MUHAMMED BASHEER Vs. PRAVASI CO OPERATIVE SOCIETY

JUDGEMENT

(1.) The first respondent is a co-operative society registered under the Kerala Co-operative Societies Act, 1969 and the Kerala Co-operative Societies Rules, 1969, hereinafter referred to as the 'Act' and the 'Rules' respectively. The society was formed and was granted registration on 17.3.2012. The petitioner claims to be one of the founder members of the society. The first general body of the society was held on 17.4.2012. On the said date, a committee was constituted and 13 members were elected for managing the affairs of the society for a period of three months. The period of three months for which the Managing Committee was elected, expired on 17.6.2012. However, in spite of the expiry of its term, the committee continued in administration of the society. Finally, on 19.4.2013 as per Ext.P2, the Joint Registrar appointed an Administrator who has been in administration of the society ever since. For the purpose of electing a new Managing Committee of the Society an election has been scheduled as per Ext.P3 proceedings dated 3.8.2013. The actual polling is scheduled to be conducted on 8.9.2013.

(2.) According to the petitioner, as many as 404 persons have been inducted to the membership of the society by the Managing Committee after the expiry of its term and therefore, they are not entitled to continue as members of the society or to exercise voting rights. Therefore, their names are to be removed from the voters' list. For the purpose, the petitioner had submitted Ext.P4 objections to the voters list on 19.8.2013. The time stipulated for submission of objections to the draft voters' list was up to 19.8.2013. Therefore, the petitioner's objections were submitted within time. In spite of the above, it is contended that his objections were not considered. Instead, on the very same day the final voters' list has been published, which is Ext.P5. On the basis of Ext.P5, the polling is also being proceeded with, which is to take place on 8.9.2013. Therefore, the petitioner seeks the issue of appropriate directions for removing the ineligible members from the voters' list and for having an election conducted permitting only the eligible members to participate.

(3.) According to Adv.P.Ramakrishnan, as per the first proviso to Section 28 of the Act the first committee that is to be constituted after a society is registered can continue only for a period of three months. The said period having expired on 17.6.2012, the continuance of the committee thereafter was without any authority whatsoever. It has to be treated that there was no committee in office at all. Therefore, the decision taken by the said committee to induct persons as members of the society is of no consequence and is liable to be ignored. In view of the fact that persons so inducted are not members of the society, their names are liable to be removed from the final voters' list. The counsel therefore seeks the issue of appropriate directions for the purpose. Adv.P.N.Mohanan appears for the second respondent. According to the counsel, the committee had overstayed its term. However, the defect was not noticed because there was no complaint from anyone. According to him, the contention that 404 persons had been admitted by the Managing Committee after the expiry of its term is not correct. 76 persons were inducted as members on 1.6.2012. Therefore, the complaint of the petitioner cannot apply to the said persons. The committee having taken a number of decisions during the period that they continued in office, it is not in the interests of anyone to upset the said decisions at this length of time, it is contended.