JOSE PAUL VITHAYATHIL Vs. JOINT REGISTRAR GENERAL

JUDGEMENT

(1.) The petitioner is a member of the second respondent Co-operative Society. By separate judgment delivered today, I have disposed of WP(C). No. 7143/2005 filed in relation to a no-confidence motion against an elected member of the Society, who is also the honorary Secretary. This Writ Petition was filed during the pendency of the aforesaid Writ Petition.

(2.) The petitioner herein seeks a direction to the first respondent, Joint Registrar, to convene an extra-ordinary meeting of the Society for considering a no-confidence motion by the petitioner against the committee of the Society. According to the petitioner, for different reasons, Ext.P2, a requisition in writing, was made by l/5th of the total number of the members and following the inaction on the said requisition, the petitioner approached the first respondent on 5-3-2005, making Ext.P4 request and no proceedings have been initiated by the first respondent to convene the meeting pursuant to Ext,P4. in spite of a further written submission, Ext.P5. On such allegations, the petitioner seeks the issuance of a writ of mandamus directing the first respondent to convene an extra-ordinary meeting of the members of the Society, for the purpose of considering the no-confidence motion.

(3.) Respondents 2 and 3, namely, the Society and its Managing Committee, have filed a counter-affidavit stating, among other things, that following the actions of the petitioner in WP(C).No. 7143/2005 (Mr.K.T.Mattachan), there was a stalemate in the administration of the Society since the said person had unlawfully retained the books and other records that the same could be retrieved only by recourse to Section 34 of the Kerala Co-operative Societies Act (hereinafter referred to as the "Act"), by the intervention of the Revenue Divisional Officer and the police and that no requisition in the nature of Ext.P2 has ever been received by the Society. It is also the assertion of respondents 2 and 3 that the petitioner in this case is a close associate and supporter of Mr. Mattachan, the petitioner in WP(C).No. 7143/2005.