CHERTHALA AGRL RJX BANK Vs. JOINT REGISTRAR

JUDGEMENT

(1.) In Hassan v. Joint Registrar of Cooperative Societies, 1998 (2) KLT 746 , a Full Bench of this Court took the view that the power given to the administrator under sub-s.(4) of S.32 of the Kerala Cooperative Societies Act, 1969 to exercise all or any of the functions of the committee would not take in the power to enrol new members to the society. One of the issues raised in O. P. No. 22185/98 and O. P. No. 602/99 is whether the above mentioned judgment of the Full Bench would operate retrospectively or not. A learned Single Judge before whom the above mentioned Writ Petitions came up for hearing found that in very many cases administrators having given membership to several persons and in certain cases such members have contested previous elections as well. It was also found that various members admitted by the administrators had obtained loans from the societies and are enjoying the benefit of membership for over many years. If it is declared that those members are not eligible to continue as members, that will adversely affect the interest of the society as well. The learned Judge felt that since question involved is interpretation of the effect of the judgment of the Full Bench referred above, it is only just and proper that these cases are considered by a Larger Bench. By orders dated 3.3.99 and 15.3.99 a Division Bench referred the above mentioned two Original Petitions for consideration of Full Bench. The other Original Petitions were also referred for the same reason.

(2.) In O.P.No. 602/99 the petitioner was enrolled as a member of Vallappuza Service Cooperative Bank Ltd. on 6.10.1981 when administrator was in charge of the society. Thereafter, he exercised several rights as a member including voting in the elections at least 4 times. He was elected as a member of the Board of Directors of the Society. The petitioner wanted to contest the election in 1999. He was then informed that his name has been deleted from the draft voters list submitted by the administrator for the reason that he was admitted as a member in the year 1981 by an administrator and that in the light of the Full Bench decision of this Court he cannot be permitted to continue as a member.

(3.) O. P. No. 13173/99 is filed by Cherthala Agricultural and Rural Development Bank Ltd., its President and members of the Board of Directors. The prayer in the Original Petition is to quash the decision taken by the returning officer removing large number of members from the voters list for the reason that they were admitted by administrators. About 785 persons had been admitted by administrator during the period from 13.2.92 to 12.10.1992. The Committee, subsequently elected, ratified their admission by giving them loans. They were in the voters list and they had voted in the elections in the year 1992 and 1996. Petitioners 3 and 9 had contested in the election and they were elected as board members. The decision to cancel their membership is sought to be justified on the basis of the Full Bench decision of this Court.