SUBASH Vs. JOINT REGISTRAR OF CO OPERATIVE SOCIETIES

JUDGEMENT

(1.) The fourth respondent, while a member of a credit society 'A', became a member of another credit society 'B', the third respondent. The petitioner, a member of 'B' society complained to the first respondent Joint Registrar. This Court issued Ext.P5 judgment directing the first respondent to complete the proceedings. Ext.P6 was issued by the first respondent holding that though the fourth respondent was a member of 'A' society when he became member of 'B' society, he has since ceased to be a member of 'A' society and therefore, ends of justice do not require his removal from membership of 'B' society. This is under challenge.

(2.) That societies 'A' and 'B' are credit societies to which Rule 17 of the Kerala Co-operative Societies Rules, 1969, hereinafter referred to as the "Rules", applies, is not disputed. The fourth respondent, admittedly, became member of the 'B' society, while he was a member of 'A' society. He applied to 'A" society and his membership in that society was cancelled as per resolution dated 19.6.2007. Petitioner submitted Ext.P4 complaint. The fact remained that the fourth respondent's membership in 'B' society stood cancelled on 19.6.2007.

(3.) Sub-rule (1) of Rule 27 of the Rules provides that a person applying for admission as a member of any credit society shall be admitted as such member only with the previous sanction, in writing, of the Registrar, if on the date of such application, such person is a member of any other such credit society. Therefore, the bar is not on the application but on the admission which could be granted, if sanction is accorded by the Registrar. The consequences of the violation of that sub-rule could visit the person so admitted to membership with the penalty prescribed in Sub-rule (2) of Rule 27. It provides that when a person has become a member in contravention of Sub-rule (1), such society shall remove him from membership upon a written requisition from Registrar. Therefore, unless there is a written requisition from Registrar, the inhibition in Sub-rule (1) of Rule 27 will not make the admission to membership void. The penalty for violation of Rule 27(1) having been prescribed in Sub-rule (2) of Rule 27, no other penalty can be conceived and enforced. The violation of Rule 27(1) can only lead to the result provided by Rule 27(2). Therefore, until the Registrar issues a written requisition in terms of Rule 27(2), the member admitted in violation of Rule 27(1) will continue as a member.