Allowed

The Managing Committee v. the Joint Registrar of Co-Operative Societies (General)

Kerala HC16 Nov 2022WP(C)/33481/2022

Case brief

AI extract

What is this about?

A writ petition contended that the Joint Registrar illegally declined appointments to essential posts in a Cooperative Society solely due to financial losses. The Court allowed the petition, setting aside the order and directing reconsideration, noting that statutory provisions mandate such posts.

What did the court decide?

WP allowed; Ext.P4 set aside; Director to reconsider the matter within one month.

The Managing Committee Vs the Joint Registrar of… — Company and Corporate | 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 DEVAN RAMACHANDRAN

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WEDNESDAY, THE 16TH DAY OF NOVEMBER 2022 / 25TH KARTHIKA, 1944
WP(C) NO. 33481 OF 2022

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PETITIONERS:

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1 THE MANAGING COMMITTEE OF KONNI PRIMARY CO-OPERATIVE AGRICULTURAL & RURAL DEVELOPMENT BANK LTD.NO.PT- 283, REPRESENTED BY ITS PRESIDENT,

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KONNI, PATHANAMTHITTA-689691.

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2 KONNI PRIMARY CO-OPERATIVE AGRICULTURAL & RURAL DEVELOPMENT BANK LTD.NO.PT - 283, REPRESENTED BY ITS SECRETARY, KONNI, PATHANAMTHITTA-689691.

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BY ADVS.
P.N.MOHANAN
AMRUTHA SURESH
C.P.SABARI
GILROY ROZARIO

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RESPONDENT:

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THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES
(GENERAL), OFFICE OF THE JOINT REGISTRAR OF
CO-OPERATIVE SOCIETIES, 4TH FLOOR CIVIL STATION,
PATHANAMTHITTA - 689 645.

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SMT.PARVATHY.K-GP

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
16.11.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NO. 33481 OF 2022

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JUDGMENT

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The petitioners impugn Ext.P4 order issued by the respondent - Joint Registrar of Co-operative Societies (General), Pathanamthitta, declining their request to allow them to fill up the post of Junior Clerk, Computer Operator, Record Keeper, Attender and Peon/Watchman, solely for the reason that the Society is running on huge loss.

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Sri.C.P.Sabari – learned counsel for the petitioners, pointed out that, going by Appendix III of the Kerala Co-operative Societies Rules (KCS Rules for short), his clients - being a Class III Society - is entitled to the afore posts and cannot be interdicted from filling them up, even for the reasons stated in Ext.P4. He argued that as is evident from Ext.P3 which admits that these posts are essential and imperative for the working of the Society; and that without them being filled up, it will not be able to come out of the present situation it is in. He thus prayed that Ext.P4 be set aside.

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Smt.Parvathy K. - learned Government Pleader, in response, however, submitted that Ext.P4 is irreproachable because, when the Society is admittedly registering losses of nearly Rupees One Crore, it would not be prudent to burden it with further appointments and

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WP(C) NO. 33481 OF 2022

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payment of salary. She submitted that it is, therefore, that the Joint Registrar has acted in the manner recorded in Ext.P4.

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Even when, from the touchstone of financial prudence, Ext.P4 finds my favour, the fact remains that certain posts are essential to a Society, particularly when it is acceded to by them, as per the statutory appendix. Obviously, therefore, the Joint Registrar ought to have considered their plea that, without the posts in question or at least some of them being filled up, it will not be possible for the Society to run its operations effectively. Without this having been considered and without even adverting to the request of the petitioners in Ext.P3, I do not think that Ext.P4 could have been issued.

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In the afore circumstances, I allow this writ petition and set aside Ext.P4; with a consequential direction to the Joint Registrar to reconsider the matter, adverting to the contentions of the petitioners that the posts sought for by them are essential which ought to be filled up nevertheless their fiscal position - but clarifying that this Court has not spoken on it in any manner; thus culminating in an appropriate order and necessary action thereon, as expeditiously as is possible, but not later than one month from the date of receipt of a

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WP(C) NO. 33481 OF 2022

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copy of this judgment.

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Needless to say, the afore exercise will be completed by the Joint Registrar, after affording an opportunity of being heard to the

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Society also.

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Sd/-

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DEVAN RAMACHANDRAN JUDGE

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MC/16.11

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WP(C) NO. 33481 OF 2022

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APPENDIX OF WP(C) 33481/2022

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PETITIONER EXHIBITS
Exhibit P1A TRUE COPY OF THE CLASSIFICATION ORDER
DATED 27.03.2019 OF THE JOINT REGISTRAR.
Exhibit P2A TRUE COPY OF THE ORDER DATED 24.01.2019
OF THE JOINT REGISTRAR.
Exhibit P3A TRUE COPY OF THE RESOLUTION NO.58 DATED
06.08.2022 ALONG WITH REQUEST DATED
27.08.2022 OF THE BANK.
Exhibit P4A TRUE COPY OF THE ORDER DATED 18.10.2022
OF THE JOINT REGISTRAR .
Exhibit P5A TRUE COPY OF THE JUDGMENT REPORTED IN
2000 (3) KLT 389 .
Exhibit P6A TRUE COPY OF THE JUDGMENT DATED
01.12.2016 IN W.P.(C). NO.12585/2014.

The Managing Committee v. the Joint Registrar of Co-Operative Societies (General)

Case brief

What is this about?

What did the court decide?

The Managing Committee v. the Joint Registrar of Co-Operative Societies (General)

Case brief

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What did the court decide?

What the court decided

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Statutes considered

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