Jalaja Gopan v. Joint Registrar of Co-operative Societies (General), Kollam; Assistant Registrar of Co-operative Societies (General), Kollam; Thrikovilvattom Panchayat Service Co-operative Bank Ltd.

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT:** ## **THE HONOURABLE MR. JUSTICE SHAJI P.CHALY** **TUESDAY, THE 28TH DAY OF NOVEMBER 2017/7TH AGRAHAYANA, 1939** ## **WP(C).No. 37650 of 2017 (E)** **----------------------------** **PETITIONER : ----------------------** **JALAJA GOPAN, SWETHA BHAVAN, PUNUKANNUR, ALUMMOODU.P.O., KOLLAM-691 577, PRESIDENT, PUNUKANNUR SERVICE CO-OPERATIVE BANK LTD.NO.2722, PUNUKANNUR, PERUMPUZHA P.O., KOLLAM.** ## **BY ADVS.SRI.P.C.SASIDHARAN SRI.P.E.SAJAL** **RESPONDENT(S): ---------------------------** **1. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL), KOLLAM-691 001.** **2. THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL), KOLLAM-691 001.** **3. THE THRIKKOVILVATTOM PANCHAYAT SERVICE CO-OPERATIVE BANK LTD.NO.Q.78, MUKHATHALA P.O., KOLLAM, REPRESENTED BY ITS SECRETARY- 691 577.** **R1 & R2 BY SPL. GOVERNMENT PLEADER SRI.K.S.MOHAMMED HASHIM** **THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28-11-2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** **sts** ## **WP(C).No. 37650 of 2017 (E)** ## **-----------------------------------------** ## **APPENDIX** ## **PETITIONER(S)' EXHIBITS** **----------------------------------------** ## **EXHIBIT P1 TRUE COPY OF THE RECEIPT DATED 25.10.2017 IN RESPECT OF THE DUES O THE PETITIONER.** - **EXHIBIT P2 TRUE PHOTOCOPY OF THE ACCOUNT DETAILS.** - **EXHIBIT P3 TRUE COPY OF THE RECEIPT DATED 25.10.2017 IN RESPECT OF THE DUES OF SMT.JAYALAKSHMI.** - **EXHIBIT P4 TRUE COPY OF THE ACCOUNT DETAILS.** - **EXHIBIT P5 TRUE COPY OF THE CERTIFICATE DATED 10.11.2017.** - **EXHIBIT P6 TRUE COPY OF THE NOTICE DATED 3.11.2017.** - **EXHIBIT P7 TRUE COPY OF THE EXPLANATION SUBMITTED BY THE PETITIONER.** - **EXHIBIT P8 TRUE COPY OF THE WRITTEN REQUEST MADE BY THE PETITIONER BEFORE THE JOINT REGISTRAR.** ## **RESPONDENT(S)' EXHIBITS: NIL** **-----------------------------------------** **/TRUE COPY/** **P.A.TO JUDGE** **sts** ## **SHAJI P. CHALY, J.** ## ----------------------------------------------- **W.P.(C) No.37650 of 2017 ----------------------------------------------Dated this the 28[th] day of November, 2017** ## **J U D G M E N T** Petitioner is a member of the Managing Committee and elected President of Punukannur Service Co-operative bank, a society registered under the provisions of the Co-operative Societies Act and Rules, 1969. Petitioner was elected as member of the Managing Committee of the bank on 2.7.2017 and now holding the post of President. Petitioner availed a personal loan from the 3[rd] respondent society in the year, 2013 and the term of repayment was 5 years. Since there was default, the 3[rd] respondent society initiated proceedings under the Co-operative Societies Act as ARC No.42/2013 and an award was passed on 20.6.2017. Petitioner was also a surety with reference to a loan availed by her sister Jayalakshmi, in which also an arbitration case, ARC No.41/2013 was filed and award was passed on 20.6.2017. According to the petitioner, though award was W.P.(C) No.37650 of 2017 2 passed, no demand notice was issued to the petitioner nor was any execution petition filed by the 3[rd] respondent. Though the term of the loan was 5 years, on coming to know about the award, petitioner cleared the loan account by paying the amount due. Third respondent also issued a certificate on 10.11.2017 certifying that, petitioner has cleared all the dues towards the society and now she has no transaction with the society. 2. Be that as it may, after the closure of the loan amounts, the Joint Registrar on 3.11.2017 issued a notice to the petitioner informing her as to why she shall not be disqualified from holding the office as the member of the Managing Committee apparently under rule 44(c)(i) of the Kerala Co-operative Societies Rules, 1969. It is the contention of the petitioner that, there is no circumstance to issue a notice of this nature and an elected member, who is continuing as a member can be disqualified only under rule 44(2) of the Rules and that rules mandate that, W.P.(C) No.37650 of 2017 3 disqualification under sub-rule (1) shall be deemed to be accrued only after the expiry of a period of one month from the date of receipt by the member concerned of a notice from the society demanding him to clear off the defaulted amount specified therein and he fails to remit or cause to remit the amount within the said period. It is submitted, no demand notice was issued by the society against the default made by the petitioner and that, before issuing the show cause notice itself, the petitioner has cleared the entire debt. Immediately on receipt of Ext.P6, petitioner has submitted Ext.P7 explanation. Petitioner has also submitted Ext.P8 before the 1[st] respondent to serve with the documents relied upon in order to consider the issue. Any how the subject matter is pending consideration. It is in this background, this writ petition is filed. 3. I have heard learned counsel for the petitioner, learned Special Government Pleader and perused the W.P.(C) No.37650 of 2017 4 pleadings and the documents on record. 4. The subject issue revolves round Ext.P6 notice issued by the 1[st] respondent under rule 44(c)(i) of Rules, 1969. From the tenor and terms of the notice, it is evident that, same is only a show cause notice, to which petitioner is entitled as of right to file objections/explanation and participate in the proceedings so as to enable the statutory authority to arrive at a conclusive finding. Any how in response to Ext.P6, petitioner has submitted Ext.P7 explanation and also submitted Ext.P8 seeking issuance of all the documents that are relied on by the 1[st] respondent. Which thus means, petitioner has already participated in the proceedings pertaining to Ext.P6 show cause notice. Therefore, at any stretch of imagination, it can be said that, there is any culmination of proceedings enabling this court to interfere at this stage of the proceedings since from the fact, I do not find any illegality, arbitrariness or other legal infirmities enabling this court to exercise the power of W.P.(C) No.37650 of 2017 5 judicial review under Article 226 of the Constitution of India. 5. Learned counsel for petitioner has invited my attention to the judgments of this court in **Thommen Itticheriyanthu v. State of Kerala** [1978 KLT 887], **Madanmohanan Kartha v. Elamkulam Service Cooperative Bank** [1983 KLT 640] and **Abdul Rasheed v. State of Kerala** [1988(1) KLT 190]. According to the petitioner, the judgment rendered in **Abdul Rasheed** supra wherein the very same issue was considered by this court. 6. Any how these are all matters to be agitated before the 1[st] respondent by the petitioner. Therefore, this writ petition is disposed of directing the 1[st] respondent to take a decision on the proceedings constituted as per Ext.P6 taking into account the objection filed, Ext.P8 requisition made and also the proposition of law laid down by this court in the aforequoted judgments and attain finality within one month from the date of receipt of a copy of this judgment. I make it clear that, if there are no other legal W.P.(C) No.37650 of 2017 6 circumstances standing in the way, the copies of documents relied upon by the 1[st] respondent shall be provided to the petitioner. The interim order passed by this court on 27.11.2017 in respect of Ext.P6 show cause notice will continue to be in force till such time the directives are complied with. In case any adverse orders is passed by the 1[st] respondent against the petitioner, same shall be kept in abeyance from the date of communication of the same to the petitioner, enabling the petitioner to work out the remedies. Sd/- **SHAJI P. CHALY JUDGE** smv 28.11.2017