High Court Kerala High Court

K.K.Viswanathan Master vs Registrar Of Co-Op. Societies on 10 August, 2006

Kerala High Court
K.K.Viswanathan Master vs Registrar Of Co-Op. Societies on 10 August, 2006
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 19522 of 2006(Y)


1. K.K.VISWANATHAN MASTER,
                      ...  Petitioner

                        Vs



1. REGISTRAR OF CO-OP. SOCIETIES,
                       ...       Respondent

2. K.NARAYANAN, ASST.REGISTRAR OF

3. JOINT REGISTRAR OF CO-OP.SOCIETIES

4. GENERAL MANAGER,

                For Petitioner  :SRI.P.N.MOHANAN

                For Respondent  :GOVERNMENT PLEADER

The Hon'ble MR. Justice K.THANKAPPAN

 Dated :10/08/2006

 O R D E R
                                 K.THANKAPPAN, J.
                             ------------------------------------
                             W.P.(C)NO. 19522 OF 2006
                             ------------------------------------


                        Dated this the 10th day of August, 2006


                                      JUDGMENT

Challenging Ext.P4 order issued by the first respondent – Registrar of Co-

operative Societies, Thiruvananthapuram, the petitioner filed this Writ Petition.

The reliefs sought for by the petitioner are to quash Ext.P4 and to give a direction

to the first respondent to nominate the representatives of the Government in the

committee of the District Co-operative Bank, Wayanad.

2. The petitioner is the Vice President of the District Co-operative Bank,

Wayanad. The management of the Bank is by a committee constituted both

under Section 28 and 31 of the Kerala Co-operative Societies Act, 1969

(hereinafter referred to as “the Act”). Section 31 of the Act deals with the power

of the Government to nominate their nominees to the managing committee if the

apex society to protect the interest of the Government. Section 28 of the Act

deals with the appointment of the committee members by the general body of the

apex or central society. The committee of the petitioner’s bank consists of ten

members, seven members appointed by the general body and three members

W.P.(C)NO.19522/2006 2

nominated by the Government. Out of the ten committee members one died and

one resigned from the Bank and the three members nominated by the

Government also submitted their resignation. In such circumstances, there was

no quorum for the functioning of the committee and the Registrar, the authority

as per law, intervened and appointed an Administrator as per Ext.P4 order to

look after the day-to-day affairs of the Bank.

3. Learned counsel appearing for the petitioner submits that the committee

of the bank will not cease to exist only on account of the resignation of the

members nominated by the Government and the resignation of one of the elected

members of the committee even though there occurred stalemate. The

petitioner has another contention that the resignation letters submitted by the

nominated members were not handed over to the President as per Rule 38 of the

Kerala Co-operative Societies Rules, 1969 (hereinafter referred to as “the

Rules”). It is the further case of the petitioner that though Section 33 of the Act

enables the Registrar to appoint an Administrator for a specific period in order to

overcome the stalemate that occurred in the functioning of the committee, unless

and until the term of the committee has expired, it cannot be said that the

committee does not exist as far as the Bank is concerned. The petitioner also has

a case that when the resignation submitted by the nominated members are

accepted, it is the duty of the Government or the competent authority to nominate

fresh members as contemplated under Section 31 of the Act and Rule 37 of the

W.P.(C)NO.19522/2006 3

Rules.

4. Heard the learned Government Pleader and also the learned counsel

appearing for the 4th respondent, General Manager of the Bank. Considering the

questions raised, it can be seen that as per Section 31 of the Act and Rule 37 of

the Rules, the Government can nominate members and the committee can be

constituted under Rule 38 of the Rules on following the procedures prescribed

therein. It is an admitted fact that one of the elected committee member died and

another resigned. It is also an admitted fact that three of the members nominated

by the Government submitted their resignation letters which were accepted.

That means there is no quorum for the committee to function. At this juncture,

it is the duty of the authority to appoint an officer as Administrator to look after

the day-to-day affairs of the Bank and the first respondent has done so by Ext.P4

order. Hence, this Court is of the view that Ext.P4 is perfectly valid and

justifiable.

5. With regard to the contention that as and when the members

nominated by the Government resigned and their resignation was accepted, it was

the duty of the Government or the competent authority to nominate such

members so as to revive the functioning of the committee, it is to be noted that

even though as per the provisions of Rule 37 of the Rules, it is the duty of the

Government or the competent authority to nominate fresh members, the necessity

W.P.(C)NO.19522/2006 4

of such nomination should be brought to the notice of the competent authority by

the remaining members of the committee. This Court is not expected to give a

direction to that effect. It is left to the petitioner or the remaining members of

the committee to file a representation before the Government or the authority

concerned to nominate members as per the provisions of the Act and the Rules so

as to fill up the quorum of the committee. If such a representation is received by

the authority concerned, the same shall be considered according to law.

With the above observations, the Writ Petition is disposed of.

(K.THANKAPPAN, JUDGE)

sp/

W.P.(C)NO.19522/2006 5

C.R.

K.THANKAPPAN, J.

W.P.(C)NO.19522/2006

JUDGMENT

W.P.(C)NO.19522/2006 6

10TH AUGUST, 2006.