IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN MONDAY, THE 27TH JUNE 2011 / 6TH ASHADHA 1933 WP(C).No. 24240 of 2010(D) -------------------------- PETITIONER(S): --------------- SUNIL NAMBIAR, PRESIDENT, EXPRESS GROUP EMPLOYEES CREDIT, CO-OP. SOCIETY LTD. NO. E-720, KALOOR, KOCHI. BY ADV. SRI.B.S.SWATHY KUMAR SMT.P.A.ANITHA RESPONDENT(S): --------------- 1. THE JOINT REGISTRAR OF CO-OP. SOCIETIES (G), ERNAKULAM.-16 2. THE ASSISTANT REGISTRAR OF CO-OP. SOCIETIES (G), KANNAYANNUR, ERNAKULAM.-16 3. K.RADHAKRISHNA PILLAI, MEMBER MANAGING COMMITTEE OF EXPRESS GROUP EMPLOYEES CREDIT CO-OP. SOCIETY LTD. NO. E-720, KALOOR, KOCHI-17. 4. D.BALAKRISHNA PANICKER, MEMBER MANAGING COMMITTEE OF EXPRESS GROUP EMPLOYEES CREDIT CO-OP. SOCIETY LTD. NO. E-720, KALOOR, KOCHI-17. 5. ALAGAR SWAMI P., MEMBER MANAGING COMMITTEE OF EXPRESS GROUP EMPLOYEES CREDIT CO-OP. SOCIETY LTD. NO. E-720, KALOOR, KOCHI, PRESENTLY EMPLOYED AS SKILLED BALLER, THE NEW INDIAN EXPRESS, EAST HILL ROAD, WEST HILL P.O., CALICUT. WP(C).No. 24240 of 2010(D) 2 6. P.A.FRANCIS, MEMBER MANAGING COMMITTEE OF EXPRESS GROUP EMPLOYEES CREDIT CO-OP. SOCIETY LTD. NO. E-720, KALOOR, KOCHI. 7. REKHA SUDHEER, MEMBER MANAGING COMMITTEE OF EXPRESS GROUP EMPLOYEES CREDIT CO-OP. SOCIETY LTD. NO. E-720, KALOOR, KOCHI. ADV. SMT.K.SUNITHA VINOD FOR R3-7 GOVERNMENT PLEADER SRI.S.ABDUL SALAM FOR R1,2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 27/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 24240 of 2010(D) APPENDIX PETITIONER'S EXHIBITS: EXT.P1. TRUE COPY OF THE BYE LAW OF THE PETITIONER'S SOCIETY. EXT.P2. TRUE COPY OF THE CERTIFICATE OF REGISTRATION OF ;AMENDMENT NO.14/2002 DATED 27.4.2002 EXT.P3. TRUE COPY OF THE MINUTES OF THE MEETING HELD ON 17.4.2010 OF THE PETITIONER'S SOCIETY. EXT.P4. TRUE COPY OF THE NOTICE NO.1068/10/N DATED 20.7.2010 ISSUED BY THE 2ND RESPONDENT. RESPONDENTS' EXHIBITS: EXT.R2(a) TRUE COPY OF THE NOTICE FOR NO CONFIDENCE MOTION DATED 8.7.2010 EXT.R2(b) TRUE COPY OF THE ORDER NO.CRB 802/10 DATED 13.7.2010 EXT.R2(c) TRUE COPY OF THE COMPLAINT. / TRUE COPY / P.S.TO JUDGE P.N.RAVINDRAN, J. ----------------------------------------- W.P(C).No.24240 of 2010 ----------------------------------------- Dated this the 27th June, 2011 JUDGMENT The petitioner, who is the President of Express Group Employees Credit Co-operative Society Limited, has filed this writ petition seeking the following reliefs:- i) to declare that the petitioner who has come to power as President by the operation of Clause 19 of Ext.P1 is legally entitled to continue as President as long as he holds the post of General Manager, Kerala Region of Express Group of Publication and that neither respondents 3 to 7 or the Managing Committee has any right or authority to express no- confidence on the petitioner or to remove him as per Rule 43-A and that respondents 1 and 2 have no right or authority to issue Ext.P4 and that Ext.P4 is vitiated with illegality and lack of jurisdiction and further declare that Ext.P4 is inoperative and liable only to be quashed. ii) issue a writ of certiorari or any other appropriate writ, order or direction calling for the records leading to Ext.P4 and quash the same. The writ petition was filed seeking the aforesaid reliefs in view of W.P(C) NO.24240/2010 -:2:- a no-confidence motion moved by respondents 3 to 7 and the issuance of Ext.P4 notice by the Assistant Registrar of Co- operative Societies (General), Kanayannur convening a meeting to consider the said motion. 2. When the writ petition came up for admission hearing on 5.8.2010 this Court, after hearing the learned counsel appearing for the party respondents and the learned Government Pleader, passed an interim order staying further proceedings pursuant to Ext.P4 including the convening of the meeting on 10.8.2010. The said interim order was taken up in appeal by respondents 3 to 7 by filing W.A.No.1354 of 2010. The Division Bench declined to interfere with the interim order, but observed that the learned single Judge may dispose of the writ petition untrammelled by the observations made in the interim order. The interim order was thereafter being extended from time to time and it is in force even today. 3. When the writ petition came up for hearing today, the learned counsel appearing for respondents 3 to 7 submitted that respondents 3 to 7 are not interested in pursuing the no confidence motion and that they are withdrawing the same. In the light of the said submission the petitioner cannot have any W.P(C) NO.24240/2010 -:3:- subsisting grievance. The writ petition is accordingly closed recording the submission made by the learned counsel appearing for respondents 3 to 7 that respondents 3 to 7 are not pursuing the no confidence motion moved by them. Needless to say the contentions raised by both sides on the merits are kept open to be decided, if required, later. The Assistant Registrar of Co- operative Societies shall issue consequential orders withdrawing Ext.P4 in the light of the undertaking made by the learned counsel appearing for respondents 3 to 7. P.N.RAVINDRAN, Judge. ahg. P.N.RAVINDRAN, J. --------------------------- W.P(C).No.24240 of 2010 ---------------------------- JUDGMENT 27th June, 2011