KOOTHALI SERVICE CO Vs. ASSISTANT REGISTRAR OF CO

JUDGEMENT

(1.) W.P(C). No. 32852 of 2017 is filed by the petitioners, who are members of the 2nd respondent Co-operative Society, with the following prayers:

(2.) The contention of the petitioners in W.P(C).No.32852 of 2017 is that the election to the Managing Committee of the 2nd respondent Society was held on 5.5.2013 and that only those seats which fell vacant after 6.1.2016 can be filled up by nomination in view of Section 28(1J) of the Kerala Co-operative Societies Act, 1969 ('the Act', for short). In case of all vacancies having a duration of more than half of the term of the committee, by-elections will invariably have to be held, it is contended. It is urged that two vacancies had arisen on 6.9.2013 and 4.8.2015 respectively and they could have been filled up by nomination.

(3.) W.P(C).No.1820 of 2017 is filed by the Co-operative Society (2nd respondent in W.P(C).No.32852 of 2017), challenging Exhibit P10 order of the Joint Registrar of Cooperative Societies rescinding the resolution dated 6.5.2016 co-opting respondents 3 and 4 as members of the Managing Committee. It is stated that the election to the committee was held on 5.5.2013 and the committee assumed office on 6.5.2013. One half of the term of the committee expired on 5.11.2015. It is contended that since the resolution to co-opt respondents 3 and 4 as members of the committee was taken on 6.5.2016, after one half of the term of the committee had expired, the said resolution is consistent with Section 28(1J) of the Act and the rescinding of the same was unsustainable. It is further contended that the finding in the impugned order that the resolution is violative of Section 28(1J) of the Act and Rule 38(5) of the Kerala Co-operative Societies Rules, 1969 ('the Rules', for short) is illegal and unsustainable.