IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN TUESDAY, THE 24TH FEBRUARY 2009 / 5TH PHALGUNA 1930 WP(C).No. 5274 of 2009(D) ------------------------- PETITIONER(S): --------------- S.RAJEEV,SASI VILASOM, KAIPATTA, VATTAKKARIKKAKOM P.O. CHITHARA,KOLLAM. BY ADV. SRI.V.G.ARUN SRI.T.R.HARIKUMAR RESPONDENT(S): --------------- 1. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL)KOLLAM. 2. KOLLAM CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK LIMITED NO.Q.167 CHINNAKKADA, KOLLAM, REPRESENTED BY ITS SECRETARY. 3. A.S.NOLD,RESIDING AT SANAL MANDIRAM, AMMAN NAGAR, PATTATHANAM P.O. KOLLAM. R1 BY GP SRI K C SANTHOSH KUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B RADHAKRISHNAN, J ........................................... WP(C).NO. 5274 OF 2009 ............................................ DATED THIS THE 24 TH DAY OF FEBRUARY, 2009 JUDGMENT Heard learned counsel for the petitioner and learned Government Pleader on behalf of first respondent. Notice to respondents 2 and 3 dispensed with, preserving their right to move for review of this judgment, if aggrieved. 2. Petitioner made a complaint that the third respondent was disqualified to enter the office as a member of the committee of the second respondent. It was for the Joint Registrar to decide that issue. The parties stood relegated accordingly as per Ext.P4 judgment. The materials on record show that first respondent concluded that the third respondent was disqualified, even while resubmitted the nomination for the election that led to his victory, consequent to which he entered office as a member of the Managing Committee. But the fact of the matter remains that the first respondent has described his finding as only prima facie findings and has proceeded to what he calls as further proceedings following Ext.P8. The findings in Ext.P8 are categoric. The reasons are stated for that finding. There is no provision in Kerala Co-operative Service Act and Rules for any further exercise after formulating a prima facie finding in such a matter. Therefore the first respondent is duty bound to conclude the WP(C) 5274/2009 2 proceedings and issue orders including declaration. The formal declaration has to follow without any further delay. Hence this writ petition is ordered directing that final orders in the proceedings referred to in Ext.P8 shall be issued by the first respondent within a period of two weeks from the date of receipt of a copy of this judgment. It is clarified that if any notice has been issued to second or third respondents, following Ext.P8, let them also be heard in relation to what is stated above and in such event, the proceedings shall be concluded within a period of one month from now. But, no notice shall be issued merely on account of this judgment. THOTTATHIL B RADHAKRISHNAN, JUDGE lgk/25/2