High Court Kerala High Court

Anad Farmer’S Service … vs The Joint Registrar Of on 13 March, 2007

Kerala High Court
Anad Farmer’S Service … vs The Joint Registrar Of on 13 March, 2007
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 30528 of 2005(H)


1. ANAD FARMER'S SERVICE CO-OPERATIVE
                      ...  Petitioner

                        Vs



1. THE JOINT REGISTRAR OF
                       ...       Respondent

2. THE DISTRICT CO-OPERATIVE BANK,

3. G. JAYAKUMAR @ ANAD JAYAN,

                For Petitioner  :SRI.V.N.ACHUTHA KURUP (SR.)

                For Respondent  :SRI.T.R.RAMACHANDRAN NAIR(SC T.D.CO-OPB

The Hon'ble MR. Justice PIUS C.KURIAKOSE

 Dated :13/03/2007

 O R D E R


                           PIUS C. KURIAKOSE,J.

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                   W.P.(C)Nos.30528 & 35087  of 2005

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                           Dated: 13th March, 2007


                                  JUDGMENT

W.P.C.No.30528 of 2005 has been filed by the Anad Farmer’s

Service Co-operative Bank Ltd. arraying the Joint Registrar of Co-

operative Societies(General), Trivandrum, the District Co-operative

Bank, Thiruvananthapuram and one G.Jayakumar @ Anad Jayan as

respondents seeking a writ of mandamus commanding respondents 1

and 2 to take immediate steps for allowing Sri.B.Appukuttan Nair who

had been delegated to the 2nd respondent-Bank to assume charge

after removing the third respondent who had been nominated as the

delegate of the petitioner-Bank to the 2nd respondent-Bank and also

for a declaration that the delegation of the third respondent to

represent the petitioner-Bank in the 2nd respondent-Bank ceased to

exist with effect from 8.1.2004, the date on which the newly elected

committee assumed charge. The petitioner-Bank states that the

elected committee of the Bank had been removed and an

Administrative Committee assumed office for the administration of

the Bank in December, 2001. The third respondent was a member of

the Administrative Committee. The Administrative Committee

nominated the third respondent as the delegate of the Bank to the 2nd

respondent-Bank. The Administrative Committee was removed when

W.P.C.Nos.30528 & 35087/05 – 2 –

a new Committee was elected on 28.12.2003. The new Committee

assumed charge on 8.1.2004. The new Committee adopted Ext.P2

resolution on 17.1.2004 to withdraw the nomination of the third

respondent to the 2nd respondent-Bank and to nominate

Sri.B.Appukuttan Nair, a member of the Director Board of the

petitioner-Bank as delegate of the Bank to the 2nd respondent-Bank.

Even though copies of Ext.P2 had been forwarded to the 2nd

respondent and also to the 1st respondent, no steps have been taken

for withdrawing the nomination of the third respondent and to bring

into effect the nomination of Appukuttan Nair as delegate of the Bank

to the 2nd respondent-Bank in spite of several requests in that regard.

Various letters were sent on behalf of the Bank by the President to

the 1st respondent reminding him about Ext.P2 resolution. But those

letters were of no avail. Finally the first respondent was requested to

take urgent steps for recognising Mr.Appukuttan Nair as delegate of

the Bank to the District Co-operative Bank and allow him to assume

charge as such. Ext.P3 is copy of that letter. The grievance of the

petitioner is that no steps have been taken on Ext.P3 so far. It is on

the above averments that the petitioner refers to Rule 46(a) and (g)

of the Kerala Co-operative Societies Rules and have filed the Writ

W.P.C.Nos.30528 & 35087/05 – 3 –

Petition for the reliefs already indicated.

2. W.P.C.No.35087 of 2005 is filed by Sri.Anad Jayan, the third

respondent in W.P.C.No.30528 of 2005 arraying the Registrar of Co-

operative Societies, Thiruvananthapuram, the District Co-operative

Bank, Thiruvananthapuram, Anad Farmer’s Service Co-operative

Bank, Thiruvananthapuram and Sri.Appukuttan Nair as respondents.

Ext.P1 is copy of the resolution by which the petitioner was delegated

to the District Co-operative Bank, Thiruvananthapuram and Ext.P1(a)

is the authorisation to the petitioner for contesting election to the

Director Board of the District Co-operative Bank, Trivandrum. The

petitioner submits that he was sent as delegate of the Anad Farmers

Service Co-operative Bank at a time when that Bank was managed by

a U.D.F.Board. But in the subsequent election the administration of

the Bank has fallen into the hands of the L.D.F.Board. So the

L.D.F.Board has withdrawn the petitioner’s delegation on 17.1.2004

and deputed the 4th respondent as delegate to the 2nd respondent-

Bank. Alleging that the untimely withdrawal of delegation of the

petitioner is a political game to see that a U.D.F. member looses his

Director Board membership in the District Co-operative Bank and an

attempt to topple the Board of Directors of the District Co-operative

W.P.C.Nos.30528 & 35087/05 – 4 –

Bank itself, the petitioner has filed this Writ Petition seeking the

following reliefs:

1. A writ of mandamus commanding respondents 1 and 3 not to take

any action for the petitioner loosing his membership in the Board of

Directors of the 2nd respondent-Bank before the expiry of the term for

which he was elected to the Board.

2. A declaration that by withdrawal of delegation of the petitioner in

the general body of the District Co-operative Bank,

Thiruvananthapuram his election to the Board of Directors of the

Bank is not affected as his election to the Board was as a result of

expression of desire of the members of the general body of that

Bank.

3. A declaration that election to a Board can be set aside only by a

properly constituted election petition as per Section 69 of the Kerala

Co-operative Societies Act and that the same cannot be allowed to be

achieved indirectly by withdrawal of his delegation as it is ultra vires

to the provisions of the Kerala Co-operative Societies Act.

3. I have heard the submissions of Mr.V.N.Achutha Kurup,

Senior Counsel for the petitioner in W.P.C.No.30528 of 2005,

Mr.D.Somasundaram, counsel for the petitioner in W.P.C.No.35087 of

W.P.C.Nos.30528 & 35087/05 – 5 –

2005 and Mr.T.R.Harikumar, Standing Counsel for the Trivandrum

District Co-operative Bank Ltd. My attention was drawn by the

counsel to Section 28 of the Co-operative Societies Act and Rule 46

(a) and (g) of the Kerala Co-operative Societies Rules. Counsel places

reliance on various judicial precedents particularly the judgment of

the Division Bench of this court in K.N.Gangadharan Nair v.

George O.Thettayil (1993(2) K.L.J. 864).

4. Having considered the rival submissions addressed at the bar

and having gone through the statutory provisions, namely Rules 46

(a) and (g) of the Kerala Co-operative Societies Rules, 1969 and the

Division Bench judgment of this court in K.N.Gangadharan Nair v.

George O.Thettayil (1993(2) K.L.J. 864), I am of the view that

since Anad Jayan ceased to be a member of the Committee of the

Anad Farmer’s Service Co-operative Bank Ltd., his delegation by that

Bank to the Director Board of the Central Society, the

Thiruvananthapuram District Co-operative Bank Ltd. also ceases.

Under these circumstances, Writ Petition No.35087 of 2005 will

stand dismissed and Writ Petition No.30528 of 2005 will stand

disposed of directing respondents 1 and 2 therein to take immediate

steps for allowing Mr.B.Appukuttan Nair who had already been

W.P.C.Nos.30528 & 35087/05 – 6 –

delegated by the 2nd respondent-Bank to assume charge after

removing the third respondent if Mr.Appukuttan Nair has not already

been permitted to assume charge of the Director Board of the District

Co-operative Bank. The needful will be done by respondents 1 and 2

in W.P.C.No.30528 of 2005 within two weeks of receiving a copy of

this judgment.

srd                                             PIUS C.KURIAKOSE, JUDGE