IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 10TH AUGUST 2009 / 19TH SRAVANA 1931 WP(C).No. 21904 of 2009(G) -------------------------- PETITIONER(S): --------------- P.CHATHU, PRESIDENT, WAYAND DISTRICT WHOLE SALE CO-OPERATIVE CONSUMERS' STORE, LTD.NO.W 36, KALPATTA, WYNAD DIST. BY ADV. SRI.P.N.MOHANAN RESPONDENT(S): --------------- 1. JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (G) KALPETTA, WAYANAD. 2. ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES(G), VYTHIRI, KALPATTA, WAYANAD 3. STATE CO-OP.ELECTION COMMISSION, REP.BY ITS SECRETARY, HOUSING BOARD BUILDING, THIRUVANANTHAPURAM. MR.K.C.SANTHOSH KUMAR, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ------------------------- W.P.(C.) No.21904 of 2009 --------------------------------- Dated, this the 10th day of August, 2009 J U D G M E N T Challenge in the writ petition is against Ext.P3. The petitioner also seeks a direction to the 3rd respondent to appoint a Returning Officer and an Electoral Officer to conduct election on 30/08/2009 to the managing committee of the petitioner, a Wholesale Co- operative Society. 2. According to the petitioner, a resolution was passed by the Board of Directors of the Society, and that was turned down by the Joint Registrar by Ext.P3, on the basis that the resolution for the election has been passed in a meeting of the Board of Directors, which did not have the quorum. A reading of Ext.P3 shows that the Director Board meeting which passed the resolution, was attended only by 5 members, as against the minimum required 7. It was on this basis that the Joint Registrar directed the Society to pass a fresh resolution and approach him for further action. 3. The learned counsel for the petitioner submits that going WP(C) No.21904/2009 -2- by the bye-laws of the Society, the quorum required is only 5, and that the bye-law with the aforesaid quorum was registered on 01/11/1985. It is stated that Section 28(5) of the Kerala Co- operative Societies Act prescribing just above 50% of the total members as quorum, was introduced with effect only from 25/08/1987. It is stated that the amendment has no retrospective effect and therefore, can have no impact on the bye-laws of the Society. 4. In my view, no bye-law of any society, can be against the statutory provisions, and if that be so, the reasoning of the Joint Registrar in Ext.P3 that the resolution was defective for want of quorum cannot be faulted. 5. The learned counsel for the petitioner submits that the Joint Registrar is playing politics and that the endeavour is only to create a situation for appointment of an Administrator. Having regard to the fact that the resolution was defective in the light of the statutory provisions, I cannot find fault with the Joint Registrar for the decision he has taken. For that reason, I am not prepared to accept the contention now raised. WP(C) No.21904/2009 -3- 6. Be that as it may, it is directed that if the petitioner approaches the 1st respondent with a proper resolution for holding the election, the 1st respondent shall immediately take necessary action for the conduct of the election to the Managing Committee of the petitioner Society. 7. The learned counsel for the petitioner submits that there is every possibility of an Administrator being appointed. Even if that happens, it is necessary that election should be held to ensure that the management of the Society is run on a democratic basis. I have no doubt that even if an Administrator is appointed, necessary steps will be taken for complying with the statutory provisions. The writ petition is disposed of as above. (ANTONY DOMINIC, JUDGE) jg