IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN TUESDAY, THE 24TH JUNE 2008 / 3RD ASHADHA 1930 WP(C).No. 18831 of 2008(P) -------------------------------------- PETITIONER: ------------------ FAZALUL ALI, VAKAYIL HOUSE, KALLOOR, VADAKKEKAD P.O., THRISSUR. BY ADV. SRI.P.RAMAKRISHNAN RESPONDENTS: ---------------------- 1. THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES, CHAVAKKAD. 2. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL), THRISSUR. *ADDL. R3 IS IMPLEADED ADDL. R3. BALAKRISHNAN, S/O.APPUTTY, RESIDING AT KANHANGATTU HOUSE, VADAKKEKKADU.P.O., TRICHUR. *ADDL. R3 IS IMPLEADED AS PER ORDER DATED 24/06/2008 IN I.A. NO.8063/2008 BY SENIOR GOVERNMENT PLEADER SMT.ANU SIVARAMAN ADV. SRI.P.C.SASIDHARAN - ADDL.R3 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B. RADHAKRISHNAN, J. = = = = = = = = = = = = = = = = = = = = = = = = WP(C).No.18831 of 2008-P = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 24th day of June, 2008. JUDGMENT 1.The petitioner is the President of the Vadakkekad Service Co-operative Bank Limited. Ext.P9 is an order issued by the second respondent superseding the committee of that society. The said order takes effect tomorrow. 2.As many as eight allegations were levelled against the committee. Many of those allegations are pointedly directed against the petitioner himself. Apprehending that the committee is likely to be superseded even without hearing, the petitioner approached this Court and obtained Ext.P6 judgment. The Joint Registrar was directed to give an opportunity of hearing. The petitioner filed Ext.P8 objections. He took an adjournment. The matter was again listed. It appears that WP(C)18831/2008 -: 2 :- proceedings went further since the petitioner again sought a further adjournment. 3.As of now, a reading of Ext.P9 does not inspire confidence to interfere with that order in exercise of power under Article 226 of the Constitution, particularly when that order is amenable to an appeal before the Government. I say so because, the findings in Ext.P9 also include findings of facts. I refrain from expressing whether those findings are sustainable on the basis of the objections raised in Ext.P8. This Court is also not making any endeavour to look into the facts to conclude either way because of the availability of an appeal before the Government. Having regard to the nature of the contentions, it is appropriate that the matter is looked into by an authority exercising statutory power, that too, an appellate power. Merely on a ground of absence of actual personal WP(C)18831/2008 -: 3 :- hearing, I do not deem it necessary to relegate the petitioner to the second respondent because, prima facie, it is made to appear that the contentions in Ext.P8 are adverted to in Ext.P9. 4.The petitioner is right in pointing out that the committee that has been superseded could have continued in office till 5-11-2008 and if the grounds of supersession are unsustainable, the committee has the democratic and statutory right to be in office till the period of over. 5.Under the aforesaid circumstances and more particularly because the Joint Registrar had, admittedly, not heard the petitioner in person, whatever be the reasons for such absence of hearing, it is directed that any appeal that the petitioner may file before the Government shall be taken up, considered and disposed of after hearing the petitioner and the additional third WP(C)18831/2008 -: 4 :- respondent, within an outer limit of 45 days after forthwith summoning the necessary documents from the second respondent and any further file that may be relevant from the Vadakkekad Service Co-operative Bank Limited. This time limit is fixed having regard to the fact that if the petitioner succeeds in the appeal, the committee will have an opportunity to come back. With the aforesaid directions and leaving open all the contentions of the petitioner on merits, this writ petition is ordered accordingly. THOTTATHIL B. RADHAKRISHNAN, JUDGE. Sha/250608 WP(C)18831/2008 -: 5 :- THOTTATHIL B. RADHAKRISHNAN, J. = = = = = = = = = = = = = = = = = = = = = = = = I.A.8063/2008 in WP(C).No.18831/2008-P = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 24th day of June, 2008. O R D E R This I.A. is filed by a member of the society at whose instance proceedings have been initiated. That, ultimately, led to the impugned Ext.P9 order in the writ petition. Accordingly, this I.A. is allowed. THOTTATHIL B. RADHAKRISHNAN, JUDGE. Sha/250608