RAJAN. P. AND OTHERS Vs. GANGADHARAN. K.V.

JUDGEMENT

(1.) Ext.P5 order of supersession under Section 33(1) of the Kerala Co-operative Societies Act, (hereinafter referred to as "the Act") for lack of members to constitute quorum for the committee, was interfered with by the learned single Judge. The same is under challenge by a member of the society.

(2.) The managing committee of the society consists of eleven members. One of the members, viz. P.Sreekala, was disqualified under Section 44(1)(c) of the Act on 14.06.2017. So also another member, one Babu V. was disqualified under Section 44(1)(c) of the Act on 19.08.2017. Thereafter, on 24.08.2017, four of its members resigned. Therefore, only five members remain. To constitute quorum, there should be six members. Accordingly, Ext.P5 order dated 26.08.2017 was passed by the Joint Registrar appointing an administrator in terms of Section 33(1) of the Act.

(3.) The order of supersession was challenged by the committee in the writ petition. According to them, after the disqualification of P.Sreekala referred to above, in the meeting of the Managing Committee held on 15.07.2017, one Omana was nominated to the vacancy, thus making the strength at eleven. Therefore, the subsequent disqualification of Babu.V and the resignation of four other members does not affect the quorum of the committee. The nomination is under dispute. As to whether there had been a valid nomination of Smt.Omana, is the issue. If the nomination is upheld, necessarily there would be six members sufficient to constitute quorum.