Dismissed

Anu Thomas v. the Joint Registrar of Co-Operative Societies (G)

Kerala HC23 Feb 2022WP(C)/3842/2022

Case brief

AI extract

What is this about?

The Court disposed of two writ petitions challenging a no-confidence motion against the President of a Co-operative Rubber Marketing Society. It held that a remedy exists before the Registrar and, prima facie, the motion passed with majority even excluding ex-officio votes, dismissing the writs without adjudicating merits.

What did the court decide?

Writ petitions dismissed; no interference with the proceedings.

Anu Thomas 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 23^RD DAY OF FEBRUARY 2022/4TH PHALGUNA, 1943

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WP(C) NO. 5667 OF 2022

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PETITIONER:

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V.D.JOSEPH,AGED 65 YEARS,S/O DEVASSIA, VALIYAMATTAM, MURANPATHY.P.O,KODANCHERRY,KOZHIKODE-673580.

BY ADVS.P.P.JACOB

MARIYAM JACOB

RESPONDENTS:

1 THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL),KOZHIKODE, OFFICE OF THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES(G), PUTHIYARA, KOZHIKODE-673604.

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2 THE PRESIDING OFFICER/KUNNAMANGALAM UNIT INSPECTOR, OFFICE OF THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES,KOZHIKODE-673573.

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3 ROY ROSE,COMMITTEE MEMBER, KOZHIKODE DISTRICT COOPERATIVE RUBBER MARKETING SOCIETY LTD.NO.F 1879, P B NO.161, CHEROOTTY ROAD, KOZHIKODE-673001.

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4 THE KOZHIKODE DISTRICT CO-OPERATIVE RUBBER MARKETING SOCIETY LTD.NO.F 1879,P.B.NO.161, CHEROOTTY ROAD, KOZHIKODE-673001,REPRESENTED BY ITS MANAGING DIRECTOR.

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5 THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL),KOZHIKODE, PUTHIYARA, KOZHIKODE-673604.

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6 THE DEPUTY DIRECTOR, P&PD, RUBBER BOARD, RAILWAY STATION MAIN CENTRAL BOARD, KEEZHUKUNNU, KOTTAYAM 686002.

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7 THE GENERAL MANAGER,REGIONAL OFFICE, KERALA BANK, KALLAYI ROAD, KOZHIKODE-673001.

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BY ADV P.C.SASIDHARAN

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SR.G.P SMT. RESMI. K.M

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23.02.2022, ALONG WITH WP(C).3842/2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W P(C) NOs.5667 of 2022 & 3842 of 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 23^RD DAY OF FEBRUARY 2022/4TH PHALGUNA, 1943 WP(C) NO. 3842 OF 2022

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PETITIONERS:

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1 ANU THOMAS,AGED 44 YEARS,S/O. THOMAS, KADUKANMAKKAL HOUSE, KALLANODE P. O., KOORACHUNDU, KOZHIKODE-673 615.

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2 BIJU VARGHESE,S/O. VARGHESE, PURAYIDATHIL HOUSE, THIRUVAMBADY P. O., KOZHIKODE - 673 603.

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BY ADVS.P.P.JACOB MARIYA TITTY

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RESPONDENTS:

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1 THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (G) KOZHIKODE, OFFICE OF THE JOINT REGISTRAR OF COOPERATIVE SOCIETIES(G),PUTHIYARA, KOZHIKODE - 673 604.

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2 THE PRESIDING OFFICER / KUNNAMANGALAM UNIT INSPECTOR OFFICE OF THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES, KOZHIKODE - 673 573.

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3 ROY JOSE, COMMITTEE MEMBER,KOZHIKODE DISTRICT COOPERATIVE RUBBER, MARKETING SOCIETY LTD. NO.F 1879, P. B. NO.161, CHEROOTY ROAD, KOZHIKODE - 673 001.

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4 THE KOZHIKODE DISTRICT CO-OPERATIVE RUBBER MARKETING SOCIETY LTD. NO.F 1879, P. B. NO.161, CHEROOTY ROAD, KOZHIKODE-673 001,REPRESENTED BY ITS MANAGING DIRECTOR.

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5 THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (G) KOZHIKODE, PUTHIYARA, KOZHIKODE - 673 604.

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6 THE DEPUTY DIRECTOR,P&PD, RUBBER BOARD, RAILWAY STATION MAIN CENTRAL BOARD, KEEZHUKUNNU, KOTTAYAM - 686 002.

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7 THE GENERAL MANAGER,REGIONAL OFFICE, KERALA BANK, KALLAYI ROAD, KOZHIKODE - 673 001.

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR

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W P(C) NOs.5667 of 2022 & 3842 of 2022

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ADMISSION ON 23.02.2022, ALONG WITH WP(C).5667/2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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JUDGMENT

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The challenge in these writ petitions is against

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the motion of no confidence against the President of the Kozhikode District Co-operative Rubber Marketing Society Ltd. W.P(C) No.3842 of 2022 was filed challenging the convening of the meeting for consideration of the motion, whereas W.P(C) No.5667 of 2022 is filed challenging the result of the motion. The grounds of challenge are similar.

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Heard Sri. P.P Jacob learned counsel for the petitioners, Sri.Abraham Markose learned counsel for 6^th respondent, Sri.P.C.Sasidharan learned counsel for 7^th respondent and Sri.Bimal K Nath and Smt.Resmi.K.M., the learned senior Government Pleaders.

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Following grounds of challenge are urged:

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(1) The ex-officio members have not been

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‘appointed’ without which they cannot be members of the committee.

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(2) The ex-officio members do not have the right

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W P(C) NOs.5667 of 2022 & 3842 of 2022

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to participate in the meeting of no confidence.

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(3) The ex-officio members do not have the right to vote.

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(4) The ex-officio members have incurred disqualification to be members consequent on their absence from four consecutive meetings of the committee, in terms of clause 6.02 of the bye-laws of the society.

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To challenge the resolution of no-confidence, the petitioners have a remedy before the Registrar under Rule 176 of the Co-operative Societies Rules. In the light of the same, I do not propose to go into the

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merits of the contentions but for prima facie satisfying, if the motion has been passed with majority.

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As per the bye laws of the society, the total strength of the managing committee is fifteen. It consists of ten members elected from the 'A' class members, and one from 'C' class members; four are exofficio members.

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To consider the no confidence motion mooted

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W P(C) NOs.5667 of 2022 & 3842 of 2022

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against the President, a meeting was called for, to be held on 16.02.2022. In the meeting, the no confidence motion was passed.

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Out of the total strength of the committee

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which is fifteen, eight members were present in the meeting. Out of the eight members, five were elected

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members and three were ex-officio members. Out of

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them, one ex-officio member and five elected members voted in favour of the no confidence. Thus, the no confidence motion was declared as passed with majority of six votes. Out of the total strength of fifteen

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members of the committee, the presence of eight members constituted the quorum. Out of the eight members present, six has voted in favour of the no confidence.

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For a moment, accepting the contentions of the

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petitioners that the ex-officio members do not have the right to vote, and thus one vote cast by an ex-officio member is excluded, still there remains five votes cast by the five elected members. The total number of members present being eight, still five constitutes the majority. Thus, in any event, the no confidence motion could only be taken to have passed. Therefore, prima

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W P(C) NOs.5667 of 2022 & 3842 of 2022

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facie there is no warrant to interfere with the proceedings.

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Leaving open the rights of the petitioners to avail such remedy, and leaving open all the contentions

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of the petitioners, the writ petitions are dismissed.

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Sd/-

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Sathish Ninan, Judge

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vdv

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W P(C) NOs.5667 of 2022 & 3842 of 2022

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APPENDIX OF WP(C) 5667/2022

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PETITIONER EXHIBITS

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Exhibit	P1 TRUE PHOTOCOPY OF THE ELECTION NOTIFICATION PUBLISHED BY THE STATE CO- OPERATIVE ELECTION COMMISSION DATED 15.7.2019
Exhibit	P2 TRUE COPY OF THE BYELAW CLAUSE 5 & 6, PAGES 1, 6 TO 8 OF THE BYELAW OF THE FOURTH RESPONDENT
Exhibit	P3 TRUE PHOTOCOPY OF THE ORDER DATED 25.1.2022 ISSUED BY THE JOINT REGISTRAR
Exhibit	P4 TRUE PHOTOCOPY OF THE NOTICE ISSUED BY THE SECOND RESPONDENT TO THE PETITIONER DATED 28.1.2022
Exhibit	P5 TRUE PHOTOCOPY OF THE REPRESENTATION DATED 4.2.2022 FILED BEFORE THE JOINT REGISTRAR
Exhibit	P6 TRUE PHOTOCOPY OF THE PROCEEDING OF THE FOURTH RESPONDENT DATED 27.8.2019
Exhibit	P7 TRUE PHOTOCOPY OF THE PROCEEDING OF THE SECOND RESPONDENT DAD 16.2.2022 IN THE NO CONFIDENCE MOTION

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W P(C) NOs.5667 of 2022 & 3842 of 2022

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APPENDIX OF WP(C) 3842/2022

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PETITIONER EXHIBITS

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Exhibit P1 TRUE PHOTOCOPY OF THE ELECTION NOTIFICATION PUBLISHED BY THE STATE COOPERATIVE ELECTION COMMISSION DATED 15.07.2019. Exhibit P2 TRUE PHOTOCOPY OF THE BYELAW CLAUSE 5 & 6, PAGES 1, 6 TO 8 OF THE BYELAW OF THE FOURTH RESPONDENT. Exhibit P3 TRUE PHOTOCOPY OF THE ORDER DATED 25.01.2022 ISSUED BY THE JOINT REGISTRAR. Exhibit P4 TRUE PHOTOCOPY OF THE NOTICE ISSUED BY THE SECOND RESPONDENT TO THE SECOND PETITIONER DATED 28.01.2022. Exhibit P5 TRUE PHOTOCOPY OF THE COVER RECEIVED BY THE SECOND PETITIONER SENT THROUGH REGISTERED POST.

Anu Thomas v. the Joint Registrar of Co-Operative Societies (G)

Case brief

What is this about?

What did the court decide?

Anu Thomas v. the Joint Registrar of Co-Operative Societies (G)

Case brief

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What did the court decide?

What the court decided

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