SASI Vs. REGISTRAR OF CO OP SOC

JUDGEMENT

(1.) The Registrar of Co-operative Societies by order dated 24-7-1992 appointed the Joint Registrar of Co-operative Societies, Kannur as part-time administrator of Regional Agro-Industrial Development Co-operative Ltd. (RAIDCO for short) for a period of six months or till an elected Board take charge, whichever is earlier. The administrator was directed to take charge immediately and take further urgent steps to constitute a new elected committee at the earliest. The reason for appointing a new administrator is stated to be that the strength of the members of the managing committee has been reduced to 3 and that cannot constitute the required quorum. The Registrar has therefore acted under Section 33 of the Cooperative Societies Act 10 remove the administrative stalemate in the society. Challenging this order the managing committee filed the O. P. seeking to quash the order and a direction permitting them and other elected members to continue in office. Along with the O, P. this C. M. P was also filed requesting stay of operation of the order of the Registrar. Notice was given to the Government Pleader. He represented that the administrator has taken charge. This was disputed by counsel for the petitioner who submitted that the administrator had not so for taken charge of the administrator. In the circumstances interim stay was granted on condition that the order will take effect only if the administrator has not taken charge by then.

(2.) A counter affidavit was filed by the administrator, the Joint Registrar of Co-operative Societies, Kannur wherein it is inter alia stated that he had been appointed as administrator to manage the affairs of RAIDCO. He had been to Thiruvananthapuram on the 23rd and 24th of July. Copies of the proceedings of the Registrar addressed to him and the General Manager of RAIDCO were handed over to him. He had proceeded to the office of RAIDCO on 25-7-1992. At 10.30 a.m. the copies of the order were handed over to the General Manager. Since the General Manager refused to handover the minutes book of the society, he opened a new minutes book and the fact of taking charge as administrator on the fore-noon of 25-7-92 was recorded therein. The Registrar of Co-operative Societies was informed of taking charge. Various newspapers had also reported this fact. He attended the office on 27-7-92 and verified the day book and vouchers and attested the day book. The General Manager was not in the office at that time. The administrator is alleged to have been threatened, over telephone. Accompanied by a team of policemen led, by the Circle Inspector of Police he went to the office on 28-7-1992 at 4 p.m. A large crowed had gathered and they started threatening him. He proceeded to Ernakulam during the night of 28-7-1992 and gave instructions for preparing the counter affidavit.

(3.) The 4th respondent in the O. P., the General Manager of RAIDCO, is not a party to this civil miscellaneous petition. A counter affidavit was filed by him supporting the petitioners and denying the averments in the counter affidavit of the Joint Registrar regarding the taking charge of office on 25-7-1992. It is stated that he was away on 25-7-1992 and that none of the officers of the Department had gone to the office or handed over any order to him. He was present in the office during office hours on 27-7-1992. No order was served on him, nor did the administrator go to the society's office on that day. The Joint Registrar had gone there with the assistance of policemen at 4.30 p.m. on 28-7-92. He did not verify any records. He checked certain records and left the place. The minutes book and other relevant records were in the office. The Joint Registrar who was appointed as the administrator had not taken charge of the affairs of the society. The 4th respondent claims to be in manage ment of the affairs of the society. Though the 4th respondent is not made a part) to this C. M.P., the counter affidavit filed by him was received and Sri, T. P. Kelu Nambiar, learned counsel for the 4th respondent, was also heard since 4th respondent is a party to the O. P. and he is the proper person in charge of the day to day affairs of the society.