JAYENDRAKUMAR Vs. JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES

JUDGEMENT

(1.) The operational interplay of the provisions in the Kerala Co-operative Societies Act ('KCS Act' for short) and the Kerala Co-operative Societies Rules ('KCS Rules' for short), in the realm of disqualification and consequential cessation of office of the members of a Managing Committee of a Co-operative Society, has been put under the spotlight in the writ petition.

(2.) The provisions of Rule 44 of the KCS Rules are in itself a complete Code for all matters relating to the disqualification of membership to the Managing Committee of Societies registered under the KCS Act; and sub rule (1) thereof enumerates the specific disqualifications for a person for being elected or appointed as a member of the said committee. The said sub rule stipulates various types of disqualifications and mandates that when any person suffers any of them, he/she shall not be eligible for being appointed or elected as a member of the Managing Committee. After so providing, sub rule (2) of Rule 44 ordains that a member of the Managing Committee of any Society, which obviously refers to a person already in office, shall cease to hold his office if he becomes disqualified under sub rule (1).

(3.) Ineluctably, the sum total effect of these two provisions is that a person, who had been earlier elected validly to the Managing Committee of a Society but has subsequently suffered any of the disqualifications enumerated in Rule 44 (1) of the KCS Rules, will then cease to hold his office. However, there is a check to this declaratory provision through the mandate of sub rule 3 of Rule 44 and since this is the provision on which the contentions of all the parties are edificed, I deem it appropriate to extract it as under: