IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN THURSDAY, THE 31ST JULY 2008 / 9TH SRAVANA 1930 WP(C).No. 18116 of 2008(F) -------------------------------------- PETITIONERS: -------------------- 1. S.P.NANU, S/O. KANNAN, AGED 55, SCHOOLULLAPARAMBATH HOUSE, MOILOTHARA P.O., KAVILUMPARA VILLAGE, KOZHIKODE. 2. N.K.KUNJABDULLA, NADUKANDI HOUSE, ADUKKATH POST, KOZHIKODE. BY ADV. SRI.P.P.JACOB. RESPONDENTS: ----------------------- 1. MARUTHONKARA PANCHAYATH SERVICE CO-OPERATIVE BANK LTD.NO. D 2461, ADUKKATH, KOZHIKODE, REPRESENTED BY ITS SECRETARY. 2. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (G), KOZHIKODE. R2 BY GOVT. PLEADER SRI. P.K. RAVIKRISHNAN, R1 BY ADV. SRI.P.RAVINDRAN (SR.), R1 BY ADV. SRI.ANIL SIVARAMAN. . THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 31/07/2008, ALONG WITH W.P.(C). NO. 18764/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.18116/2008-F: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE ORDER APPOINTING ADMINISTRATOR DTD. 13/08/07. EXT.P.2: COPY OF THE NOTICE OF THE COMMITTEE MEETING DTD. 26/06/07. EXT.P.3: COPY OF THE RELEVANT PAGES OF THE MINUTE OF THE PETITIONER SOCIETY DTD. 05/07/07. EXT.P.4: COPY OF THE REPRESENTATION SUBMITTED BEFORE THE R.4. BY THE PETITIONER DTD. 13/08/07. EXT.P.5: COPY OF THE REPRESENTATION SUBMITTED BEFORE THE ADMINISTRATOR BY COMMITTEE MEMBERS DTD. 18/08/07. EXT.P.6: COPY OF THE REPRESENTATION SUBMITTED BEFORE THE SECRETARY BY THE COMMITTEE MEMBERS DTD. 04/08/07. EXT.P.7: COPY OF THE PETITION UNDER RULE 176 FILED BY PETITIONER BEFORE THE R.2. DTD. 18/08/2007. EXT.P.8: COPY OF THE JUDGMENT IN W.P.(C).25599/07 DTD. 14/01/2008. EXT.P.9: COPY OF THE JUDGMENT IN W.A. 200/08 DTD. 27/02/2008. EXT.P.10: COPY OF THE A.R.C. 27/08 DTD. 10/03/2008 FILED BEFORE THE CO-OPERATIVE ARBITRATION COURT, THIRUVANANTHAPURAM. EXT.P.11: COPY OF THE ORDER IN A.R.C. 27/08 OF THE ARBITRATION COURT DTD. 10/03/2008. EXT.P.12: COPY OF THE INTERIM ORDER IN W.P.(C).NO.2258/08 DTD. 03/04/2008. EXT.P.13: COPY OF THE NOTICE DTD. 12/05/2008 ISSUED BY R.2. EXT.P.14: COPY OF THE LETTER ISSUED BY P.1. TO THE R.2. DTD. 22/05/2008. EXT.P.15: COPY OF THE COUNTER AFFIDAVIT FILED BY R.1. IN W.P.(C).25614/07 DTD. 12/09/07. EXT.P.16: COPY OF THE ORDER ISSUED BY R.2. DTD. 23/05/2008. EXT.P.17: COPY OF THE ORDER ISSUED BY R.2. DTD. 30/05/2008. W.P.(C). NO.18116/2008-F: EXT.P.18: COPY OF THE ORDER ISSUED BY R.2. DTD. 07/06/2008. EXT.P.19: COPY OF THE NAMES CONTAINED IN EXT.P.3. WHEREIN PRESIDENT HAS NOT SIGNED. EXT.P.20: COPY OF THE NAMES CONTAINED IN EXT.P.3. WHEREIN APPLICANTS HAVE NOT SIGNED. EXT.P.21: COPY OF THE NAMES CONTAINED IN EXT.P.3. WHEREIN SUBSEQUENT DTD. APPLICATIONS RECEIVED. EXT.P.22: COPY OF THE NAMES OF PERSONS HAVING MEMBERSHIP IN ANOTHER SOCIETY. EXT.P.23: COPY OF THE AFFIDAVIT FILED BY RAMLA DTD. 08/09/07. EXT.P.24: COPY OF THE AFFIDAVIT FILED BY NANU DTD. 08/09/07. EXT.P.25: COPY OF THE AFFIDAVIT FILED BY SHAFFI DTD. 08/09/07. EXT.P.26: COPY OF THE AFIDAVIT FILED BY RASHEEDA DTD. 08/09/07. EXT.P.27: COPY OF THE AFFIDAVIT FILED BY VAHEEDA DTD. 08/09/07. EXT.P.28: COPY OF THE AFFIDAVIT FILED BY SARA DTD. 08/09/07. EXT.P.29: COPY OF THE AFFIDAVIT FILED BY DEVASIA MICHELE DTD. 08/09/07. EXT.P.30: COPY OF THE AFFIDAVIT FILED BY GEETHA DTD. 08/09/07. EXT.P.31: COPY OF THE AFFIDAVIT FILED BY ISMILE DTD. 08/09/07. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.A. TO JUDGE. prv. THOTTATHIL B. RADHAKRISHNAN, J. = = = = = = = = = = = = = = = = = = = = = = = = W.P.(C)Nos.18116/2008-F & 18764/2008-H = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 31st day of July, 2008. JUDGMENT 1.These writ petitions are filed by three members of the first respondent, a co-operative bank. The controversy is regarding the inclusion of 752 persons as members of that bank. The petitioners filed writ petitions on an earlier occasion. Though the plea in those writ petitions was to direct the Joint Registrar to consider the request of the petitioners to rescind the resolution in question, this Court relegated the parties for arbitration under Section 69 of the Kerala Co-operative Societies Act, 1969 – see judgment in WP(C).No.25136/2007 & connected cases [Ext.P8 in WP(C).18116/2008]. The first petitioner in WP(C).18116/2008 filed Writ Appeal No.200 of 2008 and obtained the judgment dated 27-2-2008 [Ext.P9 in WP(C).18116/2008]. That judgment shows that the first petitioner in WP (C).18116/2008 had taken the stand before the WP(C)18116 & 18764/08 -: 2 :- Division Bench, through his learned counsel Adv.Sri.P.P.Jacob that he has no objection to direct the Joint Registrar to consider the matter. Accordingly, the Bench vacated Ext.P8 judgment and relegated the parties to the Joint Registrar for considering the question of rescission of resolution. The Joint Registrar, thereafter, held that there are no grounds to exercise authority under Rule 176 of the Kerala Co-operative Societies Rules, 1969. Against such an order, the petitioners, if aggrieved, are entitled to a statutory remedy before the Government. 2.But, these writ petitions are filed on the premise that it was for an arbitrator to decide the issue in view of the amendment of the KCS Act, Act 1/2000. In fact, that was the foundation of Ext.P8 judgment. It is also pointed out that ARC.No.27/2008 is pending before the Co-operative Arbitration Court. Though the situation in hand is essentially the making of the writ petitioners by the submissions made on their behalf before the WP(C)18116 & 18764/08 -: 3 :- Division Bench, as of now, the writ petitioners submit through their learned counsel Adv.Sri.P.P.Jacob that they may be permitted to abide by the proceedings before the Arbitrator since the issues raised therein could not have been decided by the Joint Registrar under Rule 176 of the KCS Rules and that mere refusal to exercise authority under that rule for the reason that no ground is made out to rescind the resolution does not conclude the issues pending before the Arbitrator. Recording the aforesaid submissions on behalf of the petitioners, these writ petitions are dismissed without prejudice to the right of the petitioners to seek participation in ARC.No.27/2008 pending before the Co-operative Arbitration Court and to stand by the decision that may be rendered thereon, on merits. THOTTATHIL B. RADHAKRISHNAN, JUDGE. Sha/