IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN FRIDAY, THE 30TH MAY 2008 / 9TH JYAISHTA 1930 WP(C).No. 16142 of 2008(V) --------------------------------------- PETITIONER: ------------------- K.PAULOSE, KUNNAMPARAMBIL HOUSE, NEAR GUEST HOUSE, SULTHAN BATHERY. BY ADV. SRI.P.V.JYOTHI PRASAD. RESPONDENTS: ------------------------ 1. JOINT REGISTRAR (GENERAL) CO-OPERATIVE SOCIETIES OF THE JOINT REGISTRAR (GENERAL), KALPATTA, WAYANAD. 2. THE SULTHAN BATHERY TALUK CO-OPERATIVE ARTS COLLEGE, REP. BY SECRETARY, SULTHAN BATHERY, WAYANAD. 3. BENNY ABRAHAM, THE SULTHAN BATHERY TALUK CO-OP.ARTS COLLEGE, SULTHAN BATHERY, WAYANAD. 4. BABU JOHN, THE SULTHAN BATHERY TALUK CO-OP. ARTS COLLEGE, SULTHAN BATHERY, WAYANAD. 5. THE REGISTRAR, CO-OPERATIVE SOCIETIES, THIRUVANANTHAPURAM. R1 & R5 BY SR. GOVT. PLEADER SMT. ANU SIVARAMAN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30/05/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B. RADHAKRISHNAN, J. = = = = = = = = = = = = = = = = = = = = = = = = WP(C).No.16142 of 2008-V = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 30th day of May, 2008. JUDGMENT Second respondent is an educational co-operative society. It runs what is called a parallel college. The petitioner is a Lecturer in that institution. He challenges the continuance of certain persons as members of the committee of that society on the ground that they are drawing salaries and are employed with the second respondent and hence, incompetent to be members of the committee in terms of Rule 44(1) of the Kerala Co-operative Societies Rules, 1969. The Joint Registrar (General) has taken a view in Ext.P4 that it would lead to a paradoxical situation, if that rule is applied to educational co-operative societies, the primary objective of WP(C)16142/2008 -: 2 :- which is to provide opportunities to unemployed persons who are willing to take teaching as a profession. Such a view having been taken and no other ground or complaint having been shown against those in office as members of the society, I do not deem it appropriate for this Court to direct the Registrar to take up Exts.P6 and P7 to consider supersession of the committee. But the issue in hand is one where the focused attention of the Government appears to be necessary in the nature of the rule in question and the purpose and object of the type of societies called the “educational Co-operative Societies”. Hence, while refusing to issue any direction to the Registrar to consider Exts.P6 and P7, it is directed that if the petitioner makes appropriate representation before the Government, including by way of an appeal against Ext.P4, that would be treated by the competent authority, having regard to the different aspect of the matter as pointed out in this judgment also. The needful will be done within four months from the date of receipt WP(C)16142/2008 -: 3 :- of a copy of this judgment and representation/appeal as aforesaid. THOTTATHIL B. RADHAKRISHNAN, JUDGE. Sha/030608