PORINCHU T K Vs. JOINT REGISTRAR

JUDGEMENT

(1.) The prayer in this writ petition is to quash Ext. P1 order passed by the 1st respondent and to declare that the 1st respondent has no authority to cancel the membership granted to the petitioner, in the Thirssur District Cooperative Hospital Ltd., a Cooperative Society ('Society' for short) registered under the Kerala Cooperative Societies Act ('the Act' for short).

(2.) Facts of the case are that, pursuant to Ext. P5(2) application made by the petitioner on 22/04/1993, the Administrator, who was then in office, admitted the petitioner as a member of the Society with membership No. 6509, granted on 27/04/1993. Subsequently, election was notified to be held in 1996 and the Returning Officer removed petitioner's name from the voters list. This was challenged before this Court in OP No. 19104/96 and on the strength of the interim order obtained, petitioner contested and won the election. Finally, the Original Petition was disposed of relegating the petitioner to raise dispute before the statutory authorities.

(3.) Accordingly, ARC Nos. 120/1997 and 121/1997 were raised by the petitioner and others who were removed from the voters list and finally award was rendered by the Arbitrator upholding the action of the Returning Officer. Appeals were filed before the Tribunal and on the strength of the interim order obtained, the committee continued in office. Petitioner submits that while so, in the judgment in Hassan v. Joint Registrar of Cooperative Societies, 1998 KHC 448 : 1998 (2) KLT 746 : ILR 1999 (1) Ker. 228 rendered on 28/08/1998, a Full Bench of this Court held that an Administrator did not have power to admit members in a society. It is stated that with the declaration of law as above membership No. 6509 granted to the petitioner on 20/04/1993 had become non est in the eye of law.