PAULOSE Vs. REGISTRAR OF CO-OPERATIVE SOCIETIES

JUDGEMENT

(1.) Ext.P1 order, by which the first respondent, the Registrar of Co-operative Societies, has removed the committee of the second respondent, a central society registered under the Kerala Co-operative Societies Act ('the Act'), is under challenge in this writ petition.

(2.) The bye-laws of the second respondent ('the Bank') provides that its committee shall consist of maximum 21 members including 19 elected members. 19 members were accordingly, elected to the committee of the Bank in the last election. Thereupon, the Registrar of Co-operative Societies has appointed 2 persons to the committee of the Bank as Government nominees. The strength of the committee of the Bank was, therefore, 21. The petitioners were 4 among the elected members of the committee of the Bank. One among the elected members in the committee lost his membership on account of disqualification. The strength of the Committee of the Society thus got reduced to 20. Out of the 20 members in the committee, 8 elected members and the 2 nominees of the Government resigned on 18/02/2017. Ext.P1 order was passed by the Registrar, in the circumstances, exercising the power under Sec. 33 of the Act, stating that the remaining members in the committee cannot constitute the quorum for the meeting of the committee. As per the said order, the Registrar has constituted an Administrative Committee consisting of respondents 4 to 6 from among the persons resigned from the committee and entrusted the administration of the Bank to that Administrative Committee. The petitioners are aggrieved by the said decision of the first respondent.

(3.) A statement has been filed by the Registrar of Co-operative Societies reiterating the contents of Ext.P1 order. The resignations submitted by the 10 members in the committee as referred to in Ext.P1 order, have also been produced along with the statement.