KOTTAPPADY SERVICE CO OP BANK Vs. ASST REGISTRAR

JUDGEMENT

(1.) This batch of cases is a typical example of the proliferation of cases in the cooperative sector and of the sector constituting a fertile field of litigation in this court. The projected election to the managing committee of a cooperative society has sparked off altogether five writ petitions just in the course of about six weeks. I shall state the bare facts necessary for the disposal of these cases.

(2.) The term of office of the managing committee of the Kottapady Service Cooperative Bank Ltd., a society registered under the Kerala Cooperative Societies Act, 1969 (hereinafter referred to as the Bank) is expiring on July 12, 1984. The managing committee in office passed a resolution on April 22, 1994 to hold the election on July 10, 1994, two days prior to their laying down office. I may at once state that there is no dispute about the validity of this resolution. The resolution was duly communicated to the authorities with request to appoint a Returning Officer. No appointment was made as requested, which resulted in the managing committee filing O.P.No.6890 of 1994 on May 25, 1994, for the issue of a writ of mandamus commanding the Assistant Registrar of Cooperative Societies to appoint a Returning Officer to conduct the proposed election.

(3.) In the meanwhile and on May 23, 1994, the Assistant Registrar had passed an order rejecting the prayer for appointment of a Returning Officer. He filed a counter affidavit putting forward this order as a defence to O.P.No.6890 of 1994. I shall come to the reasons for the rejection of the request and for the non appointment of the Returning Officer later. Suffice it to say, on receipt of this counter affidavit, the petitioner in O.P.No.6890 of 1994 filed C.M.P.No.13005 of 1994 to amend the writ petition incorporating a prayer for quashing the proceedings of the Assistant Registrar dated May 23, 1994. They also filed another writ petition O.P.No.7473 of 1994 challenging the said order which is marked Ext. P1 therein. I shall refer to this order of the Assistant Registrar as Ext. P1 for purpose of convenience of reference and discussion.