RAJAN Vs. JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES

JUDGEMENT

(1.) In a very interesting turn of events, the members of the Managing Committee of a Co-operative Society the 3rd respondent herein, have approached this Court through this Writ Petition, impugning a Resolution adopted by the said Committee through majority, namely Ext. P1, as per which, certain persons have been resolved to be appointed as Sales Managers on commission basis in the services of the Society.

(2.) The petitioners allege that Ext. P1 Resolution is contrary to the provisions of the Kerala Co-operative Societies Act and Rules (hereinafter referred to as 'the K.C.S. Act and Rules' for short) particularly because, as is clear from its first paragraph, a proposal to appoint "Depot Managers", even without the same being part of the Agenda for the meeting, namely Ext. P10, was considered by the committee and then resolved to appoint Sale Managers.

(3.) The petitioners assert that they, therefore, preferred their dissent against this resolution through Exts. P2, P3 and P4, but that the same were not recorded; and consequently that they were constrained to approach the Joint Registrar of Cooperative Societies, vide Exts. P6 to P9, complaining against it and the manner in which it was taken, and praying that the same be rescinded.