IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN THURSDAY, THE 25TH AUGUST 2011 / 3RD BHADRA 1933 WP(C).No. 2888 of 2009(R) ------------------------- PETITIONER(S): --------------- ADV.N.BAJEE,CHAIRMAN, MANAGING COMMITTEE OF NEDUMANGAD URBAN CO-OPERATIVE BANK LTD.,NO.3193,NEDUMANGAD, THIRUVANANTHAPURAM DISTRICT. BY ADV. SRI.GEORGE POONTHOTTAM RESPONDENT(S): --------------- 1. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (G) THIRUVANANTHAPURAM. 2. THE PART TIME ADMINISTRATOR, NEDUMANGAD URBAN CO-OPERATIVE BANK LTD.NO.3193, NEDUMANGAD, THIRUVANANTHAPURAM DISTRICT. BY GOVERNMENT PLEADER SRI.D.SOMASUNDARAM FOR R1 BY ADV. SRI.V.G.ARUN FOR R-2 BY ADV. SRI.T.R.HARIKUMAR FOR R-2 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN W.P.(C) NO.2888 OF 2009 EXT.P1 TRUE COPY OF THE NOTICE NO.C.R.B. 8870/06 DATED 28.1.2008 EXT.P2 TRUE COPY OF THE REPLY DATED 21.2.2008 EXT.P3 TRUE COPY OF THE ORDER NO.C.R.B./8870/06 DATED 28.2.2008 EXT.P3(a) TRUE COPY OF THE TYPED COPY OF EXT.P3 EXT.P4 TRUE COPY OF THE JUDGMENT IN W.P.(C) No.7922 of 2008 DATED 30.7.2008 EXT.P5 TRUE COPY OF THE NOTICE NO.8870/06 DATED 1.11.2008 EXT.P6 TRUE COPY OF THE REPLY DATED 19.11.2008 GIVEN BY THE PETITIONER. EXT.P7 TRUE COPY OF THE ORDER NO.CRB.8870/06 DATED 15.1.2009. RESPONDENT'S EXTS: EXT.R2(a) COPY OF THE ORDER DATED 6.8.2009 EXT.R2(b) COPY OF THE RESOLUTION DATED 15.11.2010. //TRUE COPY// P.A. TO JUDGE. P.N. RAVINDRAN, J. ------------------------------- W.P.(C) No.2888 of 2009 ------------------------------- Dated this the 25th day of August, 2011 J U D G M E N T The petitioner, the former Chairman of the Managing Committee of the Nedumangad Urban Co-operative Bank Ltd. No.3193 has filed this writ petition challenging Ext.P7 order dated 15.1.2009 issued by the Joint Registrar of Co-operative Societies (General) Thiruvananthapuram under section 32 of the Kerala Co-operative Societies Act, 1969 superceding the Managing Committee and appointing an Administrator to manage the affairs of the society. 2. When the writ petition came up for hearing today, Sri.George Poonthottam, learned counsel appearing for the petitioner submitted that by efflux of time, though the relief prayed for by the petitioner has become infructuous and elections will have to be held to elect a new set of office bearers, the petitioner apprehends that he and other members of the Managing Committee that was superceded by the impugned order are likely to be disqualified from contesting the elections by relying on clause (e) of sub-section (1) of section 32 of the Kerala Co-operative Societies Act, 1969, which was introduced by Act 7 of 2010, with effect from 28.4.2010. 3. Sri.D.Somasundaram, learned Special Government W.P.(C) No.2888 of 2009 2 Pleader appearing for the first respondent submitted on instructions that though the maximum period for which an Administrator can be appointed expired long ago, in view of the interim order passed by this Court directing status quo to be maintained, the Administrator is continuing in office by virtue of the orders issued by the Government. The learned Special Government Pleader also submitted that as the term of the committee of which the petitioner was the Chairman has expired, all that remains to be done is to hold an election to elect a new set of office bearers and that as clause (e) of sub-section (1) of section 32 of the Kerala Co-operative Societies Act has only prospective operation from 28.4.2010, the members of the Managing Committee which was superceded by the impugned order passed on 15.1.2009 will not be governed by the said provision. In the light of the said submission, I dispose of the writ petition with a direction to the respondents to hold elections to the managing committee of the Nedumangad Urban Co-operative Bank Ltd. No.3193 expeditiously and in any event within a period of three months from the date of receipt of a certified copy of this judgment. It is also declared that the petitioner and other members of the Managing Committee which was superceded by Ext.P7 will not be governed by clause (e) of sub-section (1) of section 32 of the Kerala W.P.(C) No.2888 of 2009 3 Co-operative Societies Act for the reason that the committee of which they were members was superceded by order dated 15.1.2009. P.N. RAVINDRAN, JUDGE. nj. P.N.RAVINDRAN, J. -------------------------------------- W.P.(C) No.2888 of 2009 JUDGMENT Dated:- 25th August, 2011 --------------------------------------