George Mathew and Others v Joint Registrar of Co-operative Societies (General); Udayagiri Service Co-operative Bank Ltd; The Administrative Committee of Udayagiri Service Co-operative Bank Ltd

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE K.SURENDRA MOHAN WEDNESDAY, THE 31ST DAY OF JULY 2013/9TH SRAVANA, 1935 WP(C).No. 18989 of 2013 (W) ---------------------------PETITIONERS: --------------1. GEORGE MATHEW MEMBER NO. 5082 UDAYAGIRI SERVICE CO-OPERATIVE BANK LTD.NO. I, 141 PRAKASH P.O., KATTAPANA, IDUKKI RESIDING AT THORTTIYIL, PERUMTHOTTY P.O., IDUKKI. 2. SOMAN CHINNATHAMPI MEMBER NO. 3221 UDAYAGIRI SERVICE CO-OPERATIVE BANK LTD.NO. I, 141 PRAKASH P.O., KATTAPANA, IDUKKI RESIDING AT CHETTIMATTAM HOUSE, MARYGIRI P.O., IDUKKI. 3. A.P.CHANDRAN MEMBER NO. 4642 UDAYAGIRI SERVICE CO-OPERATIVE BANK LTD.NO. I, 141 PRAKASH P.O., KATTAPANA, IDUKKI RESIDING AT AMAROTH HOUSE, MARYGIRI P.O., IDUKKI. 4. THOMAS OUSEPH MEMBER NO. 5274 UDAYAGIRI SERVICE CO-OPERATIVE BANK LTD.NO. I, 141 PRAKASH P.O., KATTAPANA, IDUKKI RESIDING AT MALIYEKKAL HOUSE, MARYGIRI P.O., IDUKKI. 5. VIJAYAN SREEDHARAN MEMBER NO. 5256 UDAYAGIRI SERVICE CO-OPERATIVE BANK LTD.NO. I, 141 PRAKASH P.O., KATTAPANA, IDUKKI RESIDING AT KALOOPURAYIDATHIL HOUSE, MARYGIRI P.O. IDUKKI. BY ADV. SRI.P.C.SASIDHARAN RESPONDENTS: ---------------- 1. JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL) OFFICE OF THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES IDUKKI-685603. 2. UDAYAGIRI SERVICE CO-OPERATIVE BANK LTD.NO. I 141, PRAKASH P.O., KATTAPANA IDUKKI, REPRESENTED BY ITS SECRETARY-685508. 3. THE ADMINISTRATIVE COMMITTEE OF THE UDAYAGIRI SERVICE CO-OPERATIVE BANK LTD.NO. I 141, PRAKASH P.O., KATTAPANA IDUKKI, REPRESENTED BY ITS CONVENOR-685508. R BY GOVERNMENT PLEADER SMT.C.K.SHERIN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 31-07-2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 18989 of 2013 (W) ---------------------------- ## APPENDIX PETITIONER(S)' EXHIBITS --------------------------- EXHIBIT P1: TRUE COPY OF THE IDENTITY CARDS ISSUED TO THE 1ST PETITIONER. EXHIBIT P1(A): TRUE COPY OF THE IDENTITY CARDS ISSUED TO THE 2ND PETITIONER. EXHIBIT P1(B): TRUE COPY OF THE IDENTITY CARDS ISSUED TO THE 3RD PETITIONER. EXHIBIT P1(C): TRUE COPY OF THE IDENTITY CARDS ISSUED TO THE 4TH PETITIONER. EXHIBIT P1(D): TRUE COPY OF THE IDENTITY CARDS ISSUED TO THE 5TH PETITIONER. EXHIBIT P2:TRUE COPY OF THE NOTICE ISSUED BY THE 2ND RESPONDENT TO THE 1ST PETITIONER. EXHIBIT P2(A):TRUE COPY OF THE NOTICE ISSUED BY THE 2ND RESPONDENT TO THE 2ND PETITIONER. EXHIBIT P2(B):TRUE COPY OF THE NOTICE ISSUED BY THE 2ND RESPONDENT TO THE 3RD PETITIONER. EXHIBIT P2(C):TRUE COPY OF THE NOTICE ISSUED BY THE 2ND RESPONDENT TO THE 4TH PETITIONER. EXHIBIT P2(D):TRUE COPY OF THE NOTICE ISSUED BY THE 2ND RESPONDENT TO THE 5TH PETITIONER. EXHIBIT P3: TRUE COPY OF THE REPRESENTATION PREFERRED BY THE 1ST PETITIONER. EXHIBIT P3(A):TRUE COPY OF THE REPRESENTATION PREFERRED BY THE 2ND PETITIONER. EXHIBIT P3(B):TRUE COPY OF THE REPRESENTATION PREFERRED BY THE 3RD PETITIONER. EXHIBIT P3(C):TRUE COPY OF THE REPRESENTATION PREFERRED BY THE 4TH PETITIONER. EXHIBIT P3(D):TRUE COPY OF THE REPRESENTATION PREFERRED BY THE 5TH PETITIONER. RESPONDENT(S)' EXHIBITS NIL ------------------------- JJ /TRUE COPY/ P.S.TO JUDGE ## K. SURENDRA MOHAN,J ------------------------------W.P(C) NO: 18989 OF 2013 ---------------------------------Dated this the 31[st] July, 2013. ## JUDGMENT The petitioners are, according to them, persons who are duly enrolled as members of the second respondent society. They are aggrieved by proceedings initiated by the third respondent, Administrative Committee in office, proposing to remove them from the membership of the society. The allegation against them is that they are ineligible to continue as members of the society. The petitioners challenge the said proceedings initiated as per Ext.P2 series notices. 2. The petitioners have responded to Ext.P2 series notices by submitting Ext.P3 series replies. According to counsel for the petitioners, the Administrative Committee does not have power to issue the notices that are challenged in this writ petition. It is also contended that the Administrative Committee does not have power to alter the membership WPC 18989/2013 2 structure of the society by removing existing members from the membership of the society. The petitioners are persons who are duly enrolled as members of the society by the Managing Committee then in office. They have been issued with proper identity cards. Copies of such cards are Ext.P1 series. It is further contended by the counsel that Ext.P2 series refers to a complaint made by one of the members of the society. However, despite seeking a copy thereof, no copy has been furnished to them. It is also stated in Ext.P2 that a preliminary examination revealed that the complaint was well founded. No copy of the proceedings of the said enquiry also have been furnished to them. For the above reason it is contended that the third respondent may not be permitted to continue the proceedings against the members. 3. According to the Govt. Pleader who represents the first respondent in view of the decision in Gopinathan Nair v. Joint Registrar {2002(2)KLT 817} , it cannot be said that the Administrative Committee does not have the power to remove WPC 18989/2013 3 members. Action has been initiated as per Ext.P2 series notices on the basis of a complaint received from one of the members. The impugned proceedings have been initiated under the provisions of the Kerala Co-operative Societies Act, 1969. The petitioners have responded to Ext.P2 series notices by submitting Ext.P3 series explanation. No further action has been taken in the matter, thereafter. Since no action has been finalised against the petitioners, according to the learned Government Pleader this writ petition is not maintainable. 4. Heard. A perusal of Ext.P2 series notices show that the said notices refer to the allegations raised against the petitioners. Two allegations are raised. The first one is that the person to whom the said notice has been issued is residing outside the area of operation of the society and the second is that such person is a member of another society of similar character. Ext.P2 series notices further state that as per the records of the bank it does not appear that the said person is a resident within the area of operation of the society WPC 18989/2013 4 or that he owns property within the area. Therefore, with respect to the matters stated in Ext.P2 explanation has been sought for. The petitioners have responded to the said notice with Ext.P3 replies. It is for the Administrative Committee to consider the replies and to take further action in the matter. It is only upon finalisation of the action initiated by Ext.P2 series can it be said that the petitioners are prejudiced in any manner. As rightly pointed out by the learned Govt. Pleader this Court has already held that the Administrative Committee has the power to remove ineligible members. No finding as to whether the petitioners are ineligible has been arrived at, as on date. 5. The further contention of the counsel for the petitioners is that the petitioners have not been supplied with a copy of the complaint that forms the basis of Ext.P2 series notices. Since the allegations against the petitioners have been mentioned in Ext.P2, I do not consider it necessary that furnishing of a copy of such complaint should be insisted WPC 18989/2013 5 upon as a condition for furnishing replies. The petitioners would have to seek further remedies only if their explanations in Ext.P3 series are not accepted by the Administrative Committee and further action is taken on Ext.P2. For the above reasons I do not find any grounds to interfere with the impugned proceedings or to grant any of the reliefs sought for in the writ petition. The same is therefore dismissed. Sd/K. SURENDRA MOHAN Judge jj /True copy/ P.S.to Judge WPC 18989/2013 6