VIJAYAN Vs. JOINT REGISTRAR

JUDGEMENT

(1.) These writ petitions raise common questions and relate to the same co-operative society. Hence, they are jointly heard and are being disposed of, by this common judgment. Reference is made to materials available in WP(C).36432/2008. Exts.P6 and P7 therein are under challenge. Parties also go by their status in that matter.

(2.) The committee of the society resolved on 13-5-2008 to hold election and forwarded the list of persons eligible to vote. The election is governed by Rule 35 of the Kerala Co-operative Societies Rules, 1969, hereinafter referred to as the "Rules". Returning Officer was appointed, election was conducted and a new committee assumed office with the petitioner in WP(C). 36432/2008 as its President and the petitioner in WP(C).36233/2008 as one of its members. The fourth respondent contested and lost in that election. He filed Ext.P5 seeking to rescind the resolutions drawn up by the society in connection with that election. After enquiry in that regard through his subordinate officers, Joint Registrar issued Ext.P6 rescinding that resolution along with an earlier decision of the committee dated 14-8-2006, as also, the resolution dated 6-1-2008 of the General Body. Following Ext.P6, Ext.P7 has been issued invoking Section 33(1) of the Kerala Co-operative Societies Act, 1969, hereinafter, the "Act", for short, appointing an administrator on account of the fall of the committee consequent of Ext.P6.

(3.) Ext.R4(a) resolution dated 10-9-2005 deciding to enhance the share value of A class shares was registered on 27-2-2006. That amendment with the endorsement of the Registrar is Ext.R4(b) and Ext.R4(c) is the certificate issued by the Joint Registrar in that regard. Therefore, on 30-8-2006, the General Body resolved authorizing the committee to make that amendment operational. However, the committee on that day itself, resolved that though the amendment has been registered by the Joint Registrar, it need not be given effect to, until a decision is taken by the society in that regard. Thus, the enforcement of the clause prescribing a higher share value for A class shares was never made operational. On 13-5-2008, the committee in office, resolved to conduct the election. Following the election, results were declared on 16-7-2008 and the new committee took charge on 18-7-2008. It was thereafter that Ext.P5 complaint was made by the fourth respondent. Ext.P6 was issued on 25-11-2008 followed by Ext.P7 on 6-12-2008. These facts are not in dispute.