## **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`**
## **`PRESENT`**
## **`THE HONOURABLE MR. JUSTICE GOPINATH P. WEDNESDAY, THE 26[TH] DAY OF JULY 2023 / 4TH SRAVANA, 1945 WP(C) NO. 29152 OF 2022`**
## **`PETITIONER:`**
```
JAYENDRAN S,
AGED 64 YEARS,
S/O.SHIVAN PILLAI, MEMBER NO. 244 & FORMER PRESIDENT
THIRUVANANTHAPURAM DISTRICT TAXI DRIVERS CO-OPERATIVE
SOCIETY T. NO. 723 FORT, THIRUVANANTHAPURAM – 695023.
RESIDING AT: SHIVAPRADOSHAM, METHODU LANE, THAMALAM,
POOJAPURA P.O., THIRUVANANTHAPURAM – 695 012.
BY ADVS.
N.ANAND
RAJESH O.N.
```
## **`RESPONDENTS:`**
```
1STATE OF KERALA,
DEPARTMENT OF CO-OPERATION, SECRETARIAT,
THIRUVANANTHAPURAM – 695001, REPRESENTED BY ITS
SECRETARY.
```
```
2THE REGISTRAR OF CO-OPERATIVE SOCIETIES,
OFFICE OF THE REGISTRAR OF CO-OPERATIVE SOCIETIES
JAWAHAR SAHAKARANA BHAVAN, DPI JUNCTION, THYCAUD P.O
THIRUVANANTHAPURAM – 695 014.
```
```
3THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL)
VANCHIYOOR, THIRUVANANTHAPURAM – 695 035.
```
- `4 THIRUVANANTHAPURAM DISTRICT TAXI DRIVERS CO-OPERATIVE SOCIETY T. NO. 723, FORT, THIRUVANANTHAPURAM – 695023 REPRESENTED BY ITS SECRETARY.`
```
5THE ADMINISTRATIVE COMMITTEE,
THIRUVANANTHAPURAM DISTRICT TAXI DRIVERS CO-OPERATIVE
SOCIETY T. NO. 723 FORT, THIRUVANANTHAPURAM - 695023
REPRESENTED BY ITS CONVENOR.
```
WP(C) NO. 29152 OF 2022
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- `6 S. SAJEEVAN, GOKULAM, T 78/1406/, PARUTHIKUZHI MANACAUD P.O., THIRUVANANTHAPURAM-695 009.`
- `7 K.S.BABURAJAN, SHIVASHAILAM, T C NO. 28/1756 FRA 148A, FORT P.O., THIRUVANANTHAPURAM-695 023.`
- `8 SATHEESHAN, T.C. 43/1064-3 ASHWATHI BHAVANAM, VNRA - 27, MANACAUD P.O- THIRUVANANTHAPURAM-695 009.`
```
BY ADVS.
```
```
SMT.RESHMI THOMAS, GOVERNMENT PLEADER
SRI.P.C.SASIDHARAN
```
```
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 26.07.2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
```
WP(C) NO. 29152 OF 2022
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## JUDGMENT
The petitioner is the former President of the Managing Committee of the 4[th] respondent Society. He has approached this Court being aggrieved by the fact that an Administrative Committee consisting of persons whose actions lead to the loss of quorum of the Managing Committee have been appointed as the Administrative Committee for management of the 4[th] respondent Society. It is the case of Sri.N.Anand the learned counsel appearing for the petitioner that the decision of the 3[rd] respondent to appoint persons whose actions lead to the loss of quorum for the Managing Committee as the Administrative Committee of the Society is clearly illegal and contrary to the law laid down by this Court in State Co-operative Election Commission v. N.P.Paulose [judgment dated 06.07.2017 in W.A.No.1410 of 2017]. It is submitted that if the action of the 3[rd] respondent were to be upheld, it would result in a situation where persons who changed political affiliations or for some other reason resigned from being members of the Managing Committee, the Registrar / Joint Registrar can put such persons in management of the affairs of the Society by appointing them as an Administrative
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Committee. It is submitted that in the facts of the present case, one of the persons who resigned from the Managing Committee had so resigned only on account of the fact that he was not elected as President of the Managing Committee. It is submitted that the said person had also convinced yet another member of the Managing Committee to resign leading to loss of quorum. It is submitted that in such circumstances, the action of the 3[rd] respondent in appointing the very same persons as the Administrative Committee is clearly illegal and an Administrative Committee consisting of the petitioner and others who continued to be members of the Managing Committee should be appointed taking cue from the law laid down by the judgment of this Court in W.A.No.1410 of 2017.
2. Adv.P.C.Sasidharan, the learned counsel appearing for respondents 4, 5, 6 and 8 would contend that with reference to the counter affidavit filed in this case that even going by the law laid down by this Court in the judgment in W.A.No.1410 of 2017, the petitioner is not entitled to the reliefs sought for in the writ petition. It is submitted that the petitioner and members of his close family have availed various credit facilities from the Society and most of them are in default. It is submitted that there is a specific averment in the counter
WP(C) NO. 29152 OF 2022
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affidavit that no action had been taken by the Society to recover amounts due under those loans despite the fact that they were in default. It is submitted that such a person cannot be again put back as a member of the Administrative Committee to manage the affairs of the Society till a fresh election is held. It is submitted that the Society is a Society of Taxi drivers and existing members were therefore appointed as the Administrative Committee as it may not have been possible for a departmental official to manage the affairs of the Society. Pertinently it is also pointed out that the Administrative Committee was appointed on 31.08.2022 for a period of six months. It is submitted that the term of the Administrative Committee was extended for a further period of six months by the Joint Registrar and the extended term of the Administrative Committee is to expire on 31.08.2023. It is submitted that unless the Government were to extend the term of the Administrative Committee further, the fresh elections would have to be held to the Managing Committee and accordingly, the Administrative Committee took a resolution to hold the elections to the Managing Committee on 20.08.2023. It is submitted that an election notification has also been issued by the State Co-operative Election Commission on 05.07.2023 proposing to
WP(C) NO. 29152 OF 2022
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hold the elections on 20.08.2023.
3. The learned counsel appearing for the petitioner in reply would submit that the action of the Administrative Committee in taking a resolution to hold the elections on 20.08.2022 is clearly an act in defiance of the orders of this Court dated 06.09.2022 where this Court had, while admitting the writ petition, directed that the Administrative Committee shall not take any policy decision or enroll any new members for a period of one month. It is submitted that the said order was extended from time to time and continues to be in force as on today. It is submitted that an election on the basis of a resolution taken in defiance of the orders issued by this Court cannot be permitted to be held. It is submitted that since the Government has the power to extend the term of the Administrative Committee, it would not lie in the mouth of the contesting respondents to state that since the term of the Administrative Committee is to expire on 31.08.2023, no purpose would be served by appointing the petitioner and others as members of a new Administrative Committee by allowing the prayers in the writ petition.
4. Having heard the learned counsel appearing for the petitioner, learned counsel appearing for the official respondents and
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the learned counsel appearing for respondents 4, 5, 6 and 8, I am of the opinion that atleast, on account of efflux of time, it is not necessary for this Court to grant the reliefs sought for in the writ petition. The law laid down by this Court in the judgment in W.A. No.1410 of 2017 is that when it becomes necessary to appoint an Administrator or an Administrative Committee owing to a reason not attributable to the members of the Managing Committee, which was being superseded, it would be only appropriate that members of the Managing Committee in office are appointed to be members of the Administrative Committee. However, there is an important rider in the said judgment, which indicates that where there are reasons which may compel the authorities to appoint others as members of the Administrative Committee, such a discretion cannot be denied to the authorities. This is clear from the fact that the Division Bench in the judgment in W.A. No.1410 of 2017 has only said that it would ordinarily be desirable that members of the Society be considered if not otherwise disqualified. Further, a reading of the Division Bench judgment in W.A.No.1410 of 2017 suggests that the observations were in relation to appointing persons other than members of the Society from being members of the Administrative Committee. In the facts of
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this case certain members of the society themselves has been appointed as members of the Administrative Committee. That apart, as already noticed, the term of the present administrative committee is to expire on 31.08.2023 and the elections to the Managing Committee have been notified to be held on 20.08.2023. Therefore, the term of the present Administrative Committee will not extend beyond 20.08.2023, in normal circumstances. In that view of the matter, as the elections are to be held about 25 days from today, I do not deem it necessary to issue grant the reliefs sought for in the writ petition as a new committee will be in office no later than 21.08.2023.
Coming to the argument of the learned Counsel appearing for the petitioner that the decision of the Administrative Committee to hold elections on 20.08.2023 is in defiance of the order dated 06.09.2022 [which has been extended from time to time] I am of the view that a decision taken by an Administrative Committee, whose term is to expire, to hold elections before the expiry of its term, cannot be treated as a ‘policy decision’. There is a statutory mandate on the Managing Committee or an Administrative Committee / Administrator in office that a resolution has to be taken for the purpose of holding elections atleast 60 days prior to the expiry of the
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term of the Committee. Here, as already noticed, the term of the Administrative Committee is to expire on 31.08.2023. The fact that there is a provision empowering the Government to further extend the term of the Administrative Committee is no reason to hold that the present Administrative Committee was not required in terms of the statute to take a resolution to hold elections atleast 60 days prior to the date on which the term of the Administrative Committee would expire. As the Administrative Committee has only complied with a statutory mandate, it cannot be said that the resolution to hold the election on 20.08.2023 was a case of violation of the order of this Court prohibiting the Administrative Committee from taking any policy decision.
In view of the above, the writ petition fails and it is accordingly dismissed.
Sd/GOPINATH P. JUDGE
DK
WP(C) NO. 29152 OF 2022
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## **`APPENDIX OF WP(C) 29152/2022`**
```
PETITIONER EXHIBITS
Exhibit-P1TRUE COPY OF THE RELEVANT PORTION THE
BYE-LAWS OF RESPONDENT NO. 4
Exhibit-P2TRUE COPY OF THE JUDGMENT DATED
06.07.2017 PASSED BY THIS HON'BLE COURT
IN WA NO. 1410 OF 2017
Exhibit-P3TRUE COPY OF THE ORDER DATED 29.08.2022
ISSUED BY RESPONDENT NO. 3
Exhibit-P4TRUE COPY OF THE ORDER DATED 31.08.2022
ISSUED BY RESPONDENT NO. 3
Exhibit-P5TRUE COPY OF THE PETITIONER'S DRIVING
LICENCE
Exhibit-P6TRUE COPIES OF SOME RECEIPTS DATED
27.09.2022 ISSUED BY RESPONDENT NO. 4
Exhibit-P7TRUE COPY OF SOME RECEIPTS DATED
29.09.2022 ISSUED BY RESPONDENT NO. 4
Exhibit P5A TRUE COPY OF THE NOTIFICATION DATED
05.07.2023 ISSUED BY THE KERALA STATE
CO-OPERATIVE ELECTION COMMISSION IN NO.
OI/979/2023/E(2) SCEC
```
```
RESPONDENT EXHIBITS
Exhibit R4(a)THE TRUE COPY OF THE DETAILS OF AMOUNTS
DUE IN VARIOUS ACCOUNTS IN WHICH THE
PETITIONER HAS AVAILED THE CREDIT
FACILITIES
Exhibit R4(b)THE TRUE COPY OF THE DETAILS OF AMOUNTS
DUE IN VARIOUS ACCOUNTS IN WHICH THE
PETITIONER'S DAUGHTER HAS AVAILED THE
CREDIT FACILITIES
```
- `Exhibit R4(c) A TRUE COPY OF THE TRANSACTION DETAILS OF PROPERTY LOAN AVAILED BY SMT. RESHMI`
- `Exhibit R4(d) THE TRUE COPY OF THE DETAILS OF AMOUNTS DUE IN VARIOUS ACCOUNTS IN WHICH THE PETITIONER'S SON-IN-LAW HAS AVAILED THE CREDIT FACILITIES`
- `Exhibit R4(e) A TRUE COPY OF THE TRANSACTION DETAILS OF PROPERTY LOAN AVAILED BY SRI. SUDHIRAJ`
