Remanded

K.T.Sreedharan , v. the Joint Registrar (General)

Kerala HC2 Feb 2022WP(C)/659/2022

Case brief

AI extract

What is this about?

Two writ petitions arising from disputes over membership cancellation and restoration in a Co-operative Bank were disposed of. The Court held that interim relief is not warranted and remanded the matters to the Joint Registrar for proper disposal after hearing.

What did the court decide?

Petitions remanded to the Joint Registrar to consider pending representations and complaints after hearing; writ petitions disposed of.

K.T.Sreedharan , Vs the Joint Registrar (General) — 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 2^ND DAY OF FEBRUARY 2022 / 13TH MAGHA,

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1943

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WP(C) NO. 659 OF 2022

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PETITIONERS:

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1 K.T.SREEDHARAN ,AGED 55 YEARS,S/O. GOPALAN, KIZHAKKE THODIKAYIL HOUSE, MUKKOM P.O, KOZHIKODE , PIN 673 602.

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2 SUBHASH M,AGED 56 YEARS,S/O. MANDAN, MADARI (VI) MAMPETTA, , MANASSERY P.O, PIN 673 602. BY ADVS. P.D.SUBRAMANIAN NAMPOOTHIRI DIVYA C BALAN

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RESPONDENTS:

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1 THE JOINT REGISTRAR (GENERAL), OFFICE OF THE JOINT REGISRAR OF CO-OPERATIVE SOCIETIES (GENERAL), PUTHIYARA PO, KOZHIKODE,673 004

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2 ASSISTANT REGISTRAR CO-OPERATIVE SOCIETY(G), OFFICE OF THE ASSISTANT REGISTRAR (G), KOZHIKODE, KOZHIKODE, PIN 673 602

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3 MUKKOM SERVICE CO-OPERATIVE BANK LTD. NO. F 1241, MANASSERY, MUKKOM , KOZHIKODE , PIN 673 602, REPRESENTED BY THE SECRETARY.

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4 THE MANAGING COMMITTEE,MUKKOM SERVICE COOPERATIVE BANK LTD. NO. F 1241, MANASSERY, MUKKOM, KOZHIKODE , PIN 673602.

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BY ADV P.P.JACOB ADV. SMT.RESMI.K.M – GOVERNMENT PLEADER

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02.02.2022, ALONG WITH WP(C).20049/2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NO.20049 of 2021 & 659 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 2^ND DAY OF FEBRUARY 2022 / 13TH MAGHA,

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1943

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WP(C) NO. 20049 OF 2021

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PETITIONERS:

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1 P.M.NARAYANAN,AGED 62 YEARS,M.NO. A 21435, S/O. MOOTHORAN, PUTHIYOTTIL HOUSE, MUKKOM P.O. KOZHIKODE.

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2 T.T. KANNANKUTTY,M.NO. A 41 56, S/O. KANDAN, THACHOTTILTHADATHIL HOUSE, MUKKAM P.O. KOZHIKODE.

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BY ADVS. P.P.JACOB MARIYAM JACOB

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RESPONDENTS:

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1 THE MUKKOM SERVICE CO -OPERATIVE BANK LTD. NO.F.1241,MANASSERY, MUKKOM, KOZHIKODE 673 602, REPRESENTED BY ITS SECRETARY.

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2 THE ADMINISTRATIVE COMMITTEE,MUKKOM SERVICE CO OPERATIVE BANK LTD NO. F 1241, MUKKOM, KOZHIKODE 673 602, REPRESENTED BY ITS CONVENER.

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3 THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES (G),OFFICE OF THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES (G), KOZHIKODE 673 602.

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4 THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (G),KOZHIKODE, OFFICE OF THE JOINT REGISTRAR OF CO OPERATIVE SOCIETIES, PUTHIYARA, KOZHIKODE 673 004.

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BY ADV SOUMIYA C.D ADV. SMT.RESMI.K.M – GOVERNMENT PLEADER

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02.02.2022, ALONG WITH WP(C).659/2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NO.20049 of 2021 & 659 of 2022

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JUDGMENT

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The share value of the ‘A’ class members of the

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Mukkom Service Co-operative Bank Ltd. was enhanced to Rs.500/- as was unanimously approved by the general body of the Society held on 05.12.2015. The amendment of the bye-law in the said regard was approved by the Joint Registrar on 26.09.2016. Pursuant thereto, Ext R3(g) and R3(h) paper publications were effected requiring the members to

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pay the enhanced share value on or before 25.09.2017. As evidenced by Ext R3(i), the true copy of the resolution of the managing committee of the Society dated 25.06.2018, the managing committee resolved to cancel the membership of those members who have not remitted the enhanced share value pursuant to the paper publications aforementioned. According to the Society, such action was upheld by the Joint Registrar. Petitioners are among others who were so removed from membership.

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On 11.11.2018, election was held to the

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managing committee. The voters list was objected on

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WP(C) NO.20049 of 2021 & 659 of 2022

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the ground of non-inclusion of the members so removed. Though one of the members of the Society approached this Court in W.P(C) No.33685 of 2018, he was relegated to the remedy of Election Petition.

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On 28.12.2020, the elected committee was suspended and an administrative committee was appointed. The administrative committee resolved to accept the enhanced share value and revive membership of the persons who were removed from membership consequent on the non-payment of the enhanced share value. As is evidenced by Ext R3(m),

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the request in the said regard made by members, were accepted and membership restored.

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In the meanwhile, the election was upheld by

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the Tribunal. Though the judgment of the Tribunal is under challenge before this Court in W.P(C) No.20521 of 2021, there is no stay of operation of the judgment of the Tribunal. Taking note of the fact that there are no interdictory orders restraining elected committee from assuming office, this Court in W.P(C) No.27113 of 2021, as per judgment dated

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04.12.2021, directed the administration of the

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WP(C) NO.20049 of 2021 & 659 of 2022

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committee to be handed over to the elected committee. The administration was thus handed over on 06.12.2021.

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Thereafter, on 08.12.2021, Ext P3 resolution was adopted by the managing committee, resolving to cancel the decision of the administrative committee restoring the membership of the removed persons who were removed for non-payment of enhanced share value. A consequent communication was issued under Ext P4 to the staff of the Society, not to permit any transaction to such members. It is challenging the said proceedings that W.P(C). 659 of 2022 has been filed by two persons who were so removed. W.P(C) No.20049 of 2021 has been filed challenging the restoration of membership by the administrative committee on accepting the enhanced share value.

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Heard Sri.P.D.Subrahmanian Nampoothiri,

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learned counsel for the petitioners, Sri. P.P.Jacob, learned counsel for R3 and Smt.Resmi K.M, the learned Government Pleader.

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Petitions dated 06.09.2021 and 22.01.2022,

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have been filed before the Joint Registrar, seeking

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WP(C) NO.20049 of 2021 & 659 of 2022

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rescission of the resolution of the Administrative Committee to restore membership on payment of the enhanced share value and the same are pending. Challenging Ext P3 resolution adopted by the elected committee, which purported to cancel the earlier decision of the administrative committee, the petitioners have filed Ext P9 complaint before the Joint Registrar. The same is also pending. It would be sufficient if these requests are considered and orders passed.

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Accordingly it is ordered that the Joint

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Registrar shall consider and pass appropriate orders on the petitions, Exts P9 and R3(o) in W.P(C) No.659 of 2022, and Ext P7 in W.P(C) No.20049 of 2021, after affording an opportunity of hearing to the parties concerned. The contentions of either sides are left open to be urged before the authority.

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Writ Petitions are disposed of as above.

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Sd/- Sathish Ninan, Judge

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vdv

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WP(C) NO.20049 of 2021 & 659 of 2022

PETITIONER EXHIBITS

Exhibit P1	TRUE PHOTO COPY OF THE REPORT OF THE UNIT INSPECTOR DATED 23.12.20.
Exhibit P2	TRUE PHOTO COPY REPORT OF THE ASSISTANT REGISTRAR DATED 23.12.20.
Exhibit P3	TRUE PHOTO COPY OF ORDER ISSUED BY THE JOINT REGISTRAR DATED 28.12.2020.
Exhibit P4	TRUE PHOTO COPY OF THE ORDER IN WPC 665/21 DATED 26.2.2021.
Exhibit P5	TRUE PHOTO COPY OF THE ORDER ISSUED BY THE JOINT REGISTRAR DATED 5.8.2021.
Exhibit P6	TRUE PHOTO COPY OF THE ORDER ISSUED BY THE FOURTH RESPONDENT DATED 26.9.2016 RELEVANT PAGES COVER PAGES PAGES 1 TO 3 AND LAST PAGE OF THE MENDED BYE LAW.
Exhibit P7	TRUE PHOTO COPY OF REPRESENTATION FILED BY THE PETITIONERS AND OTHER MEMBERS BEFORE THE FOURTH RESPONDENT DATED 6.9.2021.

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WP(C) NO.20049 of 2021 & 659 of 2022

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APPENDIX OF WP(C) 659/2022

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PETITIONER EXHIBITS

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Exhibit P1 THE TRUE COPY OF THE RECEIPTS DATED 01.09.2021 AND 08.09.2021.

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Exhibit P2 THE TRUE COPY OF THE JUDGMENT DATED 4.12.2021. Exhibit P3 THE TRUE COPY OF THE LETTER DATED 18.12.2021.

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Exhibit P4 THE TRUE COPY OF THE MEMO DATED 13.12.2021.

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Exhibit P5 A TRUE COPY OF THE DECISION OF KADAKAM SERVICE CO-OPERATIVE BANK LTD., V. NARAYANA BHAT, REPORTED IN2004 (2) KLT 179.

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Exhibit P6 A TRUE COPY OF THE JUDGMENT DATED 28.10.2021 IN W.P.C NO. 19964 OF 2021 IS

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Exhibit P7 A TRUE COPY OF THE ORDER DATED 27.7.2020 PASSED BY THE JOINT REGISTRAR OF COOPERATIVE SOCIETIES (G) , PATHANAMTHITTA.

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Exhibit P8 TRUE COPIES OF AN AUDIT REPORT.

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Exhibit P9 THE TRUE COPY OF THE APPLICATIONS DATED 18.12.2021.

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RESPONDENT EXHIBITS

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Exhibit R3(a) TRUE PHOTOCOPY OF THE RELEVANT PORTION OF THE RESOLUTION NO.8(6) OF THE COMMITTEE DATED NIL.

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RESPONDENT EXHIBITS

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Exhibit R3(b) TRUE PHOTOCOPY OF THE GENERAL BODY NOTICE PUBLISHED IN CHANDRIKA DAILY DATED 19/11/2015.

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Exhibit R3(c) TRUE PHOTOCOPY OF THE GENERAL BODY NOTICE PUBLISHED IN VEEKSHNAM DAILY DATED 19/11/2015.

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WP(C) NO.20049 of 2021 & 659 of 2022

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Exhibit R3(d) TRUE PHOTOCOPY OF THE OF THE GENERAL BODY RESOLUTION NO.9 DATED 05/12/2015.

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Exhibit R3(e) TRUE PHOTOCOPY OF THE LETTER ISSUED BY THE THIRD RESPONDENT TO THE JOINT REGISTRAR DATED 26/12/2015.

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Exhibit R3(f) TRUE PHOTOCOPY OF THE PROCEEDING ISSUED BY THE JOINT REGISTRAR DATED 29/06/2016.

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Exhibit R3(g) TRUE PHOTOCOPY OF THE PAPER NOTIFICATION PUBLISHED IN MATHRUBHUMI DAILY DATED 10//11/2016.

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Exhibit R3(h) TRUE PHOTOCOPY OF THE PAPER NOTIFICATION PUBLISHED IN MALAYALA MANORAMA DAILY DATED 10/11/2016.

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Exhibit R3(i) TRUE PHOTOCOPY OF THE RESOLUTION NO.RESOLUTION NO.V/1 DATED 25/06/2018 WITH LEGIBLE COPY

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Exhibit R3(j) TRUE PHOTOCOPY OF THE REPRESENTATION FILED BY A.K.UNNIKRISHNAN DATED 11/10/2018 BEFORE THE STATE CO-OPERATIVE ELECTION COMMISSION.

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Exhibit R3(k) TRUE PHOTOCOPY OF THE STATEMENT OF FACTS AND GROUNDS IN WPC.33685/2018.

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Exhibit R3(l) TRUE PHOTOCOPY OF THE COMPLAINT DATED 10/01/2022 FILED BY THE RESPONDENT BEFORE THE POLICE.

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Exhibit R3(m) TRUE PHOTOCOPY OF THE FORGED APPLICATION IN THE NAME OF USSAIN, CHANDRAN AND RAJAN ALONG WITH ORIGINAL DOCUMENT.

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Exhibit R3(n) TRUE PHOTOCOPY OF THE JUDGMENT IN WPC 33685/2018

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RESPONDENT EXHIBITS

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Exhibit R3(o) TRUE PHOTOCOPY OF THE PETITION DATED 22/1/22 FILED BY BEFORE THE JOINT REGISTRAR SUBMITTED BY THE PETITIONER

K.T.Sreedharan , v. the Joint Registrar (General)

Case brief

What is this about?

What did the court decide?

K.T.Sreedharan , v. the Joint Registrar (General)

Case brief

What is this about?

What did the court decide?

What the court decided

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