IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN TUESDAY, THE 27TH MAY 2008 / 6TH JYAISHTA 1930 WP(C).No. 11984 of 2008(B) --------------------------------------- PETITIONER: ------------------- D. SATHYANESAN, S/O. DEVADASAN, AGED 47 YEARS, SATHYA BHAVAN, VATTAVILA, URIAKKODU P.O., NEDUMANGAD TALUK, TRIVANDRUM DISTRICT. BY ADV. SRI.BIJI MATHEW. RESPONDENTS: ----------------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, CO-OPERATIVE DEPARTMENT, SECRETARIAT, TRIVANDRUM. 2. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETY (GENERAL) VANCHIYOOR, TRIVANDRUM. 3. THE VELLANAD SERVICE CO-OPERATIVE BANK LTD. NO. 2379, VELLANAD TRIVANDRUM, REPRESENTED BY ITS SECRETARY. 4. THE PRESIDENT, VELLANAD SERVICE CO-OPERATIVE BANK LTD. NO. 2379, VELLANAD TRIVANDRUM 5. THE REGISTRAR OF CO-OPERATIVE SOCIETY, (GENERAL), VANCHIYOOR, TRIVANDRUM. R1, R2 & R5 BY SR. GOVT. PLEADER SMT. ANU SIVARAMAN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27/05/2008, ALONG WITH W.P.(C). NO. 13486/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B. RADHAKRISHNAN, J. = = = = = = = = = = = = = = = = = = = = = = = = WP(C).Nos.11984/2008-B & 13486/2008-E = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 27th day of May, 2008. JUDGMENT 1.The former among the captioned matters is by a member of the co-operative society in question. The latter is by a member of that society and by another who had applied for being considered for appointment as a Clerk. The society decided to appoint a Clerk. Action was taken in accordance with the provisions of the Kerala Co-operative Societies Act and Rules. The Kerala State Co- operative Examination Board conducted the written test and the fourth respondent in WP(C). 13486/2008 has been selected for appointment. Complaints were raised that selection and appointment of a clerk is unnecessary and against the interest of the society, having regard to the alleged financial doldrums in which the society WP(C)11984 & 13486/08 -: 2 :- is stated to have been placed. On orders of this Court, the competent authority, namely, the Joint Registrar, exercising the powers of the Registrar, has considered that objection and overlooked it, finding no illegality in the procedure adopted. The supervisory jurisdiction of the Registrar, in terms of the Act and Rules, has been exercised appropriately. There is no legal infirmity or jurisdictional error in the decision of the Joint Registrar, which is Ext.P4 in WP(C).13486/2008. 2.That apart, one among the petitioners in WP(C). 13486/2008 was a candidate for the selection. He cannot be heard to contend that no selection or appointment was necessary for the purpose of the institution. The other petitioner in WP(C). 13486/2008 and the petitioner in WP(C).11984/2008 are members of the society. If individual members are permitted to voice grievances by filing writ petitions, that will only torpedo the democratic concept of a society. If any individual member WP(C)11984 & 13486/08 -: 3 :- has any opinion or objection regarding the matter of administration of a society, it is for him to pool democratic consensus and carry that issue in the floor of the general body and not to rush to the writ court. 3.Either way I do not find any ground to invoke the visitorial jurisdiction of this Court under Article 226 of the Constitution of India. In the result, the writ petitions fail. They are accordingly dismissed. THOTTATHIL B. RADHAKRISHNAN, JUDGE. Sha/310508