IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 31ST JULY 2009 / 9TH SRAVANA 1931 WP(C).No. 21756 of 2009(L) -------------------------- PETITIONER(S): ------------------ K.S.CYRIAC, ADVOCATE, KALLIDUKKIL HOUSE, ALAKKODE, KALAYANTHANI.P.O. THODUPUZHA PIN-685588. BY ADV. SRI.GEORGEKUTTY MATHEW RESPONDENT(S): ------------------- 1. THE REGISTRAR OF CO-OPERATIVE SOCIETY, TRIVANDRUM. 2. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES PAINAVU, IDUKKI. 3. THE ALAKKODE SERVICE CO-OPERATIVE BANK REP. BY ITS SECRETARY ALAKKODE.P.O.,THODUPUZHA. 4. THE BOARD OF DIRCTORS OF ALAKKODE SERVICE CO-OPERATIVE BANK, REP. BY ITS PRESIDENT, ALAKKODE.P.O., THODUPUZHA. GOVT.PLEADER SRI.K.C.SANTHOSH KUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 31/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ================ W.P.(C) NO. 21756 OF 2009 (l) ===================== Dated this the 31st day of July, 2009 J U D G M E N T Petitioner is a member of the 3rd respondent Co-operative Bank incorporated under the provisions of the Kerala Co-operative Societies Act. 2. The first prayer sought in this writ petition is to direct the respondents 3 and 4 to postpone the general body meeting of the 3rd respondent scheduled on 9/8/09 and convene the General Body Meeting only after giving a complete statement of income and expenditure of the Bank as certified by the auditor. The ground raised by the learned counsel for the petitioner for justifying the aforesaid prayer is that Ext.P1 notice convening the General Body is not in terms of the provisions contained in the bye laws of the Society and that the General Body convened is therefore illegal. 3. In my view, even if there is substance in the complaint now raised, that does not justify invoking the extra ordinary jurisdiction of this Court under Article 226 of the Constitution of India. If at all, the petitioner has any complaint against the WPC 21756/09 :2 : manner in which the General Body is convened, being a member of the Bank, petitioner has the freedom to participate in the general body and raise his objections and it is thereafter for the General Body to decide on the objection raised. Even if the ultimate decision in the General Body is against the bye laws or the statutory provisions, then also remedies are open to the petitioner. In such circumstances, this Court will not be justified in interfering with the convening of General Body of Co-operative Society registered under the Act. 4. The second prayer sought in this writ petition is that respondents 1 and 2 should consider Ext.P6 and action should be taken against the society as provided under Sections 32 and 65 of the Act. If as stated, a complaint has been received, it is upto the statutory authorities to deal with the same in the manner as provided in law. Therefore, the writ petition is dismissed, but however, without prejudice to the contentions and the remedies that are available. ANTONY DOMINIC, JUDGE Rp