JOHN Vs. JOINT REGISTRAR

JUDGEMENT

(1.) THE petitioner is a member of the third respondent the chakkittapara Service Co-operative Bank Ltd. . (the society) which is a co-operative Society registered under the Kerala Co-operative Societies Act. 1969 (the act ). He is 'very much interested in the smooth functioning of the society". THE managing committee of the Society which had been elected on september 26. 1987 ceased to hold office on February 7. 1992 on the promulgation of the Kerala Co-operative Societies (Amendment) Ordinance 3 of 1992. by which a proviso was added to sub-section (1) of S. 28 reducing the term of office of managing committees of all co-operative societies to three years. THE Ordinance also introduced sub section (1a) in the section providing for the appointment of a committee or an Administrator or Administrators in cases where the terms of the managing committee stood expired under the newly introduced proviso to sub-section (1) of S. 28. Section 28 (1a) reads:- " Where the committee of a society has ceased to be in existence as provided in the third proviso to sub section (1 ). the Registrar shall appoint - (i) a new committee consisting of not more than three members of the society; or (ii) one or more administrator or administrators. who need not be a member or members of the society. to manage the affairs of the society for a period not exceeding six months as may be specified in the order. which period may. at the discretion of Registrar and for reasons to be recorded in writing be extended from time to time. so however. that the aggregate period shall not. in any case. exceed in more than one year or till the new committee enters upon office. whichever is earlier. " Accordingly. an administrator was appointed to the third respondent society. He is the fourth respondent and h i is now in management of the society.

(2.) APPARENTLY anticipating the promulgation of the ordinance. the managing committee passed a resolution on January 29. 1992 resolving to hold elections to the managing committee on June 7. 1992. It is stated that a copy of this resolution was forwarded to the Assistant Registrar of Co-operative Societies. the second respondent with request to appoint a returning Officer. This request was not complied with and no Returning Officer was appointed. for that matter the request was not also turned down. It was in that context the original petition was filed.

(3.) COUNSEL for the petitioner develops his contention regarding the fourth respondent Administrator's power to enrol new members. this way. He refers to Ss. 32 and 33 of the Act. S. 32 deals with supersession of the managing committee in certain contingencies. It provides that if the registrar is satisfied that the committee of any society persistently makes default or is negligent in the performance of its duties or commits any act which is prejudicial to the interests of the society or wilfully disobeys or fails to comply with any lawful order or direction issued under the Act or the rules. the Registrar may. after following the procedure prescribed. appoint a new committee consisting of not more than three members of the society or appoint one or more administrator or administrators. who need not be a member or members of the society to manage its affairs. S. 33 deals with cases where the term of office of a committee has expired and a new committee has not been constituted. or where a no confidence motion is passed against the existing committee. or where the committee resigns enbloc or where vacancies occur in the committee. either by resignation or otherwise. and the number of remaining members cannot constitute the quorum for the meeting of the committee or where the committee fails to hold its regular meetings consecutively for six months or where the Registrar is satisfied that a new committee cannot be constituted before the expiry of the term of the existing committee. or that the new committee is prevented from entering upon office or fails to enter upon office. In any of these contingencies. the Registrar may either suomotu or on the application of any member of the society appoint either an administrative committee of three members or one or more administrators to manage the affairs of the society till a new committee enters upon the office. Sub-section (4) of s. 32 and sub-section (2) of S. 33 provide that the committee or the administrator or administrators shall. subject to the control of the Registrar and to such instructions as he may from time to time give. have power to exercise all or any of the functions of the managing committee or of any officer of the society and take all such action as may be required in the interests of the society.