KURIEN Vs. REGISTRAR OF CO OPERATIVE SOC

JUDGEMENT

(1.) Common issues arise in these Original Petitions. So, we consider it advantageous to dispose of them by a common judgment. Counsel appearing on either side also agreed to that course. Kerala State Cooperative Consumers' Federation Ltd. No. 4328, Ernakulam is an Apex Society. It was under the management of an elected body till 3.1.92. Administrator was appointed to the Apex Society and he took charge on 4.1.92. He passed a resolution to hold the election to the Managing Committee of the Apex Society on 18.3.92. While steps for the said purpose was in progress, Returning Officer postponed the election. Whileso, Administrator took steps to amend the bye laws of the Apex Society. He convened the General Body of the Apex Society on 9.10.92. At that General Body, according to Administrator, 9 members were present representing the Apex Society and the District Societies. Two members representing the District Forums namely, Ernakulam and Trichur, voted against the proposed amendment. The others, it is averred, favoured the amendment. Thus the proposal for amendment moved by the Administrator of the Apex Society was carried by the General Body. It was forwarded to the Registrar and the Registrar registered the same in accordance with the provisions of the Cooperative Societies Act, hereinafter referred to as the Act, and the Rules framed thereunder. Petitioners in these original petitions challenge the amendment carried out to the bye laws of the Apex Society.

(2.) In O. P. 429/92 filed in January 1992, petitioners moved C. M. P. 23227/92 praying for restraining the Apex Society from convening the General Body meeting and discussing the amendment to the bye laws. This court on 9.10.92 ordered that any amendment made will be subject to the result of the O. P. Pursuant to the amended bye laws, election to the Apex Society was sought to be held. To stop that election and for issuing a writ of mandamus directing the respondents to conduct the election with the voters' list as on 4.1.92, petitioners moved O. P. 7127/93. Along with that O. P. they moved C.M.P. 12379/93 praying for stay of operation of the amended bye laws. This court did not stay me operation of the amendment. Thereafter election was held in terms of the amended bye laws. Thereupon petitioners moved C. M. P. 5221/96 praying for staying the further steps for election to the Managing Committee of the Apex Society namely, Kerala State Cooperative Consumers' Federation. On 20.2.96, this Court ordered that the election to the Managing Committee shall be subject to the result of the O. P. and referred the O. P. to a Bench.

(3.) From the above, it is clear that the Administrator, who took charge of the Apex Society, took steps to amend its bye laws. For the said purpose, General Body of the Apex Society namely, the Federation was convened on 9.10.92. According to respondents, 9 members of the General Body attended the meeting. Two among them voted against the amendment. Thereby it is contended that 7 members of the General Body voted in favour of the amendment. It is the common case of parties that for carrying out the amendment to the bye laws, there must be 2/3rd majority of persons present and voting. According to respondents, since 7 out of 9 voted in favour of the amendment, that being more than 2/3rd present and voting, the amendment was properly carried. Consequently, it is argued that election to the General Body of the Apex Society held in conformity with the amended bye laws is proper and this court is not to interfere with the election to the General Body. Therefore, it was argued that the election to the Managing Committee of the Apex Society by the members so elected to the General Body of the Apex Society is also not open to challenge.