VIJAYAKUMAR Vs. DEPUTY DIRECTOR

JUDGEMENT

(1.) THE writ petition is filed seeking the following reliefs:

(2.) THE 3rd respondent Society is presently administered by an administrative committee consisting of respondents 4 to 6. The elected committee was superseded by the Deputy Registrar invoking the provisions of Section 32 of the Kerala Co-operative Societies Act. Immediately after supersession of the elected committee, the Dairy Development Extension Officer was nominated as the administrative officer. Subsequently, administrator was replaced by respondents 4 to 6.

(3.) THE question as to whether the administrator or administrative committee can enroll members was considered by this Court in the decision reported in Karunakaran Pillai v. Venugopala Pillai (2005 (3) KLT 348) in which it was held that the administrative committee cannot enroll members. It was also held that such enrollment is illegal as per the decisions of the Apex Court in Joint Registrar of Co-operative Societies v. T.A.Kuttappan and others (2006 (6) SCC 127) and Shantharaj and another v. Nagaraj and others (1997(6)SCC 37). In the light of the settled legal position, it is clear that the enrollment of 81 members is illegal and the newly enrolled members have no legal right to cast their vote in the ensuing election. Going by the dates of enrollment, it is also clear that the new members were enrolled in violation of the settled legal position.