IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN MONDAY, THE 7TH FEBRUARY 2011 / 18TH MAGHA 1932 WP(C).No. 35208 of 2010(A) -------------------------------------- PETITIONER: ------------------- SUNNY JOSE, S/O.JOSEPH, AGED 42 YEARS, KANNEZHUTH HOUSE, KAPPATMALA, SHANTHI NAGAR P.O., THAMARASSERY, KOZHIKODE DISTRICT. BY ADV. SRI.SUNNY MATHEW. RESPONDENTS: ------------------------ 1. THE KODANCHERY SERVICE CO-OPERATIVE BANK LTD.NO.F.1762, P.O.KODANCHERY, KOZHIKODE DISTRICT, REPRESENTED BY ITS SECRETARY, PIN – 673 580. 2. THE BOARD OF DIRECTORS OF THE KODANCHERY SERVICE CO-OPERATIVE BANK LTD., REPRESENTED BY ITS PRESIDENT, KODENCHERY, PIN – 673 580. 3. THE KERALA MALANAD KARSHAKA PRODUCE CO-OPERATIVE MARKETING SOCIETY, REPRESENTED BY ITS SECRETARY, THIRUVAMBADY, KOZHIKODU.P.O – 673 001. 4. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES, SAHAKARANA BHAVAN, KOZHIKODE, PIN – 673 001. 5. P.P.JOY, PANDARIKUNNEL HOUSE, DIRECTOR, KODANCHERY SERVICE CO-OPERATIVE BANK LTD.,NO.F.1762, P.O.KODANCHERY, KOZHIKODE DISTRICT – 673 580. R1 BY ADV. SRI.P.P.JACOB. R4 BY GOVT. PLEADER SRI. BASANTH BALAJI. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07/02/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. P.N.RAVINDRAN, J. --------------------------- W.P.(C) No. 35208 OF 2010 -------------------------- Dated this the 7th day of February, 2011 J U D G M E N T The petitioner, a member of the Board of Directors of the first respondent bank, was elected as a delegate of the said bank and in that capacity he was a member of the Board of Directors of the third respondent society. The Board of Directors of the first respondent bank that met on 16.11.2010 resolved to withdraw the petitioner and to appoint the fifth respondent as the delegate of the society. Ext.P1, a copy of the resolution adopted by the Board of Directors of the first respondent bank in that regard, is under challenge in this writ petition. It is stated that aggrieved by Ext.P1, the petitioner has filed Ext.P2 representation before the Joint registrar of Co-operative Societies, Kozhikode for resending the said resolution on the ground that he was not put on notice or heard before the delegation was withdrawn. 2. Rule 46(a) of the Keala Co-operative Societies Rules stipulates that delegate of one society sitting as committee member WPC No.35208/10 2 of another society shall cease to be a member of such society if the society which elected him as the delegate withdraws him or elects another delegate in his stead. It is therefore evident that the election of a member of the managing committee of a society as a delegate of another society is at the pleasure of the managing committee. It is open to the managing committee, which elected the delegate, to withdraw the delegate and to appoint another person as the delegate. The election as a delegate does not create any right in the delegate to continue in office as a delegate for the entire duration of the term. The petitioner therefore has no right to challenge Ext.P1. Necessarily therefore it has to be held that the request in Ext.P2 cannot be entertained by the Joint Registrar. The writ petition fails and is accordingly dismissed. P.N.RAVINDRAN, (JUDGE) vps