The court dismissed a writ petition seeking removal of ineligible members from a cooperative society. Noting that an enquiry under Section 65 of the Kerala Co-operative Societies Act was already ordered, the court closed the writ petition without issuing specific directions on the manner of the enquiry.
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WP(C).518/22
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
TUESDAY, THE 14TH DAY OF JUNE 2022 / 24TH JYAISHTA, 1944
WP(C) NO. 518 OF 2022
PETITIONER/S:
1 OMANAKUTTAN M.S AGED 46 YEARS S/O. SREEDHARAN, MANGALASSERY HOUSE, CHERANALLOOR, KOCHI 682 036 2 THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL), ERNAKULAM OFFICE OF THE JOINT REGISTRAR OF COOPERATIVE SOCIETIES (GENERAL) ERNAKULAM, KOCHI 682 011 BY ADVS. P.RAMAKRISHNAN PREETHI RAMAKRISHNAN (P-212) T.C.KRISHNA C.ANIL KUMAR ASHA K.SHENOY PRATAP ABRAHAM VARGHESE
RESPONDENT/S:
COCHIN CO-OPERATIVE HOSPITAL SOCIETY LIMITED NO E 288 KADAVANTHARA, KOCHI 682 020 REPRESENTED BY ITS SECRETARY BY ADVS. GEORGE POONTHOTTAM (SR.) NISHA GEORGE THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 9.6.2022, THE COURT ON 14.6.2022 DELIVERED THE FOLLOWING:
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V.G.ARUN, J.
W.P(C).No. 518 of 2022
Dated this the 14th day of June, 2022
JUDGMENT
The petitioner had contested and lost in the last election to the Managing Committee of the 1st respondent Society held on 26.03.2017. The petitioner has challenged the election before the Co-operative Arbitration Court under Section 69 of the Co-operative Societies Act. Simultaneously the petitioner had filed representation before the Joint Registrar, complaining about the induction of 300 ineligible members in violation of Clause 4(a) (i) to (vii) of Ext.P1 byelaws and that the shares or interest of deceased members have not been transferred as stipulated in Section 25(1) of the Act. The petitioner had specifically pointed out the illegal manner in which 181 members were inducted to the vacancies of deceased members and had sought removal of those persons from the membership
of the Society. After considering the representation, the 2nd respondent issued Exhibit P2 letter dated 30.3.2019 admitting that the Society had acted irregularly in the matter of transfer of shares and induction of new members. Despite such admission, no further action was taken and the ineligible
WP(C).518/22
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members continued on the rolls of the Society. The petitioner therefore submitted Exhibits P3 and P4 representations demanding immediate action. Even the repeated representations did not yield any positive result. The writ petition is filed seeking writ of mandamus directing the 2nd respondent to remove the ineligible members from the membership of the 1st respondent Society or in the alternative to take up and dispose of Exhibits P3 and P4 forthwith.
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In the result, the writ petition is closed recording the submission that an enquiry under Section 65 has been ordered into the affairs of the 1st respondent Society pursuant to the representations filed by the petitioner.
Sd/-
V.G.ARUN, JUDGE
vgs
WP(C).518/22
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APPENDIX OF WP(C) 518/2022
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF REGISTERED BYLAW OF THE 1ST RESPONDENT SOCIETY
Exhibit P2 TRUE COPY OF LETTER DATED 30-03-2019 FROM THE 2ND RESPONDENT TO THE PETITIONER.
Exhibit P3 TRUE COPY OF REPRESENTATION DATED 4-072019 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT Exhibit P4 TRUE COPY OF REPRESENTATION DATED 2212-2021 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT
RESPONDENT EXHIBITS
Exhibit R1a TRUE COPY OF THE PROCEEDINGS BEARING NO.V-597/2022 DATED 17.5.200 ISSUED BY THE ELECTORAL OFFICER
2 issues framed by the court
Whether a writ of mandamus can be issued directing the Joint Registrar to remove ineligible members when an enquiry under Section 65 has been ordered.
Whether the grievance regarding induction of ineligible members is substantially allayed by the initiation of a Section 65 enquiry.
2 provisions across 2 enactments
OMANAKUTTAN M.S
JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL), ERNAKULAM
COCHIN CO-OPERATIVE HOSPITAL SOCIETY LIMITED
V.G.ARUN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
