VARMA Vs. JOINT REGISTRAR

JUDGEMENT

(1.) Petitioner, who claims to be the President of the Ernakulam Cooperative Milk Supply Union Limited, has filed this original petition under Art.226 of the Constitution of India seeking to quash Ext. P2 order passed by the first respondent and seeking writ of mandamus directing him to reinstate the Managing Committee of the institution to office. A copy of the original petition is served on the learned Government Pleader appearing for respondents 1 and 4. I find it unnecessary to issue notice to respondents 2 and 3.

(2.) The Ernakulam Cooperative Milk Supply Union Limited is a society registered under the Kerala Cooperative Societies Act, (for short 'the Act') and is referred to as 'society' in this judgment. According to the bye laws of the society, the Managing Committee of the society shall consist of seven elected members; five of them are to be elected from among individual members of the society and two are representatives of the primary societies. The bye laws prescribe four members as quorum for the meeting of the committee. The elected committee was duly constituted and petitioner was elected President. At a meeting of the committee held on 11-6-1987, resolution expressing want of confidence in the petitioner as President was passed. Thereupon he ceased to be President. On 22-6-1987 and 23-6-1987 two out of the five members elected among the individual members, and both the members representing primary societies tendered resignation from the Managing Committee. Since the society had no President they forwarded the letters to the first respondent, Joint Registrar of Cooperative Societies, through the Assistant Director, who duly sent a report to the first respondent indicating an administrative stalemate. That was because four out of seven members having resigned the committee was left only with three members who cannot constitute quorum. On 29-6-1987 the first respondent initiated action under S.33 of the Act for appointing an Administrator in the place of the Managing Committee. A copy of the notice was affixed on the notice board of the society on 2-7-1987. On the same day the three remaining members of the society held a meeting and purported to coopt two persons by name Lalitha R. Varma and Mary Aotony, said to be close relations of two among the members. Immediately thereafter the three remaining members together with the coopted members purported to elect the petitioner as President of the society. On 10-7-87 one of the members, who tendered resignation, viz., V. V. Varghese, sent to the first respondent a letter purporting to withdraw the earlier resignation and sent a copy of the letter to the Secretary of the society. Ext. P10 is a copy of this letter. On 13-7-1987 the three remaining members and V.V. Varghese met and purported to accept the letter purporting to cancel the resignation, purported to cancel the cooption of the two members referred to earlier, purported to cancel the earlier election of the petitioner as President and purported to re-elect the petitioner as President. Meanwhile, in pursuance to the notice under S.33 of the Act. two members submitted objections on 7-7-1987, one member submitted objection on 10-7-1987, petitioner on 14-7-1987 met the first respondent and submitted objections. On 27-7-1987 first respondent passed Ext. P2 order holding that an administrative stalemate has come about and appointing an Administrator for the society in the place of the Managing Committee. This order is now challenged.

(3.) S.33 deals with appointment of new committee or administrator in certain contingencies. Sub-s.(1) states, inter alia, that where vacancies occur in the committee either by resignation or otherwise and the number of remaining members cannot constitute the quorum for the meeting of the committee the Registrar may, either suo motu or on the application of any member of the society, after intimating the Circle Cooperative Union appoint a new committee consisting of not more than three members of the society or one or more administrator or administrators to manage the affairs of the society till a new committee enters upon office. Before making the order, the Registrar shall publish a notice on the notice board of the head office of the society inviting objections to the making of the order within a period specified in the notice and consider such objections. However, it shall not be necessary to publish notice in cases where the Registrar is satisfied that it Is not reasonably practicable to do so.