IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN WEDNESDAY, THE 23RD JANUARY 2008 / 3RD MAGHA 1929 WP(C).No. 29161 of 2007(V) --------------------------------------- PETITIONER: ------------------- M.M. MUKUNDA KUMAR, S/O.MADHAVAN NAIR, MUKUNDAVILASAM, KOODAPULAM P.O., RAMAPURAM. BY ADV. SRI.G.HARIHARAN. RESPONDENTS: ------------------------ 1. THE RAMAPURAM REGIONAL SERVICE CO-OPERATIVE BANK LTD.NO.411, RAMAPURAM. 2. THE PART TIME ADMINISTER, RAMAPURAM REGIONAL SERVICE CO-OPERATIVE BANK LTD. NO.411, RAMAPURAM. 3. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL), KOTTAYAM. *ADDL.R4. V.A. JOSE, MEMBER NO. 4530, RAMAPURAM- REGIONAL SERVICE CO.OPERATIVE BANK LTD. NO. 4111, RAMAPURAM, MEENACHIL, KOTTAYAM, RESIDING AT UZHUNNALIL HOUSE, RAMAPURAM, KOTTAYAM DISTRICT. *ADDL. R4. IMPLEADED AS PER ORDER DTD. 10/10/07 IN I.A. 13500/2007. R1 TO R4 BY GOVT. PLEADER SRI. P.K. RAVIKRISHNAN, ADV. SRI.O.D.SIVADAS, ADV. SRI.P.C.SASIDHARAN. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 23/01/2008,ALONG WITH W.P.(C). NOS. 34274/2007 & 35785/ 2007 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.29161/2007-V: APPENDIX PETITIONER'S EXHIBITS : EXT.P.1: COPY OF THE NOTICE OF THE GENERAL BODY WAS PUBLISHED IN THE DEEPIKA DAILY DTD. 22/07/05. EXT.P.2: COPY OF THE RESOLUTION PASSED BY THE GENERAL BODY HELD ON 30/07/05. EXT.P.3: COPY OF THE RELEVANT PORTION OF THE APPROVED AMENDMENT. EXT.P.4: COPY OF THE REPRESENTATION DTD. 20/09/07. RESPONDENT'S EXHIBITS: EXT.R4.A: COPY OF THE BYELAW AMENDMENT APPROVED BY THE REGISTRAR DTD. 21/03/06. EXT.R4.B: COPY OF THE NOTIFICATION ISSUED BY THE SOCIETY DTD. 29/12/06. //TRUE COPY// prv. THOTTATHIL B.RADHAKRISHNAN, J. ------------------------------------------- W.P(C).Nos.29161, 34274 & 35785 OF 2007 ------------------------------------------- Dated this the 23rd day of January, 2008 JUDGMENT The controversy in these writ petitions essentially revolves on the question as to whether the Joint Registrar exercising the powers of the Registrar had granted time up to 31.3.2007, for paying the balance value of 'A' class shares while approving amendment to the bye-laws. The officer then in charge, Sri.S.Gopalakrishna Pillai, has sworn to an affidavit on 14.12.2007 stating, among other things, as follows: “The Ramapuram Regional Service Co-operative Bank Ltd No.Q 4111, Ramapuram is a co-operative society functioning under the supervision and administrative control of the Assistant Registrar of Co-operative Societies (General), Meenachal which is within the jurisdiction of the Joint Registrar of Co-operative Societies (General), Kottayam. During my tenure as Joint Registrar of Co-operative Societies (General), Kottayam, the amended By-laws of the said society has been forwarded to the office of the Joint Registrar of Co-operative Societies (General), Kottayam for WPC.Nos.29161/07 & 34274/07 Page numbers registration. By-laws of the said society was amended in the General Body meeting of the said society dated 30.07.2005 and along with other amendments, the General Body passed the resolution to amend and enhance the value of 'A' class shares from Rs.10/- to Rs.25/- and time was given up to 31/03/2006 for payment of the balance value of shares. It is specifically stated that if the enhanced value of the shares are not paid within that time, those 'A' class shares will be treated as 'C' class shares. The said society submitted the amendments to the office of the Assistant Registrar of Co-operative Societies (General), Pala on 20.10.2005 and after completing the formalities in that office, it was forwarded to my office at Kottayam and the concerned files reached to me on 21.03.2006. After perusing the files, I approved the amendments and directed to register the amendments. The concerned section of my office noticed the impropriety in granting time up to 31.03.2006 for the payment of deficit value of 'A' class shares since the amendment was approved as per Order No.O/9832/05 dated 21.03.2006. Thus in order to alleviate the share holders to get sufficient time to pay the enhanced amount of shares, I bonafide granted time up to 31.03.2007 for paying the balance value of 'A' class shares. If that much time was not granted, it will prejudicially affect the interest of WPC.Nos.29161/07 & 34274/07 Page numbers share holders and the society. So I bonafide granted that much time considering the note put up with the concerned section with regard to that amendment. I am admitting that extension of time over and above the time fixed by the General Body has been fixed by me as Joint Registrar of Co-operative Societies (General) Kottayam on a bonafide belief that it is quite necessary. 2. In view of the above, there can be no doubt that the approval of the amendment to the bye-laws was made granting time up to 31.3.2007 for paying balance value of 'A' class shares. It is so declared. The votes cast in the election in question will be counted on the basis of this declaration and any result which has been withheld during the pendency of this writ petition shall also be declared within a period of two weeks from now. Consequently, Ext.P12 in W.P(C).35785/07 is quashed. These writ petitions are disposed of in the above terms. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge kkb. WPC.Nos.29161/07 & 34274/07 Page numbers THOTTATHIL B.RADHAKRISHNAN, J. ------------------------------------------- W.P(C).Nos.29161 & 34274 OF 2007 ------------------------------------------- Dated this the 21st day of November, 2007 O R D E R When the latter among the captioned writ petitions came up yesterday, it was listed along with the former, today. 2. In W.P(C).29161/07, there was some controversy regarding the date, from which, the particular approval order of amendment of the bye-laws of the society would come into effect. This was noticed on 12.11.2007 and the learned Special Government Pleader was required to place the relevant files. On 15.11.2007, it was pointed out that the officer who put the signature at page 128 of the file has demitted office on 31.9.2007 and the present incumbent came in only thereafter. On that day, it was not stated that the present incumbent had passed any order. Accordingly, the order dated 15.11.2007 was issued in W.P(C).29161/07, directing that the present incumbent in office would identify WPC.Nos.29161/07 & 34274/07 Page numbers her predecessor officer and will require him to place an affidavit on record, whether he owns the correction at page 125(8) regarding the date, until which, the issuance of membership could be made. 3. Today, the Part-time Administrator, who is none other than the departmental nominee, has placed before me an order dated 14.11.2007, i.e., a day preceding the order dated 15.11.2007 in W.P(C).29161/07, by which, the Joint Registrar (General) has clarified the earlier order by stating that there was an error in the entry. I am afraid that if such an order was there, the present incumbent acted in a manner attempting to overreach this Court by making submissions through the learned Special Government Pleader on 15.11.2007 without notifying this Court about the contents of the order dated 14.11.2007. Learned Special Government Pleader owns up today that all that she submitted on 15.11.2007 was that the parties were heard by the present incumbent regarding the complaints. However, even according to the learned Special WPC.Nos.29161/07 & 34274/07 Page numbers Government Pleader, she had no instructions whatsoever on 15.11.2007 of any order having been passed on 14.11.2007. 4. The date for publishing final voters list is today and the election process has to go on. 5. In the aforesaid circumstances, while admitting W.P(C). 34274/07 and tagging it along with W.P(C).29161/07, there will be an interim order of stay of the decision contained in order No.C.R.P(1) 7160/07/K.Dis. dated 14.11.2007 of the Joint Registrar (General), Kottayam in relation to the society in question and the society, through the Part-time Administrator and the Electoral Officer are directed to ensure that voters list, including all members who are on rolls 60 days ago, is published and election conducted on that basis. Such election shall be provisional and the ballot boxes shall not be opened until obtaining permission of this Court. WPC.Nos.29161/07 & 34274/07 Page numbers 6. In W.P(C).34274 of 2007, the learned Special Government Pleader takes notice for respondents 1 to 4. Adv.Sri.O.D.Sivadas takes notice for the 5th respondent. Adv.Sri.G.Hariharan takes notice for the 6th respondent. Service complete. The Joint Registrar is also directed to furnish a copy of the order stated to be issued by that office on 14.11.2007 to the first petitioner in W.P(C).34274/07. List these matters on 4.12.2007. THOTTATHIL B.RADHAKRISHNAN, Judge kkb.