IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN THURSDAY, THE 1ST JANUARY 2009 / 11TH POUSHA 1930 WP(C).No. 29631 of 2008(C) -------------------------- PETITIONER(S): --------------- 1. M.M.ABDULLA, PRESIDENT, MUKKAM SERVICE CO-OPERATIVE BANK LTD NO.F.1241,MUKKOM, KOZHIKODE. 2. THE MUKKOM SERVICE CO-OPERATIVE BANK LTD NO.F.1241, MUKKOM, KOZHIKODE, REPRESENTED BY ITS SECRETARY. BY ADV. SRI.V.G.ARUN SRI.T.R.HARIKUMAR RESPONDENT(S): --------------- 1. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL),KOZHIKODE. 2. THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL) KOZHIKODE. 3. THE CO-OPERATIVE ELECTION COMMISSION, TRIVANDRUM, REPRESENTED BY ITS SECRETARY. 4. KAPYADATH CHANDRAN, KAPYEDATH HOUSE, MANASSERI.P.O, VIA, MUKKOM, KOZHIKODE. 5. P.P.BALAN, PAYYADIPARAMBIL, MUKKOM.P.O, KOZHIKODE. R1, R2 BY GOVT. PLEADER SRI.P.K.RAVIKRISHNAN R4 BY ADV. SRI.T.G.RAJENDRAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 01/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN WPC.29631/08 PETITIONER'S EXHIBITS: EXT.P1: TRUE COPY OF THE NOTICE ISSUED TO A DIRECTOR BOARD MEMBER DATED 16.9.2008. EXT.P2: TRUE COPY OF THE NOTICE ISSUED TO A DIRECTOR BOARD MEMBER DATED 19.6.2008. EXT.P3: TRUE COPY OF THE PENDING SHARE APPLICATIONS AS ON 22.9.2008. EXT.P4: TRUE COPY OF THE MINUTES OF THE MEETING HELD ON 18.9.2008. EXT.P5: TRUE COPY OF THE NOTICE ISSUED BY THE SECOND REPSONDENT DATED 19.9.2008. EXT.P6: TRUE COPY OF THE REPLY SENT TO THE SECOND RESPONDENT DATED 20.9.2008. EXT.P7: TRUE COPY OF NOTICE NO.TDS/CLT/2007-08 OF THE INCOME TAX DEPARTMETN DATED 10.9.2008. EXT.P8: TRUE COPY OF THE LETTER TO THE SECOND RESPONDENT DATED 19.9.2008. EXT.P9: TRUE COPY OF THE LETTER TO THE THIRD RESPONDENT DATED 19.9.2008 ALONG WITH REQUEST. EXT.P10: TRUE COPY OF THE LETTER ALONG WITH COPY OF THE CHALAN DATED 22.9.2008. EXT.P11: TRUE COPY OF THE NOTICE NO.CRP.5869/08 OF THE FIRST RESPONDENT DATED 29.9.2008. EXT.P12: TRUE COPY OF THE ORDER NO.CRP.4514/04 OF THE FIRST RESPONDENT DATED 20.9.2008. /TRUE COPY/ THOTTATHIL B.RADHAKRISHNAN, J. ------------------------------------------- W.P(C).No.29631 OF 2008 ------------------------------------------- Dated this the 1st day of January, 2009 JUDGMENT The petitioners, a co-operative society and its President challenge Ext.P11 notice, calling upon them to show cause against a proposal to rescind a resolution drawn in connection with the conduct of election to the committee. The second paragraph of Ext.P11 will show that the action was taken on the basis of certain complaints regarding the mode in which that meeting was conducted. At the stage of admission, this Court granted an interim order of stay of further proceedings on the basis of Ext.P11. Following that order dated 7.10.2008, the competent authority notified the election on the strength of the resolution that was sought to be rescinded and as of now, election has been held and results declared. Under such circumstances, the new elected committee having come into office, no purpose will be served by sustaining the impugned Ext.P11. Accordingly, recording the fact that election has been WPC.29631/08 Page numbers conducted and that new committee has come into office, further proceedings on the basis of Ext.P11, including the said notice, are hereby quashed and the writ petition is ordered accordingly. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge kkb.1/1.