IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN FRIDAY, THE 8TH AUGUST 2008 / 17TH SRAVANA 1930 WP(C).No. 14627 of 2008(N) --------------------------------------- PETITIONERS: --------------------- 1. P.V.KOYA, S/O. USSAN KUTTY, AGED 72 YEARS, PUTHANVEETTIL HOUSE MUNDENGARA, EDAVANNA,MALAPPURAM DISTRICT. 2. E.ABOOBACKER, S/O. KUNHALI, ELEDATH HOUSE, KARAPARAMBU, PULPATTA, MALAPPURAM DISTRICT. BY ADV. SRI.BABU S. NAIR. RESPONDENTS: ----------------------- 1. THE REGISTRAR OF CO-OP SOCIETIES, TRIVANDRUM. 2. THE JOINT REGISTRAR, CO-OPERATIVE SOCIETIES,MALAPPURAM. 3. THE ASSISTANT REGISTRAR (GENERAL), CO-OPERATIVE SOCIETIES,MANJERI. *ADDL.R4. THE MANJERI CIRCLE CO-OPERATIVE UNION, REPRESENTED BY ITS SECRETARY, MANJERI, MALAPPURAM DISTRICT. *IMPLEADED AS PER ORDER IN I.A. NO. 6709/2008 DTD. 02/06/2008. R1 TO R3 BY SR. GOVT. PLEADER SMT. ANU SIVARAMAN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08/08/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. THOTTATHIL B. RADHAKRISHNAN, J. ---------------------------------------------------------------- W.P.(C) NO.14627 OF 2008 (N) ---------------------------------------------------------------- Dated this the 8th day of August, 2008 J U D G M E N T Ext.P3 shows the constitution of the Manjeri Circle Co- operative Union and the members enlisted therein. Out of them, persons at Sl.Nos.1 and 2 are officials. The third is the Chairman, who is writ petitioner No.1. There is no controversy, going by the counter affidavit, that the persons at Sl.Nos.3, 4, 5, 8 and 9 are qualified to continue as members of that Union. Regarding the person at Sl.No.7, namely Sri.K.Alavikutty, the petitioners do not dispute the stand of the officials that he is disqualified. This leads to the case regarding the persons at Sl.Nos.6 and 10 as also the one at Sl.No.11. 2. As regards Sri.K. Mohammed, Sl.No.11, the plea of the respondents is that he had absented himself from three consecutive meetings. The learned counsel for the petitioners points out that the relevant rule also provided for the consideration of an application by such an absentee to show W.P.(C) No.14627/2008 - 2 - cause against his absence. Rule 143(1) of the Kerala Co-operative Societies Rules, 1969, hereinafter “Rules” for short, provides for reinstatement of a member who has ceased on account of that Rule. Therefore, the question would be as to whether any application by Sri.Mohammed could be considered for reinstatement. That is a matter for the Union to decide. The Union has to, therefore, have a meeting for that. 3. Regarding persons at Sl.Nos.6 and 10, the stand of the respondents is that the Head Office of the respective society represented by them has been shifted out of the territorial jurisdiction of the Manjeri Circle Co-operative Union. As regards them, the points urged by petitioners is that shifting of the Head office of the parent society will not invite disqualification and that is not a ground enumerated for disqualification, though cessation of membership in the parent society may be a ground. However, this is again a matter which have to go for appropriate consideration of the statutory respondents, in view of the provisions in the Rules. W.P.(C) No.14627/2008 - 3 - For the aforesaid reasons, this writ petition is ordered directing that in terms of Ext.P1, a meeting shall be convened by competent among the respondents to consider any request of Sri.K.Mohammed, pending in terms of Rule 143(1) of the Rules. The Joint Registrar will also decide the question whether Sri.L.Madhavan and Sri.P.Venugopal are disqualified from continuing as members on the ground that the Head Office of the society which they represented have been shifted, though within the area of operation of the same society. Let the needful be done in terms of these directions within a period of three weeks from now. THOTTATHIL B. RADHAKRISHNAN, JUDGE skr/11/8