IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 11TH JANUARY 2011 / 21ST POUSHA 1932 WP(C).No. 918 of 2011(L) ------------------------ PETITIONER: --------------- THE BOARD OF MANAGEMENT OF THE KALLOORKAD FARMERS CO-OPERATIVE BANK LTD.NO.2605,K ALLOORKAD-686 668, MUVATTUPUZHA, ERNAKULAM DISTRICT REPRESENTED BY ITS PRESIDENT, JOLLY GEORGE. BY ADVS. SRI.P.V.BABY SRI.R.KIRAN RESPONDENTS: ---------------------- 1. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (G), ERNAKULAM-682 016. 2. K.K.JAYESH, DIRECTOR, KALLOORKAD FARMERS CO-OPERATIVE BANK LTD.NO.2605, KALLOORKAD-686 668, MUVATTUPUZHA, ERNAKULAM DISTRICT. 3. SMT.PANKAJAKSHI RAMANKUTTY, DIRECTOR, KALLOORKAD FARMERS CO-OPERATIVE BANK LTD.NO.2605, KALLOORKAD-686 668, MUVATTUPUZHA, ERNAKULAM DISTRICT. BY GOVERNMENT PLEADER, SRI.P.M.MANOJ THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/01/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: VK P.N.RAVINDRAN, J. ------------------------------- W.P.(C).No.918 of 2011 ------------------------------- Dated this the 11th day of January, 2011. J U D G M E N T The petitioner is the Board of Directors of the Kalloorkad Farmers Co-operative Bank Limited, No.2605, Kalloorkad P.O., Ernakulam. The Board of Directors of the said society had, in terms of paragraph 23(2) of the bye laws elected an Executive Committee consisting of six members, including the President of the society. Respondents 2 and 3 were two among the members who were thus elected. While matters stood thus, seven members of the Board of Directors submitted Ext.P1 representation before the President of the bank requesting that respondents 2 and 3 should be removed from the Executive Committee. The said request was considered by the Board of Directors at its meeting held on 13.12.2010. On that day, the Board of Directors passed Ext.P3 resolution, removing respondents 2 and 3 from the Executive Committee and electing two other persons in their place. Respondents 2 and 3 thereupon 2 W.P.(C).No.918 of 2011 moved the Joint Registrar of Co-operative Societies (General), Ernakulam, challenging the said decision. On that petition, the Joint Registrar of Co-operative Societies (General), Ernakulam, passed Ext.P4 interim order, directing the respondents to maintain the status quo prior to 13.12.2010, until the petition is heard and is disposed of. Ext.P4 is under challenge in this writ petition. The main contention raised by the petitioner is that the Joint Registrar of Co-operative Societies (General), Ernakulam, does not have the power or authority to sit in appeal over the decision of the Board of Directors and therefore Ext.P4 is an order passed without jurisdiction. 2. I heard Sri.P.V.Baby, the learned counsel appearing for the petitioner and Sri.P.M.Manoj, the learned Special Government Pleader for the first respondent. A reading of Ext.P4 makes it evident that it is only an interim order passed on a petition filed by respondents 2 and 3. Ext.P4 order discloses that the petition filed by respondents 2 and 3 will be heard on 19.1.2011. In view of the fact that Ext.P4 is only an interim order 3 W.P.(C).No.918 of 2011 which will operate till the petition filed by respondents 2 and 3 is heard and disposed of and the hearing is scheduled to be held on 19.1.2011, I am of the opinion that, the petitioner should appear before the Joint Registrar of Co-operative Societies (General), Ernakulam, and put forward the contentions raised in this writ petition before that officer. The interests of the petitioner can be safeguarded by directing the first respondent to pass final orders on the petition submitted by respondents 2 and 3 expeditiously. I accordingly I dispose of the writ petition with a direction to the first respondent to pass a final orders on the petition submitted by respondents 2 and 3 which is referred to Ext.P4, within two weeks from 19.1.2011 and to communicate copies of the order to all the parties concerned. The first respondent shall, on the petitioner producing a certified copy of this judgment along with a copy of the writ petition, furnish a copy of the petition filed by respondents 2 and 3 to the President of the Kalloorkad Farmers Co-operative Bank. It will be open to the 4 W.P.(C).No.918 of 2011 President of the Kalloorkad Farmers Co-operative Bank Limited, to submit a written representation raising all available contentions, including the maintainability of the petition, before the Joint Registrar of Co-operative Societies (General), Ernakulam, and the Joint Registrar shall while passing orders have due regard to the objections raised by the petitioner. P.N.RAVINDRAN, Judge. ami/