At Kattathurai in Kanyakumari District, a Co-operative Society is functioning in the name of Y-178, Eraviputhooradai Primary Agricultural Cooperative Credit Society limited. There are 11 Directors for the said society. During the elections conducted for the Office bearers the petitioner herein had been elected as President. One Robert Clive was elected as Vice President. It must be mentioned that Robert Clive has also filed WMP(MD) No. 2093 of 2020 to implead himself as party/respondent in connected W.P.(MD) No. 1462 of 2020. However, it transpires that the Robert Clive had taken loan in another Co-operative society for a sum of Rs.2,86,862/-. He had not repaid the said loan. He had not disclosed that fact when he had contested for post of Vice President. Therefore, it was claimed that he is not eligible to continue either as Vice President or as Director of Eraviputhooradai Primary Agricultural Co-operative Credit Society Limited. In view of these facts, it is claimed by the petitioner herein that he was removed by him on 25.03.2019. This effectively means, after 25.03.2019, Robert Clive is a person nongreta insofar as the society is concerned. Insofar as the records available has been processed he has not challenged the said removal. However, on 29.05.2019 along with seven others he had filed a application/requisition/permission to move a 'No Confidence Motion' as against the petitioner herein, questioning his continuing as a President by the petitioner. This came up for consideration in the earlier writ petition before this Court in W.P.(MD) No. 13451 of 2019. The grounds raised therein was that one of the member who had signed in the said requisition, had withdrawn her signature. It was stated that she has signed on the basis of misrepresentation. The other ground was that since Robert Clive had been removed as was ineligible to request a no confidence motion being moved. Effectively, this means that 2 of the 11 Directors go out. Therefore, an issue was raised whether there was requisite quorum to call for a 'No Confidence Motion' . The learned Single Judge of this Court, by order, dated 13.09.2019, had examined that issue and in the course of the order had stated that, since the requisition failed short of majority, the petitioner Braind Louis can give an requisition to the Registrar who should consider the same and take a decision whether to convene a meeting or not. The first respondent/Deputy Registrar of Societies who took a decision and issued the impugned order, dated 22.11.2019 in Na.Ka.15321/2019 Sa.Pa. However, prior to taking such a decision, the said official also had the benefit of the explanation given by the petitioner herein, dated 13.11.2019.
