V V SAMUEL Vs. STATE OF KERALA

JUDGEMENT

(1.) A somewhat important question arises for consideration in this Original Petition and it can be stated thus: Can the power conferred on the Registrar under sub-s.(5) & (6) of S.12 of the Kerala Cooperative Societies Act, 1969 (for short "the Act") be properly exercised for the purpose of amending the bye laws in such a manner as to ensure effective control of the administration of the Society in the hands of Government officials as against elected members of the Society by incorporating a provision for appointment of Government officials as Ex Officio members of the Managing Committee more than half in number on the ground that the Government has got a vital interest in the Society to be safeguarded and is interested in the better management of the Society The question has to be considered in the background that the general body of the Society has actually passed a resolution practically unanimously to amend the relevant bye laws by providing for the constitution of a Managing Committee consisting of 11 members of which 8 are to be elected from the members of the Society and the remaining 3 to be nominated by the Government taking note of the substantial assistance provided by the State for the formation of the Society and the Registrar has refused to register such an amendment.

(2.) Facts relevant are thus: Petitioners are members of the 4th respondent Vechoochira Ex-servicemen Multipurpose Cooperative Colony Ltd. No. 3471, Vechoochira (for short "the Society"). The Society was actually formed as part of a scheme evolved by the erstwhile Travancore - Cochin Government to rehabilitate the Ex-Servicemen who served the Trav-Coch. Armed Forces and the Indian Army. An extent of 1500 acres of forest land was allotted for the purpose of establishing the colony in Vechoochira. Out of the total extent, 1200 acres were allotted to 300 Ex-Servicemen, 4 acres per head on condition that the allottees have to cultivate the land and settle down in the colony itself. As per the bye laws of the Society membership is restricted to the allottees of the land subject to the condition that each member is entitled to name a person to be the member of the Society after his death. Clause No. 15 of the bye laws as it existed at the time when the Society was formed provided for the constitution of a Managing Committee consisting of 11 members of which 5 is to be elected from and out of the general body of members of the Society and the remaining six to be nominated by the Government. The six nominees of the Government are indicated by the names of the post they occupy. It is relevant to note at this stage itself that the bye laws of the Society were framed providing for nominated members to be in the Managing Committee before amendment of the provisions contained in S.28 and 31 of the Act by the Kerala Cooperative Societies (Amendment) Act, 1987.

(3.) At the time when the amending Act came into force, the petitioners and three other members were in the Managing Committee along with six nominated members. First petitioner was acting as the Honorary Secretary of the Society. When S.28 and 31 were amended deleting the provisions allowing nominated members to be in the Managing Committee of the Societies other than certain apex and central Societies as provided in the amended provisions contained in S.31 of the Act, the Committee was superseded and in its place an Administrative Committee consisting of the members of the superseded Committee was appointed by the Registrar as per his order dated 21-4-1988. The term of the said Committee was for a period of 4 months from the date of taking charge. However, the term of the Committee was extended from time to time and thereafter election has not been conducted so far in the Society due to various reasons.