IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C) No. 30213 of 2006(V)
1. BIJU C.S., AGED 31 YEARS,
... Petitioner
Vs
1. THE DEPUTY DIRECTOR, IDUKKI,
... Respondent
2. KOCHUTHOVALA SHREEROLPATHAKA CO-OP.
3. THE ADMINISTRATIVE COMMITTEE OF THE
For Petitioner :SRI.JOICE GEORGE
For Respondent :SRI.BABY MATHEW
The Hon'ble MR. Justice J.M.JAMES
Dated :04/12/2006
O R D E R
J.M.JAMES, J.
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W.P.(C) No. 30213 of 2006 (V)
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Dated this the 4th day of December, 2006
J U D G M E N T
Through Exhibit P1 order dated 21/08/2006, the second
respondent Society was appointed with Administrators, under Rule
35 of the Kerala Co-operative Societies Rules, 1969, in short ‘the
Rules’. It was directed through Exhibit P1 that the administrators
of the Society shall take steps to conduct an election to the new
committee, according to Rule 35 of the Rules.
2. The grievance of the writ petitioner is that, though
the Administrators took over the management of the second
respondent Society, on 21/08/2006 itself, no steps had been taken
so far, to proceed under Rule 35(1) of the Rules. Therefore, it is
prayed by the writ petitioner, who is a member of the second
respondent Society, to direct respondents 1 to 3 to conduct an
election to the managing committee of the second respondent
Society, before the expiry of six months period as stipulated in
Exhibit P1 order dated 21/08/2006.
W.P.(C) No.30213/2006 (V)
2
3. After hearing both sides and considering the
submissions made by either side, I dispose of the writ petition with
the following directions:-
i. The Administrators, who have been appointed as
per Exhibit P1 order dated 21/08/2006, shall comply
with the directions contained in Rule 35 of the Rules,
so that a new committee to the second respondent
Society would be selected.
ii. A resolution, as required under Rule 35(1) shall
be passed before 60 days in advance of the date of
expiration of the term of the present Administrators,
and fix date, time and place for conduct of the
election of the new committee.
iii. A copy of the resolution so passed shall be sent
to the Registrar by registered post within a week.
iv. On receipt of the said resolution, the Registrar
shall proceed under Sub Rule 2 of Rule 35.
(J.M.JAMES)
Judge
ms