P. A. ABRAHAM Vs. B. N. SHYAM KUMAR

JUDGEMENT

(1.) This order shall dispose of four (4) matters; W.A No.437 of 2025 [P.A Abraham and others v. B.N Shyamkumar and Others] arising out of an interim order dtd. 5/2/2025 in WP(C) No.2902 of 2025, WP(C) No.2902 of 2025 [B.N Shyamkumar v. The Joint Registrar of Co-operative Societies (General)] filed by the President of the Society challenging the notice Ext.P2 dtd. 18/1/2025 whereby the Joint Registrar had appointed an Officer to consider the resolution dtd. 8/1/2025 passed by the members of the Board of Directors expressing no-confidence motion against the President, WP(C) No.1307 of 2025 [P.A Abraham and Others v. Joint Registrar of Cooperative Societies and Others] for seeking a writ of mandamus directing the Joint Registrar to take further steps for appointing a Presiding officer or fixing a date for consideration of no-confidence motion, WP(C) No.3398 of 2025 [Rehna v. and another v. Joint Registrar of Co-operative Societies(General) and Others] for quashing notice issued by the Joint Registrar, Thiruvananthapuram dtd. 16/1/2025 taking action of disqualification of the petitioner on the basis of the receipt of the complaint of Sri.Santhosh Kumar being a defaulter as per the provisions of Rule 44 (1) (c) of the Cooperative Societies Rules.

(2.) The crux of the controversy in all these matters is common and therefore are being disposed of by a common judgment. The controversy involved is that out of 13 members, 1/3rd member ie., 7 had on 8/1/2025 passed a resolution of noconfidence motion against the President Sri.B.N Shyamkumar, writ petitioner in WP(C) No.2902 of 2025. On receipt of the notice, the President submitted an application to the Joint Registrar that two of the members have been disqualified being in default and regarding two members have submitted resignation on 7/1/2025.

(3.) On the receipt of the aforementioned no-confidence motion and as well as the letter submitted by the respondent, the then President, that the resolution of no-confidence was lacking full quorum on account of two ambiguities ie., disqualification and default, therefore could not be acted upon, the Joint Registrar General vide order dtd. 16/1/2025 issued a notice to the members against whom the allegation of disqualification either on account of fault or of resignation, which according to the appellants in the writ appeal is fabricated.