IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN THURSDAY, THE 3RD JUNE 2010 / 13TH JYAISTHA 1932 WP(C).No. 17143 of 2010(P) ------------------------------------------ PETITIONER(S): -------------------------- 1. MURALEEDHARAN.T.K, THENUVINKATTIL, NANMANDA, KOZHIKODE. 2. RADHAMANI, CHOMANCHAKANDY, NANMANDA, KOZHIKODE. BY ADVS. SRI.P.P.JACOB, SRI.T.P.GOPAKUMAR. RESPONDENT(S): ---------------------------- 1. NANMANDA RURAL CO-OPERATIVE HOUSING SOCIETY LTD. NO. D 1988, NANMANDA, KOZHIKODE, REPRESENTED BY SECRETARY. 2. THE JOING REGISTRAR OF CO-OPERATIVE SOCIETIES (G), KOZHIKODE. R2 BY SR. GOVERNMENT PLEADER SRI. K.C. SANTHOSH KUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss K.SURENDRA MOHAN, J ........................................... WP(C).NO. 17143 OF 2010 ............................................ DATED THIS THE 3rd DAY OF JUNE, 2010 JUDGMENT The petitioners are members as well as committee members of the first respondent, Housing Society. Clause 5(a) of Ext.P2 bye laws of the society provides that if an A class member has not applied for and has not been granted a loan within a period of three years from the date on which he became a member of the society, he would forfeit his membership. It appears that the petitioners are persons who do not fulfil the above condition. Therefore, Ext.P3 proceedings have been issued by the second respondent directing the Secretary of the Society to inform the said authority, about the steps taken for divesting the petitioners of their memberships. The petitioners challenge Clause 5 (a) of the bye laws as being violative of the Co-operative Societies Act, 1969 and the Rules. Therefore, they have prayed for a declaration to the said effect and also for quashing Ext.P3. 2. The prayers of the petitioners are opposed by the learned Senior Government Pleader Mr.K.C.Santhosh Kumar. According to the Wpc 17143/2010 2 counsel, the bye laws are already approved by the Registrar under Section 7 of the Act and are therefore binding on the petitioners. The learned Government Pleader also relies on Rule 16(3) and (4) of the Kerala Co-operative Societies Rules, 1969 to contend that a member who has subsequently become ineligible to continue can be divested of his membership by following the procedure contemplated therein. 3. The counsel for the petitioners has relied on Section 7(1)(d) and Section 16 of the Kerala Co-operative Societies Act, 1969 to contend that the said provisions do not stipulate a condition in the nature of Clause 5(a) of the bye laws. Therefore, it is contended that the said clause in the bye laws is unsustainable. Though the provisions referred to by the counsel stipulate certain conditions, I do not think they are exhaustive. Nor do I find any provision in the Act or the Rules disentitling a Society from framing its bye laws by including special provisions necessary to suit its individual requirements. Since Section 64 confers ample powers on the Registrar of Co-operative Societies to decide the issue and to make necessary declaration regarding a person's membership, I do not think it necessary to consider the contentions Wpc 17143/2010 3 raised before me on the merits. It is enough that the parties are relegated to the remedy under Rule 16(4) of the Co-operative Societies Rules. 4. In the above circumstances, this writ petition is disposed of directing the second respondent to consider the issue regarding the eligibility of the petitioners to continue as members of the first respondent Society in compliance with the procedure stipulated by Rule 16(4) of the Co-operative Societies Rules, 1969 and to pass appropriate orders thereon, in accordance with law. It is made clear that I have not expressed any opinion on the merits of the contentions raised in this writ petition. The petitioners are directed to produce a copy of this writ petition along with a copy of this judgment before the second respondent for prompt compliance. K.SURENDRA MOHAN, JUDGE lgk