IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 7TH APRIL 2008 / 18TH CHAITHRA 1930 WP(C).No. 9874 of 2008(A) ------------------------- PETITIONER: ------------ M.H. SHARIYAR, PUTHU VEEDU ASRAMAM P.O., KOLLAM. BY ADV. SRI.P.B.SURESH KUMAR RESPONDENTS: ------------- 1. THE REGISTRAR OF CO-OPERATIVE SOCIETIES THIRUVANANTHAPURAM. 2. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL), OFFICE OF THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES KOLLAM. 3. THE PART TIME ADMINISTRATOR KOLLAM DISTRICT CO-OPERATIVE BANK LTD., KOLLAM. 4. STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY TO GOVERNMENT GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 5. SECRETARY TO GOVERNMENT DEPARTMENT OF CO-OPERATIVE SOCIETIES GOVERNMENT OF KERALA, THIRUVANANTHAPURAM. BY ADV. SRI.B.VINOD,SC,KOLLAM DIST.CO.OP.BANK LTD. SPL. GOVT. PLEADER SMT. A.G. ANEETHA. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07/04/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PETITIONER'S EXHIBITS: W.P.C.NO. 9874/2008. ----------------------------------------------------------------- EXT.P1 TRUE COPY OF BYE-LAWS OF THE KOLLAM DISTRICT CO-OP. BANK. EXT.P1(a) ORDER DT. 17-3-2007. EXT.P2 JUDGMENT IN W.P.C.NO. 10100/2007. EXT.P3 ORDER DT. 23-7-2007. EXT.P4 ORDER DT. 6-6-2007. EXT.P5 JUDGMENT IN W.P.C.NO. 17586/2007. S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= W. P (C) No. 9874 of 2008 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 7th April, 2008. J U D G M E N T The petitioner claims to be the elected President of the Kollam District Co-operative Bank. There were 12 elected members elected in the last election on 2-5-2003. In addition to that three members were nominated by the Government under Section 31 of the Kerala Co-operative Societies Act making the number of members to 15. In March, 2008, the number of elected members dwindled to 8 on account of four others being either removed or disqualified. By Ext. P1(a), the elected committee was superseded on the ground of mismanagement and an administrator was appointed. By Ext. P2 judgment, this Court set aside Ext. P1(a) order. The petitioner alleges that again Ext. P3 order has been passed under Section 33 on the ground that there is no quorum as there were only six members, the other two elected members also having been disqualified and the nominated members having resigned in the meanwhile. The petitioner challenges Ext. P3 order. According to the petitioner, the so called disqualification of the two out of the balance eight members was during the time when Ext. P1(a) order was in force superseding the committee and therefore at that time there could not have been any order of disqualification till this Court set aside Ext. P1(a) by Ext. P2 judgment when only they would be members. The petitioner would allege that after Ext. P2 judgment, there was no order of disqualification and therefore the so called disqualification is a ruse to throw out the elected committee. He further submits that when the Government nominees resign, the Government has a duty to nominate three other members in their place, in view of Section 38(5) of the Kerala Co-operative Societies Act and the Government cannot find lack of quorum on resignation of nominated members. The petitioner therefore submits that Ext. P3 is liable to be set aside on the above W.P.C. No. 9874/2008 -: 2 :- grounds and the elected committee is liable tobe reinstated forthwith. 2. I have heard the learned counsel for the petitioner as also the learned Government Pleader. Learned Government Pleader would stoutly oppose the contentions of the petitioner. 3. I have considered the rival contentions in detail. 4. Admittedly, the term of the elected committee, even if reinstated, would expire on 2-5-2008. The impugned order Ext. P3 is dated 23-7-2007. The petitioner is challenging that order on 24-3- 2008. In the above circumstances, I am not inclined to consider the contentions of the petitioner on merits in view of the fact that no useful purpose would be served since the elected committee, even if reinstated, would have to lay down office on 2-5-2008. The writ petition is, therefore, dismissed. Sd/- S. Siri Jagan, Judge. Tds/