IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE B.P.RAY MONDAY, THE 14TH MARCH 2011 / 23RD PHALGUNA 1932 WA.No. 354 of 2011() -------------------- APPELLANT(S): PETITIONER IN THE WP(C) ------------------------------------------------------------- P.S.SURESHKUMAR, S/O.PRABHAKARAN PILLAI, VILAYILAZHIKAM VEEDU, NELESWARAM (PO), NEDUVATHOOR, KOTTARAKKARA, KOLLAM DISTRICT. BY ADV. SRI.M.V.THAMBAN SRI.R.REJI SMT.THARA THAMBAN SRI.B.BIPIN SMT.REVATHY P.NAIR RESPONDENT(S): RESPONDENT IN THE WP(C) ------------------------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO THE GOVERNMENT, DEPARTMENT OF CO-OPERATIVE SOCIETIES, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695001. 2. THE REGISTRAR, CO-OPERATIVE SOCIETIES, THIRUVANANTHAPURAM - 695006. 3. THE JOINT REGISTRAR, CO-OPERATIVE SOCIETIES, KOLLAM - 691001. 4. THE ASSISTANT REGISTRAR, CO-OPERATIVE SOCIETIES, OFFICE OF THE ASSISTANT REGISTRAR, KOTTARAKKARA 691506. W.A. NO.354/2011 5. GURUKUMARA THAMBI, ACHARYAMANGALAM, ANAKOTTOOR (PO), NEDUVATHOOR, KOTTARAKKARA, KOLLAM DISTRICT 691506. 6. NEDUVATHOOR SERVICE CO-OPERATIVE BANK LTD. NO.3856, REPRESENTED BY THE SECRETARY, NEDUVATHOOR (PO), KOTTARAKKARA, KOLLAM DISTRICT 691506. BY GOVT. PLEADER SMT.ANU SIVARAMAN THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 14/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss C.N.RAMACHANDRAN NAIR & B.P.RAY, JJ. ``````````````````````````````````````````````````````` W.A. No. 354 of 2011 ``````````````````````````````````````````````````````` Dated this the 14th day of March, 2011 J U D G M E N T Ramachandran Nair, J. Appellant is an elected member of the Board of Directors of a Society. He is not allowed to take charge merely because his relative is said to be an employee in the very same society. While case of the appellant is that the relative employed in the society is not within the prohibited degrees of relationship stated in the Rules, learned Government Pleader's contention is that decision by Joint Registrar is that the relationship the employee has with the appellant is such as to disqualify the appellant from being a member of the Board. 2. Strangely, both sides rely on very same judgment of this Court in the matter. We feel, this being a pure question of law and since appellant is already elected to the Board, the Government should decide the matter without any delay. WA.No.354/2011 : 2 : 3. Accordingly, we dispose of the Writ Appeal by modifying impugned judgment with direction to the first respondent to hear and decide the matter within three weeks from today. Appellant will produce a copy of this judgment before the first respondent, who will give a posting, hear the appellant and decide the matter, if necessary, after hearing the Joint Registrar as well. The first respondent should consider the scope of the decision in Joint Registrar Vs. Gopalakrishna Pillai [2009 (4) KLT 824]. Issue copy today itself to both sides. Sd/- (C.N.RAMACHANDRAN NAIR, JUDGE) Sd/- (B.P.RAY, JUDGE) aks // True Copy // P.A. To Judge