T.K. GOPI Vs. MUKKAM SERVICE CO

JUDGEMENT

(1.) The petitioner who is an A class member of Mukkom Service Co-operative Bank Ltd., the 1st respondent Bank, with membership No.A-8053, has filed this writ petition under Article >226 of the Constitution of India seeking a writ of mandamus commanding the 2nd respondent Joint Registrar to consider Ext.P1 representation dated 26.12.2017 after hearing all the parties concerned and to declare the cessation of membership of the 3rd respondent in the managing committee of the 1st respondent Bank within a stipulated period.

(2.) In the writ petition, it is alleged that the 3rd respondent, who is an elected member in the managing committee of the 1st respondent Bank had resigned from membership on 20.10.2017 and the same was approved by the President of the Bank on the same day itself, and it was also approved by the managing committee on 23.10.2017. The fact of acceptance of resignation was also intimated to the 3rd respondent and he raised no objection regarding the acceptance of his resignation. According to the petitioner, the resignation submitted by the 3rd respondent is legal, valid and irrevocable. After the acceptance of resignation, the 3rd respondent along with 6 others moved a no confidence motion against the President of the Bank. Pursuant to the orders of the 2nd respondent Joint Registrar, the meeting of the managing committee to discuss the no confidence motion was scheduled on 16.12.2017. Against the participation of the 3rd respondent in the said meeting, one Abdul Jabbar and 6 others moved this Court in W.P.(C)No.39830 of 2017 and this Court by the order dated 14.12.2017 stayed participation of the 3rd respondent in the no confidence motion. Though a meeting to discuss the no confidence motion was convened on 16.12.2017 nobody participated in the said meeting and as such, the no confidence motion could not be moved. According to the Petitioner, sub-rule (3) of Rule 44 of the Kerala Co-operative Societies Rules, 1969 empowers the 2nd respondent Joint Registrar to declare the cessation of membership of a member in the managing committee of a society for any reason. For declaring cessation of membership of the 3rd respondent in the managing committee of the 1st respondent Bank, the petitioner submitted Ext.P1 representation dated 26.12.2017 before the 2nd respondent Joint Registrar.

(3.) A statement has been filed by the 2nd respondent Joint Registrar, wherein it has been stated that the resignation of the 3rd respondent from the managing committee of the 1st respondent Bank was approved by the President of the Bank on 20.10.2017 at 4.00 p.m. and by the managing committee held on 23.10.2017. Once the resignation is accepted and approved by the President, the member who resigned from the membership will lose all his rights as a member of the managing committee. Based on the request made by some of the members of the managing committee, the 2nd respondent convened a meeting to discuss the no confidence motion, under the supervision of the Unit Inspector. However, none attended the said meeting. According to the 2nd respondent, the 3rd respondent has no right to continue as a member of the managing committee of the 1st respondent Bank after 4.00 p.m. on 20.10.2017.