D KUSUMAKUMARI Vs. DEPUTY DIRECTOR OF DAIRY DEVELOPMENT

JUDGEMENT

(1.) Common issues arise for consideration in these writ petitions and as such, they are disposed of by this common judgment. The parties and documents are referred to in this judgment, unless otherwise mentioned, as they appear in W.P.(C).No.6871/2017.

(2.) The petitioners are members of the second respondent, a Co-operative Society registered under the Kerala Co-operative Societies Act (the Act). They were members of the committee of the society also. On 10/02/2017, Ext.P4 notice was issued by the first respondent directing the second petitioner and three other members in the committee of the society to show cause why they shall not be disqualified from holding the office of the member of the committee. It is alleged in Ext.P4 notice that only those persons who are rearing one or more cattle are entitled to hold the office of the member of the committee of the society; that the second petitioner and three others referred to in Ext.P4 notice are not rearing cattle and that therefore they are not entitled to hold the office of the member of the committee. It is also stated in Ext.P4 notice that explanations, if any, shall be furnished by the second petitioner and others within ten days and that if they want an opportunity of hearing, they shall appear before the first respondent on 25/02/2017. According to the second petitioner, though Ext.P4 notice is dated 10/02/2017, the same was dispatched to the second petitioner and others only on 15/02/2017. It is also his case that intimation regarding Ext.P4 notice was received by him from the post office concerned, only on 16/02/2017 and he received the same accordingly, on 17/02/2017. According to the second petitioner, the first respondent, in the circumstances, ought not have passed further orders on Ext.P4 notice, at any rate, before 16/02/2017. It is stated that orders have been passed on Ext.P4 notice contrary to the terms of the notice on 25/02/2017 itself, disqualifying the second petitioner and others from holding the office of the member of the committee of the society. It is the case of the petitioners that in the light of the order passed on Ext.P4 notice, the committee of the society was removed as per Ext.P6 order under Section 33 of the Act on the ground that the remaining members of the committee do not constitute the quorum for the meeting of the committee. Ext.P6 order is under challenge in W.P.(C) No.6871 of 2017.

(3.) W.P.(C).No.9381/2017 was instituted later by the second petitioner challenging the order passed by the first respondent on Ext.P4 notice. The said order is Ext.P7 in the said writ petition.