IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 18TH AUGUST 2009 / 27TH SRAVANA 1931 WP(C).No. 23614 of 2009(V) -------------------------- PETITIONER(S): --------------- JOSEPH MATHEW, MUTTINAL HOUSE, VILLOONNI P.O., ARPOOKKARA, KOTTAYAM DISTRICT. BY ADV. SRI.K.REGHU KOTTAPPURAM SRI.M.MUKESH RESPONDENT(S): --------------- 1. ARPOOKKARA SERVICE CO-OPERATIVE BANK REPRESENTED BY ITS SECRETARY, OFFICE OF THE ARPOOKKARA SERVICE CO-OPERATIVE BANK LTD.NO.1931, ARPOOKKARA, KOTTAYAM. 2. THE DISTRICT JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES, KOTTAYAM, OFFICE OF THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES, KOTTAYAM. 3. NODAL OFFICER (UNDER THE DEBT RELIEF SCHEME), DISTRICT CO-OPERATIVE BANK, KOTTAYAM. 4. N.R.SURESH KURUP, PRESIDENT, ARPOOKKARA SERVICE CO-OPERATIVE BANK LTD.NO.1931, VILLOONNI P.O., ARPOOKKARA, KOTTAYAM. 5. E.N.MURALEEDHARAN NAIR, MEMBER MANAGING COMMITTEE, ARPOOKKARA SERVICE CO-OPERATIVE BANK LTD.NO.1931, VILLOONNI P.O., ARPOOKKARA, KOTTAYAM. MR.K.C.SANTHOSHKUMAR, GOVERNMENT PLEADER MR.T.A.SHAJI, SC FOR THE BANK THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ------------------------- W.P.(C.) No.23614 of 2009 --------------------------------- Dated, this the 18th day of August, 2009 J U D G M E N T The petitioner submits that in the election held to the Board of Directors of the 1st respondent Society on 27/06/2004, respondents 4 & 5 contested and won the election. It is stated that according to the petitioner, the aforesaid respondents are disqualified to have contested the election, and therefore, he moved the Assistant Registrar, who rejected the complaint by Ext.P3. Against that order he has filed Ext.P6 revision invoking the revisional power of the Joint Registrar, and Ext.P6 is pending. While so, the term of the Board of Directors expired and therefore, election was held on 02/08/2009. In that election also, the aforesaid respondents contested and have won. Reiterating their disqualification and ineligibility, that the respondents 4 & 5 have suffered, the petitioner has again filed Ext.P7 before the Joint Registrar under Rule 44 of the Kerala Co- operative Societies Rules. Orders have not been passed on Ext.P7 also. It is in these circumstances, this writ petition is filed. WP(C) No.23614/2009 -2- 2. In this writ petition, what is sought of is a direction to the 2nd respondent to consider and pass orders on Exts.P6 & P7. Therefore, taking into account the above, this writ petition is disposed of directing the 2nd respondent to consider Ext.P6, which has been forwarded to him under cover of Ext.P5, and also Ext.P7, with notice to the petitioner and respondents 4 & 5. This shall be done as expeditiously as possible, at any rate, within eight weeks of production of a copy of this judgment, along with a copy of this writ petition. The writ petition is disposed of as above. (ANTONY DOMINIC, JUDGE) jg