
the certified copy of the membership register.
The date of election shall not be beyond four
months from today.

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The Writ Petition is disposed of as above.

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Sd/- SATHISH NINAN JUDGE

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sd

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WP(C) NO. 17786 OF 2021

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APPENDIX OF WP(C) 17786/2021

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PETITIONER EXHIBITS
Exhibit P1THE TRUE COPY OF THE SHOW CAUSE NOTICE NO.
SCTM. 136/2019 DATED 04-03-2020 OF THE
FIRST RESPONDENT TO THE FORMER PRESIDENT
AND ONE MEMBER OF THE BOARD OF THE 3RD
RESPONDENT SOCIETY.
Exhibit P2THE TRUE COPY OF THE REPRESENTATION DATED
23-07-2021 SUBMITTED BY THE 1ST PETITIONER
BEFORE THE 1ST RESPONDENT.
Exhibit P3THE TRUE COPY OF THE ACKNOWLEDGEMENT OF
EXHIBIT P1 BY THE 1ST RESPONDENT.

T.K.Chandramohan v. the Joint Registrar of Co-Operative Societies (General ) Iduki

Case brief

What is this about?

What did the court decide?

T.K.Chandramohan v. the Joint Registrar of Co-Operative Societies (General ) Iduki

Case brief

What is this about?

What did the court decide?

What the court decided

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