IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN WEDNESDAY, THE 19TH MARCH 2008 / 29TH PHALGUNA 1929 WP(C).No. 6432 of 2008(N) ------------------------------------- PETITIONER: ------------------- M.N. VELAYUDHAN KUTTY, MALAYAN HOUSE, OLLANAPARAMBU, P.O. PALAPPILLY, TRICHUR. BY ADV. SRI.V.G.ARUN, ADV. SRI.T.R.HARIKUMAR. RESPONDENTS: ------------------------ 1. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES, TRICHUR. 2. THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL), MUKUNDAPURAM, IRINJALAKUDA. 3. THE TRIBAL EXTENSION OFFICER, TRIBAL EXTENSION OFFICE (KODAKARA BLOCK OFFICE), AMBALLOOR, PUDUKKAD. 4. THE FOREST RANGER, FOREST RANGE OFFICE, PARIPPALLY P.O., TRICHUR. 5. THE UNIT INSPECTOR, OFFICE OF THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES, MUKUNDAPURAM. 6. THE PALAPPILLY TRIBAL SERVICE CO-OPERATIVE SOCIETY LTD.NO.3896, P.O. PALAPPILLY, TRICHUR. R1 TO R5 BY SR. GOVT. PLEADER SMT. ANU SIVARAMAN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19/03/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B. RADHAKRISHNAN, J. = = = = = = = = = = = = = = = = = = = = = = = = WP(C).No.6432 of 2008-N = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 19th day of March, 2008. JUDGMENT This writ petition is filed seeking an order that the nominated members of the 6th respondent, a co- operative society, are not entitled to vote in a no-confidence motion against the President of the society. Such a plea is not available because, the statutory prohibition to participation of nominated members is only in terms of Section 31 (3) of the Kerala Co-operative Societies Act, 1969, which governs only apex bodies and not primary societies. That apart, it is submitted by the learned Senior Government Pleader that on 28- 2-2008, the no-confidence motion was taken up for discussion and six out of nine members of the committee were present, including the four, who had signed the no-confidence motion and those WP(C)6432/2008 -: 2 :- four spoke in favour of the motion and since none spoke in opposition, the Presiding Officer, in terms of Rule 43A(ii) of the Kerala Co-operative Societies Rules, 1969, declared that the no- confidence motion has been carried. It is clarified that the legality or otherwise of that procedure is not subject matter of this writ petition and this judgment does not touch upon it. However, in view of the findings that the nominated members were also entitled to participate in the meeting to consider no- confidence motion, this writ petition fails. The same is accordingly dismissed. THOTTATHIL B. RADHAKRISHNAN, JUDGE. Sha/