IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN FRIDAY, THE 13TH NOVEMBER 2009 / 22ND KARTHIKA 1931 WP(C).No. 25935 of 2009(J) -------------------------- PETITIONER(S): --------------- V.M. POULOSE, S/O. MATHAI, VELLILAMTHADATHIL HOUSE, POTHANAM COLONY P.O., PULPALLY, WAYANAD DIST. BY ADV. SRI.P.N.MOHANAN RESPONDENT(S): --------------- 1. PULPALLY SERVICE CO-OPERATIVE BANK,. LTD., NO. 10153, REPRESENTED BY ADMINISTRATOR, PULPALLY P.O., SULTHANBATHERY, WAYANAD DIST. 2. JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (G), WAYANAD. SR. GOVT. PLEADER SHRI.K.S.MUHAMMED HASHIM THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 13/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C).No. 25935/09. APPENDIX PETITIONER(S)' EXHIBITS P1. COPY OF THE ORDER DTD.22.6.07. P2. COPY OF THE ORDER DTD.1.12.07 OF THE JOINT REGISTRAR. P3. COPY OF THE ORDER DTD.27.12.07 OF -DO- P4. COPY OF THE ORDER DTD.19.6.08 OF -DO-. P5. COPY OF THE PETITION DTD.28.7.08. P6. COPY OF THE JUDGMENT IN W.P.(C).No. 37830/08. sdk+ ///True copy/// P.A. to Judge . S.SIRI JAGAN, J. ================== W.P(C).No.25935 of 2009 ================== Dated this the 13th day of November, 2009 J U D G M E N T The managing committee of the Pulpally Service Co-operative Bank was superseded under Section 32 of the Kerala Co-operative Societies Act and an administrator was appointed on 22.6.2007, whose term expired on 21.6.2008. Still the Joint Registrar of Co-operative Societies extended the term of the administrator up to 22.6.2009. Even thereafter, there is no prospect of conducting a election. It is under the above circumstances, the petitioner has filed this writ petition seeking the following reliefs: “i] issue a writ of mandamus directing the respondents to conduct election to the first respondent bank, forthwith within in the time limit fixed by this Hon'ble Court. ii] declare that the 1st respondent cannot continue in office on the strength of Ext.P4 order of the Joint Registrar.” 2. The contention of the petitioner is that the Act prescribes an outer time limit for continuation of the administrator in power. Beyond that outer limit prescribed by law, even the Government has no power to extend the term of the administrator. That term is long over. Therefore, the administrator is bound to conduct election as mandated by sub section 5 of Section 32 of the Kerala Co-operative Societies Act, the petitioner submits. 3. The learned Government Pleader submits that because of 2 the mismanagement of the previous managing committee large amounts are remaining to be recovered to the tune of Rs.1,55,00,000/- and during the period when the administrator was in power, he was able to recover an amount of Rs.6,61,000/-. According to Government Pleader, if an elected managing committee comes into power, the process of recovery would be in jeopardy. Therefore, it is imperative that the administrator be permitted to continue in power for some more time. 4. I have considered the rival contentions in detail. 5. It is not disputed before me that the maximum period during which the administrator can stay in power is long over and that law does not permit extension of the period of the administrator. That being so, I fail to understand how this Court can permit the administrator to continue in power in violation of the provisions of the Act, even if for a good cause. Even otherwise, I am not quite satisfied with the argument of the learned Government Pleader. A co-operative society is a democratic institution. There also it is the will of the members of the co-operative society that should prevail like any other democratic institution. I do not think that the members of the society would support any move which would operate against the welfare of the society itself. An elected managing committee can also take appropriate steps to recover the amounts due to the society. Even if 3 they do not, the Joint Registrar and the Government are not powerless in the matter and they can certainly take appropriate proceedings as provided in the Act to force the society to take appropriate steps in accordance with law, to recover the amounts due. That being so, the administrator is bound to take immediate steps to conduct election to the managing committee of the society. Accordingly, the administrator shall adopt a resolution for conducting election to the managing committee of the society and forward the same to the Election Commission, as expeditiously as possible, at any rate, within one month from the date of receipt of a certified copy of this judgment The writ petition is disposed of as above. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge