IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN MONDAY, THE 23RD NOVEMBER 2009 / 2ND AGRAHAYANA 1931 WP(C).No. 31276 of 2008(W) --------------------------------------- PETITIONER(S): --------------------- K.S. SUBHASH, KANJIRAKATTU HOUSE, THIDANADU.P.O, KOTTAYAM DISTRICT. BY ADV. MR.V.K.SUNIL RESPONDENT(S): ------------------------ 1. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES, KOTTAYAM. 2. SASI KUMAR. S, S/O. SANKARA PANICKAR, VENIYAMPARAMBIL, THIDANADU.P.O, (THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES, KOTTAYAM) 3. THE THIDANADU SERVICE CO-OPERATIVE BANK LTD. NO. 3990, REPRESENTED BY ITS SECRETARY, THIDANADU.P.O, KOTTAYAM. 4. M.K. THANKAPPAN, S/O. KRISHNAN, MANJAPPALLIL HOUSE, KALAKETTY.P.O, CHERANI. R1 BY GOVERNMENT PLEADER MR.I.V. PRAMOD. R3 BY ADV. MR.SHAJI THOMAS PORKKATTIL, MR.BINU PAUL, MR.T.V.VINU. R4 BY ADV. MR.P.N.MOHANAN. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 20/11/2009, ALONG WITH WP(C) NO. 1867 OF 2008 AND WP(C) NO. 37846 OF 2007, THE COURT ON 23/11/2009 DELIVERED THE FOLLOWING: WP(C) NO. 31276/2008-W APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE LETTER ISSUED BY THE SECRETARY OF THE AYYAPPAN KOVIL SERVICE CO-OPERATIVE SOCIETY UNDER THE RIGHT TO INFORMATION ACT DATED 31/05/2007. EXT.P2: COPY OF THE LETTER NO.935/07 DATED 11/09/2007 ISSUED BY THE 3RD RESPONDENT. EXT.P3: COPY OF THE LETTER NO.321/3/2007-08 DATED 31/07/2007 ISSUED BY THE SECRETARY OF THE AYYAPPANCOIL SERVICE CO-OPERATIVE BANK LTD. EXT.P4: COPY OF THE COMPLAINT SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT UNDER RULE 27(2) OF THE KERALA CO-OPERATIVE SOCIETIES RULES. EXT.P5: COPY OF THE JUDGMENT OF THIS HONOURABLE COURT IN WP(C) NO. 16603/2008 DATED 04/06/2008. EXT.P6: COPY OF THE ORDER NO.CRP(1)5024/08 K.DIS DATED 30/07/2008 PASSED BY THE 1ST RESPONDENT. EXT.P7: COPY OF THE POSTAL ENVELOP OF EXT.P6. RESPONDENT'S EXHIBITS: EXT.R4(a): COPY OF THE LETTER DATED 15/05/2007 ISSUED BY THE AYYAPPANKOVIL SERVICE CO-OPERATIVE BANK. //TRUE COPY// P.S. TO JUDGE rs. THOTTATHIL B. RADHAKRISHNAN, J. = = = = = = = = = = = = = = = = = = = = = = = = W.P.(C).No.31276 of 2008-W = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 23rd day of November, 2009. JUDGMENT “CR” 1.The fourth respondent, while a member of a credit society 'A', became a member of another credit society 'B', the third respondent. The petitioner, a member of 'B' society complained to the first respondent Joint Registrar. This Court issued Ext.P5 judgment directing the first respondent to complete the proceedings. Ext.P6 was issued by the first respondent holding that though the fourth respondent was a member of 'A' society when he became member of 'B' society, he has since ceased to be a member of 'A' society and therefore, ends of justice do not require his removal from membership of 'B' society. This is under challenge. 2.That societies 'A' and 'B' are credit societies WPC31276/09 -: 2 :- to which Rule 17 of the Kerala Co-operative Societies Rules, 1969, hereinafter referred to as the “Rules”, applies, is not disputed. The fourth respondent, admittedly, became member of the 'B' society, while he was a member of 'A' society. He applied to 'A' society and his membership in that society was cancelled as per resolution dated 19.6.2007. Petitioner submitted Ext.P4 complaint. The fact remained that the fourth respondent's membership in 'B' society stood cancelled on 19.6.2007. 3.Sub-rule 1 of Rule 27 of the Rules provides that a person applying for admission as a member of any credit society shall be admitted as such member only with the previous sanction, in writing, of the Registrar, if on the date of such application, such person is a member of any other such credit society. Therefore, the bar is not on the application but on the admission which could be granted, if sanction is accorded by the Registrar. The consequences of the violation of WPC31276/09 -: 3 :- that sub-rule could visit the person so admitted to membership with the penalty prescribed in sub- rule 2 of Rule 27. It provides that when a person has become a member in contravention of sub-rule 1, such society shall remove him from membership upon a written requisition from Registrar. Therefore, unless there is a written requisition from Registrar, the inhibition in sub-rule 1 of Rule 27 will not make the admission to membership void. The penalty for violation of Rule 27(1) having been prescribed in sub-rule 2 of Rule 27, no other penalty can be conceived and enforced. The violation of Rule 27(1) can only lead to the result provided by Rule 27(2). Therefore, until the Registrar issues a written requisition in terms of Rule 27(2), the member admitted in violation of Rule 27(1) will continue as a member. 4.In the case in hand, the fact of the matter remains that the fourth respondent had become a member of 'A' society on 8.4.1960 and was removed WPC31276/09 -: 4 :- from such membership on 19.6.2007. Though he became a member of 'B' society on 15.1.2002, the petitioner sought intervention of the Registrar only some time in 2007. With that, it cannot be said that the first respondent acted without jurisdiction in passing the impugned order since there was no jurisdictional fact available for the first respondent to issue any order as sought for by the petitioner. 5.The decision in Kunhiraman Nair v. Joint Registrar, 2002(2) KLT 113, relied on by the petitioner, is rendered with reference to Rule 16 of the Rules which deals with conditions to be complied with for admission for membership and rights and liabilities of members under sub-rules 3 and 4 of Rule 16 are qualitatively distinct from the provision in Rule 27. This is all the more so because, depending on prior sanction of Registrar, an applicant for membership of a credit society can be admitted to such membership even if that person is the member of another WPC31276/09 -: 5 :- credit society. The view taken here is also fortified by the decision in Natarajan v. Returning Officer, 1997(2) KLT 253. 6.For the aforesaid reasons, the challenge to Ext.P6 fails. In the result, this writ petition is dismissed. No costs. THOTTATHIL B.RADHAKRISHNAN, JUDGE. Sha/161109