R THULASEEDHARAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The General Manager, District Industries Centre, Thiruvananthapuram (the Respondent No. 2) in his capacity as Arbitrator exercising the powers under S.69 of the Kerala Cooperative Societies Act decided the dispute in regard to the election to the Managing Committee of the Kalamachal Handloom Weavers Cooperative Society, (the Respondent No. 4). By his award dated 30-1-1993, he set aside the election to the Managing Committee of the aforesaid Society. Since the Committee in office ceased to exist, the Registrar of Cooperative Societies by order No. CS9/1001/ 93 dated 5-2-1993 (Ext. P2) appointed G. Chandrasekharan Pillai, the Respondent No. 3, as the Administrator for a period of six months. The term of six months has since been extended up to 5-8-1994. The order purports to have been made under S.32 of the Kerala Cooperative Societies Act (hereinafter referred to as "the Act"). According to the Petitioners, the Order No. CS9/1001/93 dated 5-2-1993 (Ext. P2) appointing the Administrator and the subsequent orders extending the terms of office of the Administrator are in reality orders appointing Administrator under S.33 of the Act. S.33 of the Act enables appointment of Administrator for a period of six months which may be extended up to a maximum period of one year. The extension of the term of the Administrator, beyond one year which expired on 5-2-1994 is beyond the authority granted by S.33 of the Act. The petitioners impugn the continued appointment of the Administrator.

(2.) The first question is whether, as urged by the learned Government Pleader, the Order dated 5-2-1993 (Ext. P2) and the orders extending the term of office of the Administrator are made under S.32 of the Act. In order to attract S.32 of the Act, the circumstances set out in sub-s.(1) of S.32 must exist. One or more of the following facts must exist before the action under sub-s.(1) of S.32 can be resorted to:

(3.) There may be situations where the Committee ceases to exist in circumstances which may be characterised as innocent. These circumstances have been enumerated in sub-s.(1) of S.33 of the Act which also empowers the Registrar to appoint an Administrator. The expiry of the term of a Committee and the omission to constitute a new one, the Committee losing confidence of the members or resignation by the members of the Committee, are some of the circumstances which create vacuum and call for appointment of Administrator under S.33 of the Act. These circumstances are not exhaustive. Vacancies may occur in the Committee either by resignation or as in this case, "otherwise". The word "otherwise" following the various situations creating a vacuum in administration used in sub-s.(1) of S.33 is all embracing and includes a situation in which the election to the Committee is set aside.