IN THE HIGH COURT OF KERALA AT ERNAKULAM WP(C).No. 37517 of 2010(L) 1. PADMANABHA KURUP N., ... Petitioner 2. A.RAMACHANDRAN NAIR, Vs 1. STATE OF KERALA, ... Respondent 2. KARUMADY MILK PRODUCERS CO-OP.SOCIETY 3. THE PRESIDENT, 4. THE SECRETARY, For Petitioner :SRI.R.SATISH KUMAR For Respondent : No Appearance The Hon'ble MR. Justice C.T.RAVIKUMAR Dated :20/12/2010 O R D E R C.T.RAVIKUMAR, J. ---------------------------- W.P.(C)No.37517 of 2010 ---------------------------- Dated 20th December, 2010 JUDGMENT
The petitioners are the managing committee members of the
second respondent society. According to the petitioners, Ext.P10
resolution has been passed by the managing committee without notice to
all the members of the committee. That apart, according to them, the
selection process for the purpose of effecting recruitment to the post of
Secretary of the second respondent society has been initiated against the
provisions of the bye-law of the second respondent, the relevant circulars
issued by the Registrar and also against the relevant provisions under
the Kerala Co-operative Societies Act and the Rules. In short, evidently,
the grievance of the petitioners is against Ext.P10 resolution on the
ground that it has been passed without notice to them and in violation of
the bye-law, the relevant circulars and the Kerala Co-operative Societies
Act and the Rules. It is further submitted that based on Ext.P10 the
second respondent has issued Ext.P6 notification calling applications for
appointment to the post of Secretary of the second respondent society. I
am of the considered view that in case the petitioner is aggrieved by
Ext.P10 resolution and the consequential issuance of notification as per
Ext.P6, the petitioner has to approach the competent authority in terms
WP(C).No.37517/2010 2
of Rule 176 of the Kerala Co-operative Societies Rules to rescind
Ext.P10 resolution. Therefore, this writ petition is disposed of reserving
the right of the petitioners to challenge Ext.P10 resolution in accordance
with the provisions under Rule 176 of the Kerala Co-operative Societies
Rules.
Sd/-
C.T.RAVIKUMAR
Judge
TKS
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P.S. to Judge