LAWS(KER)-2019-7-142

P.V.GEORGE Vs. DEPUTY DIRECTOR

Decided On July 30, 2019
P.V.GEORGE Appellant
V/S
DEPUTY DIRECTOR Respondents

JUDGEMENT

(1.) The limited prayer of the petitioner in this Writ Petition, who is stated to be the President of the 2nd respondent-Society, is that on completion of the term of the Managing Committee on 02.08.2019, an Administrative Committee may be directed to be appointed by the 1st respondent-Deputy Director, Dairy Development Department, who is the functional Joint Registrar with respect to the 2nd respondent- Society, under Section 33 of the Kerala Co- operative Societies Act.

(2.) According to the petitioner, there are persons of unimpeachable integrity and statute among the members of the present Managing Committee of the Society, including himself and therefore, that three among them can be appointed in the Administrative Committee. He, therefore, prays that necessary directions be issued to the 1st respondent for this purpose.

(3.) Smt.C.S.Sheeja, learned Senior Government Pleader, submits that there is no legal impediment in considering whether an Administrative Committee can be constituted comprising of acceptable persons in the Society, provided they have no proceedings against them pending or concluded; but that in the alternative, liberty may be given to the Authority to appoint a Part-Time Administrator. She, however, adds that as regards the petitioner is concerned, his claim to be fully qualified to be an Administrative Committee member cannot be accepted, since he is admittedly being proceeded against under Rule 44(1)(j) of the Kerala Co-operative Societies Rules, as is clear from Ext.P5 judgment.