DIVAKARAN Vs. JOINT REGISTRAR OF CO OPERATIVE SOCIETIES

JUDGEMENT

(1.) The Writ Petition is filed under Art. 226 of the Constitution of India to quash the order issued by the Joint Registrar (General) Palakkad on the ground that there is procedural irregularities in the order and seeking a direction to the 1st respondent to convene a meeting of the Managing Committee to decide the question whether the resignation of the members from the Managing Committee could be accepted or not. The petitioners are the Director Board members of the Karakurissi Service Co-operative Bank Ltd. in Palakkad District. On 4.5.2009, respondents 4 to 6, who were members of the 2nd respondent, submitted their resignation, which was accepted by the President. Later, on 9.5.2009 at 10 a.m. the President convened the Managing Committee meeting and referred the resignation letter to the Joint Registrar of Co-operative Societies, Palakkad for obtaining legal opinion. After getting opinion, petitioners and other members of the Managing Committee requested the Secretary to convene a meeting to decide on the question of acceptance of resignation, which is not possible according to the provisions of the Act. Hence the Writ Petition. In the counter affidavit of the 1st and 3rd respondents, it is stated that the resignation will come into effect from the tender of resignation itself. The 1st respondent contended that the Joint Registrar had simply explained the rule and it is not a mandatory direction. The 3rd respondent submitted that Explanation to the S. 33(1) says that a tender of resignation by a member of the committee shall have effect of terminating his membership from the committee. Thus it can be seen that an elected member of a committee on tendering resignation loses his membership in the committee forthwith. There is no requirement that the committee has to accept the resignation and the Rule does not empower the committee to reject the resignation.

(2.) The Managing Committee of the Society consists of 9 members selected in the year 2007 of which three of them resigned. The quorum of the Managing Committee will be five and therefore, there is no reduction in the quorum since six members are there in the Managing Committee. Respondents 4 to 6 submitted resignation on the ground that they have no confidence in the existing President. Since there was no reduction in the quorum of the Managing Committee required for the transaction of the business, President can act on the basis of existing strength.

(3.) Section 33 of the Co-operative Societies Act 1969, reads as follows: