SATHYAKUMAR Vs. DEPUTY DIRECTOR, DAIRY DEVELOPMENT

JUDGEMENT

(1.) Ingenuity is not novel in litigation and therefore, Courts generally are seldom taken by surprise by it; but the contentions of the petitioners in this case tests it: They assert that a person, whose primary membership in a Co-operative Society, registered under the provisions of the Kerala Co-operative Societies Act, has been terminated, would nevertheless be entitled to continue as a member of its Managing Committee, to which he had been elected while being a member of the Society, unless he/she is removed from such position expressly by the Registrar of Co-operative Societies by invoking R. 44(3) of the Kerala Co-operative Societies Rules.

(2.) To put it in perspective, the petitioners contend that they are entitled to function as the members of the Managing Committee of the Society involved in this case, until such time as they are removed from such position by the Registrar of Co-operative Societies through an order issued by him under R. 44(3) of the Kerala Co-operative Societies Rules, even though they may have been terminated from the primary membership of the Society. Interestingly, the petitioners rely for support on the judgment of this Court in Jayendrakumar v. Joint Registrar of Co-operative Societies (General) 2019 (2) KLT 671.

(3.) Inventive as it may seem, the above contentions of the petitioners do not find favour with me and I will state the reasons for such disapproval after the unexpendable facts are narrated.