S V GOPAKUMAR Vs. S L SAJIKUMAR

JUDGEMENT

(1.) The only question arising for consideration in this Writ Appeal before us is as to whether a resolution adopting a no-confidence motion against the President of a Cooperative Society is capable of being rescinded by the Registrar of Co-operative Societies under Rule 176 of the Co-operative Societies Rules or whether the same could only be canvassed in an election dispute under Section 69 of the Kerala Co-operative Societies Act (for short 'the Act').

(2.) The facts of the case fall in a very narrow compass. The 1st respondent in this Writ Appeal was elected as the President of the Neyyattinkara Government Servants Co-operative Society Ltd. No. (T) 280 on 1-6-2003. On 24-8-2006, a meeting of the managing committee passed a no-confidence motion moved by seven members of the Society against the 1st respondent as evidenced by Ext. P1. Alleging that this resolution was passed in violation of the procedure prescribed by Rule 43A of the Rules, the 1st respondent filed Ext. P3 complaint before the Joint Registrar of Co-operative Societies and filed W.P.(C) No. 27173/2006 seeking a direction to the Joint Registrar to dispose of the same expeditiously. Simultaneously, he also challenged Ext. P2 resolution of the Board dated 24-8-2006, by which the appellant was elected as President in the place of the petitioner. By the impugned judgment, the learned Single Judge directed the Joint Registrar to take a decision on the complaint within 30 days of receipt of the copy of the judgment. This judgment is under challenge in this Writ Appeal on the ground that the powers of the Registrar under Rule 176 cannot be invoked for the purpose, and the remedy available to the 1st respondent is to file an election petition as a dispute under Section 69(1) of the Act, since Sub-section (2)(c) of Section 69 specifically clarifies that any dispute arising in connection with the election of the Board of Management or any officer of the Society shall also be deemed to be a dispute for the purpose of Section 69(1).

(3.) We have heard both sides in detail.