Benny Thundathil and others v. Malanad Co-operative Agricultural and Rural Development Bank Ltd.

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MR.JUSTICE N.NAGARESH** **MONDAY, THE 20[TH] DAY OF NOVEMBER 2023 / 29TH KARTHIKA, 1945** ## **WP(C) NO. 37819 OF 2023** ## **PETITIONERS:** - **1 BENNY THUNDATHIL AGED 56 YEARS, S/O ULAHANNAN THUNDATHIL HOUSE, MAVARA CITY, KUTHUMKAL, RAJAKKAD. IDUKKI, KERALA, PIN – 685 566.** - **2 JUSTIN KURIAN AGED 46 YEARS, S/O KURIAN KULLAMAKKAL HOUSE, KUTHUNGAL P.O., VATTAKKANNIPARA, IDUKKI, KERALA, PIN – 685 566.** - **3 SAJO JOSEPH AGED 50 YEARS, S/O JOSEPH PANTHALAIKKAL, KHAJANAPARA P.O., IDUKKI, KERALA, PIN – 685 619.** ## **BY ADVS.** **KAVERI MOHAN MATHEW A KUZHALANADAN KURIAKOSE VARGHESE V.SHYAMOHAN SRADHAXNA MUDRIKA BINCY JOB** ## **RESPONDENTS:** - **1 THE MALANAD CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK LTD. REPRESENTED BY ITS SECRETARY NO. K. 352 H.O. NEDUMKANDAM, IDUKKI, KERALA, PIN – 685 553.** **2 SECRETARY THE MALANAD CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK LTD. NO. K. 352, H.O. NEDUMKANDAM, IDUKKI, KERALA, PIN – 685 553.** W.P.(C) No.37819/2023 : 2 : - **3 REGISTRAR THE MALANAD CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK LTD. NO. K. 352 H.O. NEDUMKANDAM, IDUKKI, KERALA, PIN – 685 553.** - **4 RETURNING OFFICER THE MALANAD CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK LTD. NO. K. 352 H.O. NEDUMKANDAM, IDUKKI, KERALA, PIN – 685 553.** - **5 CHIEF EXECUTIVE THE MALANAD CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK LTD. NO. K. 352 H.O. NEDUMKANDAM, IDUKKI, KERALA, PIN – 685 553.** - **6 THE MALANAD CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK LTD. REPRESENTED BY ITS BRANCH MANAGER NO. K. 352 NEDUMKANDAM, IDUKKI, KERALA, PIN – 685 553.** - **7 THE MALANAD CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK LTD. REPRESENTED BY ITS BRANCH MANAGER NO. K. 352 RAJAKUMARI, IDUKKI, KERALA, PIN – 685 619.** - **8 THE MALANAD CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK LTD. REPRESENTED BY ITS BRANCH MANAGER NO. K. 352 KOOTTAR, IDUKKI, KERALA, PIN – 685 552.** - **9 THE MALANAD CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK LTD REPRESENTED BY ITS BRANCH MANAGER NO. K. 352 PUTTADY, IDUKKI, KERALA, PIN – 685 551.** - **10 THE MALANAD CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK LTD. REPRESENTED BY ITS BRANCH MANAGER NO. K. 352 ERATTAYAR, IDUKKI, KERALA, PIN – 685 514.** **BY ADV JOICE GEORGE C.M.NAZAR, STANDING COUNSEL** **THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20.11.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** W.P.(C) No.37819/2023 : 3 : ## **N. NAGARESH, J.** ````````````````````````````````````````````````````````````` ## W.P.(C) No.37819 of 2023 ````````````````````````````````````````````````````````````` _Dated this the 20[th] day of November, 2023_ ## **J U D G M E N T** ~ ~ ~ ~ ~ ~ ~ ~ ~ The petitioners, who are members of Malanad Co-operative Agricultural and Rural Development Bank Limited, have filed this writ petition aggrieved by the non-consideration of application submitted by the 2[nd] petitioner and such other members and omission of the respondents in issuing identity cards to them. 2. The 2[nd] petitioner is a member of the Bank. The 3[rd] petitioner is a member and is also a candidate in the election to the Board of Members scheduled on 26.11.2023. The petitioners state that the Bank has five Branches in Idukki District with its Head Office at Nedumkandam. Ext.P2 election notification to the Managing Committee of the Bank W.P.(C) No.37819/2023 : 4 : was published on 18.10.2023. 3. The 2[nd] petitioner and certain others approached the Rajakumari Branch of the Bank and submitted application for issuance of identity cards. Required copies of photographs were also provided. However, the officials of the Bank did not accept the application. The petitioners were required to submit their application in the Head Office at Nedumkandam. The petitioners submit that they are entitled to get identity cards from the Branches under the territorial limits of which they reside. 4. The petitioners submitted that as per the judgment in _**Joseph v. Kothamangalam Co-operative Society Limited** [1994 (1) KLT 828],_ a member although qualified to vote by virtue of his status as a member, will not be able to cast his votes without producing his Bank identity cards. As per Rule 16B of the Rules, the respondents are duty bound to issue identity cards to the members on request. Members living in far away places almost 60 Kms from the Head Office face difficulties to travel such long distance. The inaction of W.P.(C) No.37819/2023 : 5 : the respondents in issuing identity cards is a violation of the statutory duty on the part of the 1[st] respondent-Society. The petitioners seek to declare that the Branch office of the Malanad Co-operative Agricultural and Rural Development Bank have the authority to issue identity cards to its members. 5. Standing Counsel entered appearance on behalf of the respondents and resisted the writ petition. The respondents submitted that petitioners 1 and 2 was originally issued membership from Nedumkandam Branch. The 3[rd] petitioner was issued membership from Rajakumari Branch. The identity cards are issued based on Form 6B Register. The Form 6B Register is maintained as per Rule 16A. In the general Body notice dated 18.10.2023 it was made clear that those who have not so far obtained identity cards and those who have lost their identity cards may approach the Head Office and Branch Offices along with two passport size photographs. For issuance of identity cards, comparison/verification with the Form 6B Register is W.P.(C) No.37819/2023 : 6 : necessary and therefore the members are bound to approach the Branch/Head Office where the Form 6B Register consisting of their names are maintained. The writ petition is therefore without any merit and is liable to be dismissed, contended the Standing counsel for the respondents. 6. I have heard the learned counsel for the petitioners, the learned Standing Counsel appearing for respondents 1 and 2 and the learned Standing Counsel appearing for the 4[th] respondent. 7. The grievance of the petitioners is that the 2[nd] petitioner approached the Rajakumari Branch of the Bank for issuance of identity cards and the 2[nd] petitioner was directed to approach Nedumkandam Branch with the application. Though the petitioners would agitate similar instances in respect of others members of the Society, I do not deem it necessary to consider the same as they are not parties to this writ petition. W.P.(C) No.37819/2023 : 7 : 8. The Secretary to the Malanad Co-operative Agricultural and Rural Development Bank Limited has issued a notice of General Body Meeting dated 18.10.2023 wherein it has been specifically notified that those members who have lost their identity cards and those who have not received identity cards from the Bank till date may, along with two passport size photographs, approach the Head Office and Branch Offices in person, sign the register and receive identity cards. 9. Rule 16A of the Co-operative Societies Rules, 1969 regulating issuance of identity cards reads as follows:- **16A. Identity Card** - (1) A person admitted as a member of Society shall be issued with an identity card, in Form 6A, which shall be conclusive evidence to prove his membership in the Society. The member shall furnish two copies of his recent photograph of passport size to the Society. Copies of the photograph shall be attested by the Chief Executive of the Society or an officer specially empowered in this behalf by the Committee of the Society and one copy of the duly attested photograph shall be affixed in the identity card and the other copy shall be affixed in the Register in Form 6B maintained for the purpose. The identity card shall also bear the seal of the Society. (2) An existing member shall, within one month from the date of commencement of these rules, furnish to the society concerned two copies of W.P.(C) No.37819/2023 : 8 : his recent photograph of passport size and the Society shall issue identity card to him within a period of fifteen days from the date of receipt of the photograph. Provided that the Registrar may, in deserving cases, for reasons to be recorded in writing, extend the above period of one month and fifteen days for a further period upto one month or fifteen days, as the case may be. (3) The identity card shall be issued direct to the member concerned after obtaining his acknowledgment in the Register in Form 6B and shall not be supplied to any other person on his behalf. Sub-rule (3) clearly indicates that identity cards shall be issued only after obtaining acknowledgment in the Register in Form 6B. Therefore, statutorily the Bank is bound to verify the photographs of the members with the particulars and photographs contained in Form 6B Register. This can be done only in the Branch / Head Quarters where the Form 6B Register is maintained. 10. In the circumstances, I do not find any illegality or arbitrariness in the 1[st] respondent-Bank directing its members to obtain duplicate identity cards from the Branch/Head Office of the Bank, where the Form 6B Register containing the particulars of the members are maintained. W.P.(C) No.37819/2023 : 9 : The petitioners have no legal right to insist that identity cards should be issued from the Branches, the territorial limits under which the petitioners reside. The writ petition is without merits and it is accordingly dismissed. Sd/- **N. NAGARESH, JUDGE** aks/21.11.2023 W.P.(C) No.37819/2023 : 10 : ## **APPENDIX OF WP(C) 37819/2023** ## **PETITIONERS' EXHIBITS** **Exhibit P-1 TRUE COPY OF THE IDENTITY CARD ISSUED BY MALANAD CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK LTD. TO THE PETITIONER NO. 1.** **Exhibit P-2 TRUE COPY OF THE NOTIFICATION BEARING NO. O1/1949/20203/E(1) SCEC DATED 09.10.2023 PUBLISHED ON 18.10.2023 IN DEEPIKA NEWSPAPER.** **Exhibit P-3 TRUE COPY OF THE APPLICATION DATED 10.11.2023 SUBMITTED BY PETITIONER NO. 2.**