K.K. Thomas Kalappurakkal & Others vs Kerala State Legal Metrology Licensees and Technicians Co‑operative Society Ltd & Others (W.P.(C) Nos. 16636/2019(D), 18775/2019(V), 24673/2019(H))

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MR. JUSTICE SATHISH NINAN** **WEDNESDAY, THE 2ND DAY OF DECEMBER 2020 / 11TH AGRAHAYANA, 1942** ## **WP(C).No.16636 OF 2019(D)** ## **PETITIONER:** **K.K.THOMAS KALAPPURAKKAL HOUSE, PUTHUPERIYARAM, THODUPUZHA. BY ADV. SRI.P.P.JACOB** ## **RESPONDENTS:** **1 THE KERALA STATE LEGAL METROLOGY LICENSEES AND TECHNICIANS CO-OPERATIVE SOCIETY LTD. NO. 4473 REPRESENTED BY ITS CONVENER, ADMINISTRATIVE COMMITTEE, THODUPUZHA P.O., PIN-685 584. 2 THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (G) IDUKKI, OFFICE OF THE JOINT REGISTRAR OF COOPERATIVE SOCIEITES (G), PAINAVU, IDUKKI-685 603. 3 THE REGISTRAR OF CO-OPERATIVE SOCIETIES THIRUVANANTHAPURAM-695 001. 4 THE STATE OF KERALA REPRESENTED BY SECRETARY TO GOVERNMENT, CO-OPERATION (C) DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695 001.** *** ADDL. R5** **ADDL. R5 OMANA V.G., AGED 45 YEARS, W/O. SANTHOSH P.K., PARAKKAL HOUSE, THODUPUZHA EAST P.O., KANJIRAMATTOM, IDUKKI DISTRICT.** ***ADDITIONAL RESPONDENT NO.5 IS IMPLEADED AS PER ORDER DATED 28.06.2019 IN IA 1/2019.** **R1 BY ADV. SRI.P.C.SASIDHARAN R5 BY ADV. SRI.M.SASINDRAN BY SR. GOVT. PLEADER SMT.SHEEJA C.S.** **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 01.12.2020, ALONG WITH WP(C).18775/2019(V), WP(C).24673/2019(H), THE COURT ON 02.12.2020 DELIVERED THE FOLLOWING:** ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MR. JUSTICE SATHISH NINAN** **WEDNESDAY, THE 2ND DAY OF DECEMBER 2020 / 11TH AGRAHAYANA, 1942** ## **WP(C).No.18775 OF 2019(V)** ## **PETITIONER:** ## **K.K.THOMAS** **KALAPPURAKKAL HOUSE, PUTHUPERIYARAM, THODUPUZHA.** **BY ADVS. SRI.P.P.JACOB SMT.MARIYAM JACOB** ## **RESPONDENTS:** - **1 THE KERALA STATE LEGAL METROLOGY LICENSEES AND TECHNICIANS CO-OPERATIVE SOCIETY LTD. NO. 4473, REPRESENTED BY ITS CONVENER, ADMINISTRATIVE COMMITTEE, THODUPUZHA P.O, PIN-685 584.** - **2 THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (G) IDUKKI, OFFICE OF THE JOINT REGISTRAR OF COOPERATIVE SOCIETIES (G), PAINAVU, IDUKKI-685 603.** - **3 THE REGISTRAR OF CO-OPERATIVE SOCIETIES, THIRUVANANTHAPURAM-695 001.** - **4 THE STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, COOPERATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695 001.** - **5 K.K. SHINTO, ADMINISTRATIVE COMMITTEE MEMBER, KERALA STATE LEGAL METROLOGY LICENSEES AND TECHNICIANS CO-OPERATIVE SOCIETY LTD. NO.4473, THODUPUZHA P.O, PIN-685 584.** - **6 V.G. HARIDAS, ADMINISTRATIVE COMMITTEE MEMBER, KERALA STATE LEGAL METROLOGY LICENSEES AND TECHNICIANS CO-OPERATIVE SOCIETY LTD NO.4473, THODUPUZHA P.O., PIN-685 584.** **WP(C).No.18775 OF 2019(V) -2-** **7 ANOOP ALIYAR, ADMINISTRATIVE COMMITTEE MEMBER, KERALA STATE LEGAL METROLOGY LICENSEES AND TECHNICIANS CO-OPERATIVE SOCIETY LTD. NO.4473, THODUPUZHA P.O, PIN-685 584.** **R2-R4 BY SR. GOVERNMENT PLEADER SMT.SHEEJA C.S. R8 BY ADV. M.SASINDRAN** **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 01.12.2020, ALONG WITH WP(C).16636/2019(D), WP(C).24673/2019(H), THE COURT ON 02.12.2020 DELIVERED THE FOLLOWING:** ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MR. JUSTICE SATHISH NINAN** **WEDNESDAY, THE 2ND DAY OF DECEMBER 2020 / 11TH AGRAHAYANA, 1942** ## **WP(C).No.24673 OF 2019(H)** ## **PETITIONER:** **1 RENSE GEORGE, S/O. VARKEY, AGED 43 YEARS, MEMBER, THE KERALA STATE LEGAL METROLOGY LICENSEES AND TECHNICIANS COOPERATIVE SOCIETY LTD. NO.4473,OPPOSITE CIVIL STATION, MARIYIL TOWERS, THODUPUZHA-685585, IDUKKI DISTRICT, RESIDING AT POOVAN HOUSE, KADAVOOR P.O., KOTHAMANGALAM, ERNAKULAM DISTRICT. 2 P.P. SHAJU, S/O. PARAMESWARAN, AGED 47 YEARS, MEMBER, THE KERALA STATE LEGAL METROLOGY LICENSEES AND TECHNICIANS CO-OPERATIVE SOCIETY LTD. NO.4473, OPPOSITE CIVIL STATION, MARIYIL TOWERS, THODUPUZHA-685585, IDUKKI DISTRICT, RESIDING AT PARACHALIL HOUSE, VANNAPURAM P.O., THODUPUZHA-685585, IDUKKI DISTRICT.** **3 UNNIKRISHNAN K.M., S/O. MADHAVAN, AGED 47 YEARS, MEMBER, THE KERALA STATE LEGAL METROLOGY LICENSEES AND TECHNICIANS COOPERATIVE SOCIETY LTD. NO.4473,OPPOSITE CIVIL STATION, MARIYIL TOWERS, THODUPUZHA-685585, IDUKKI DISTRICT, RESIDING AT MYLADUMPARAYIL HOUSE, ADIMALY, IDUKKI DISTRICT.** **4 BINDHU SAJEEVAN, W/O. SAJEEVAN, AGED 39 YEARS, MEMBER, THE KERALA STATE LEGAL METROLOGY LICENSEES AND TECHNICIANS COOPERATIVE SOCIETY LTD. NO.4473,OPPOSITE CIVIL STATION, MARIYIL TOWERS, THODUPUZHA-685585, IDUKKI DISTRICT, RESIDING AT MANAYKKAPRAMBIL HOUSE, OLAMATTOM P.O., THODUPUZHA, IDUKKI DISTRICT.** **BY ADVS. SRI.GEORGE POONTHOTTAM (SR.) SMT.NISHA GEORGE** **WP(C).No.24673 OF 2019(H) -2-** ## **RESPONDENTS:** |**1**|**THE REGISTRAR OF CO-OPERATIVE SOCIETIES,**| |---|---| ||**RAJAJI NAGAR MARKET ROAD, STATUE, THYCAUD,**| ||**THIRUVANANTHAPURAM-695001.**| |**2**|**THE KERALA STATE LEGAL METROLIGY LICENSEES AND**| ||**AND TECHNICIANS CO-OPERATIVE SOCIETY LTD.**| ||**NO.4473,OPPOSITE CIVIL STATION, MARIYIL TOWERS,**| ||**THODUPUZHA-685585, IDUKKI DISTRICT,**| ||**REPRESENTED BY ITS SECRETARY.**| |**3**|**OMANA V.G.,**| ||**W/O. P.K. SANTHOSH, PARACKAL HOUSE,**| ||**THODUPUZHA EAST P.O., KANJIRAMATTOM,**| ||**IDUKKI DISTRICT-685585.**| ||**R2 BY ADV. SRI.P.DEEPAK**| ||**R3 BY ADV. SRI.M.SASINDRAN**| ||**R4 BY ADV. SAJI VARGHESE KAKKATTUMATTATHIL**| ||**BY GOVT. PLEADER SMT.SHEEJA C.S.**| **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 01.12.2020, ALONG WITH WP(C).16636/2019(D), WP(C).18775/2019(V), THE COURT ON 02.12.2020, DELIVERED THE FOLLOWING:** ## **SATHISH NINAN, J.** **= = = = = = = = = = = = = = = = = = W.P.(C) Nos.18775, 16636 & 24673 of 2019 = = = = = = = = = = = = = = = = = = Dated this the 2[nd] day of December, 2020** ## **JUDGMENT** As per resolution No.2 dated 13.02.2017 of the Managing Committee of the Kerala State Legal Metrology Licencees and Technicians Co-operative Society Ltd. No.4473, various persons mentioned therein were granted membership in the Society. Subsequently, the Managing committee in its meeting dated 14.06.2017 resolved to cancel the membership granted on 13.02.2017. One among the members inducted as per resolution dated 13.02.2017 approached the Registrar under Rule 176 of the Rules seeking rescission of the resolution dated 14.06.2017. The Registrar as per order dated 31.05.2019 rescinded the resolution. Aggrieved, few members of the committee which passed the resolution dated 14.06.2017, including the then president, are before this Court. 2. Heard learned Senior Counsel Sri.George Poonthottam and learned counsel Sri.P.P.Jacob, on W.P.(C) Nos.18775, 16636 & 24673 of 2019 -: 2 :- behalf of the petitioners and learned counsel Sri.P.C.Sasidharan, Sri.M.Sasindran and Smt.C.S.Sheeja the learned Senior Government Pleader on behalf of the respondents. 3. Section 17 of the Co-operative Societies Act provides for expulsion of members who acted adversely to the interest of the Society or failed to comply with the provisions of the bye-laws of the Society. All are in unison that the case at hand is not one of expulsion of members as provided for under Section 17 and that the said provision does not apply. 4. Rule 16(3) of the Co-operative Societies Rules provides for removal of a person from membership on the ground of ineligibility for membership at the time of his admission or if he subsequently becomes ineligible for membership. The resolution of the Managing committee on 14.06.2017 for cancellation of membership is not on the ground of ineligibility of the members. Therefore, the cancellation of membership could not be under Rule W.P.(C) Nos.18775, 16636 & 24673 of 2019 -: 3 :- 16(3). The decision for cancellation of the membership, not being under Section 17 or Rule 16(3), and not backed upon any authority, the Registrar was right in rescinding the resolution. 5. The decision/resolution dated 14.06.2017 not being one expelling a member, the contention that the decision is appealable under 83(1)(c) of the Act has no force. 6. Sri.P.P.Jacob would also submit that the minutes dated 13.02.2017 purporting to grant membership, is a fabricated one which is liable to be declared so by the managing committee. That exactly is what has been done on 14.06.2017, submits the learned counsel. But, a reading of the minutes dated 14.06.2017 shows that there is not even a whisper regarding fabrication of the minutes dated 13.02.2017. Hence the said argument lacks merit. 7. The contention that, it was the Additional Registrar who conducted the hearing but the order rescinding the resolution was passed by the W.P.(C) Nos.18775, 16636 & 24673 of 2019 -: 4 :- Registrar and hence is bad for violation of the principle, “he who hears must decide”, has no substance in view of the principle of 'institutional hearing', as held by Full Bench of this Court in _**Sudheer v. Susheela [2009 (4) KLT 29 (FB)]**_ . 8. On the above discussions W.P.(C) No.16636/2019 and 24673/2019 fail. 9. Since the year 2017, an Administrative Committee is in management, necessarily election to the Managing Committee is to be held without any further delay. The Administrative Committee shall pass necessary resolution in the said regard within a period of one month from the date of receipt of a copy of this judgment and ensure that election to the Managing Committee is held without further delay. W.P.(C) No.18775/2019 is ordered accordingly. W.P.(C) Nos.16636 and 24673 of 2019 are dismissed. **Sd/SATHISH NINAN** kns/- //True Copy// P.S. to Judge ## **APPENDIX OF WP(C) 16636/2019** ## **PETITIONER'S/S EXHIBITS:** **EXHIBIT P1 TRUE PHOTOCOPY OF THE JUDGMENT IN WPC NO.24246/2018 DATED 6.3.2019. EXHIBIT P2 TRUE PHOTOCOPY OF THE RELEVANT PAGES OF THE RESOLUTION NO.11(2) DATED 30.1.2016 OF THE COMMITTEE OF THE SOCIETY. EXHIBIT P3 TRUE PHOTOCOPY OF THE RELEVANT PAGES OF THE RESOLUTION NO.2 DATED 13.2.2017 OF THE COMMITTEE OF THE SOCIETY. EXHIBIT P4 TRUE PHOTOCOPY OF THE DECISION CREATED AS RESOLUTION NO.2 DATED 13.2.2017. EXHIBIT P5 TRUE PHOTOCOPY OF THE APPLICATION OF 'A' CLASS MEMBERSHIP IN THE NAME OF BIJEESH DATED NIL. EXHIBIT P6 TRUE PHOTOCOPY OF THE APPLICATION OF 'A' CLASS MEMBERSHIP IN THE NAME OF THE SUMINA SUNNY DATED NIL. EXHIBIT P7 TRUE PHOTOCOPY OF THE RESOLUTION NO.2 ADOPTED IN THE 138TH MEETING DATED 14.6.2017. EXHIBIT P8 TRUE PHOTOCOPY OF THE LETTER ISSUED TO ONE SARIN M.S. DATED 24.6.2017. EXHIBIT P9 TRUE PHOTOCOPY OF THE NOTICE DATED 3.7.2017 ISSUED TO ONE THARA R.T. EXHIBIT P10 TRUE PHOTOCOPY OF THE JUDGMENT IN WPC 9591/2019 DATED 28.3.2019. EXHIBIT P11 TRUE PHOTOCOPY OF THE ORDER ISSUED BY THE REGISTRAR DATED 31.5.2019. RESPONDENT'S/S EXHIBITS: EXHIBIT R5(A) A TRUE COPY OF THE NOTICE DATED 15.6.2017 ISSUED TO THE PETITIONER. EXHIBIT R5(B) A TRUE COPY OF THE REPLY DATED 22.6.2017.** ----- ## **APPENDIX OF WP(C) 18775/2019** ## **PETITIONER'S/S EXHIBITS:** **EXHIBIT P1 TRUE COPY OF THE INTERIM ORDER IN W.P.(C) NO. 23443/2017 DATED 19.7.2017.** **EXHIBIT P2 TRUE COPY OF THE JUDGMENT IN W.P.(C) NO. 24246/2018 DATED 6.3.2019.** **EXHIBIT P3 TRUE COPY OF THE NOTIFICATION VIDE G.O.P NO. 60/2019/CO-OP DATED 30.5.2019 ISSUED BY THE GOVERNMENT.** - **EXHIBIT P4 TRUE COPY OF THE REPRESENTATION WITHOUT ANNEXURES DATED 6.5.2019 SUBMITTED BY THE PETITIONER BEFORE THE GOVERNMENT.** - **EXHIBIT P5 TRUE COPY OF THE RELEVANT PAGES OF THE RESOLUTION NO. 2 DATED 13.2.2017 OF THE COMMITTEE OF THE SOCIETY.** **EXHIBIT P6 TRUE COPY OF THE FALSE DECISION CREATED AS RESOLUTION NO.2 DATED 13.2.2017. EXHIBIT P7 TRUE COPY OF THE RESOLUTION NO.2 ADOPTED BY THE COMMITTEE 138TH MEETING DATED 14.6.2017.** **EXHIBIT P8 TRUE COPY OF THE ORDER ISSUED BY THE REGISTRAR OF CO-OPERATIVE SOCIETIES DATED 31.5.2019. EXHIBIT P9 TRUE PHOTOCOPY OF THE REPRESENTATION FILED BY THE PETITIONER AND OTHERS BEFORE THE THIRD RESPONDENT DATED 31.12.2018. EXHIBIT P10 TRUE COPY OF THE JUDGMENT IN W.P.(C) 1038/2019 DATED 28.5.2019.** **EXHIBIT P11 TRUE COPY OF THE ORDER ISSUED BY THE REGISTRAR OF CO-OPERATIVE SOCIETIES DATED 1.7.2019.** **EXHIBIT P12 TRUE COPY OF THE INTERIM ORDER IN W.P.(C) 16636/2019 DATED 19.6.2019. EXHIBIT P8A A TRUE COPY OF THE ORDER OF ENQUIRY UNDER SECTION 68(1) OF THE ACT.** **APPENDIX-WP(C) 18775/2019** **RESPONDENT'S/S EXHIBITS:** **EXHIBIT R8 (a) A TRUE COPY OF THE ORDER OF ENQUIRY UNDER SECTION 68(1) OF THE ACT. EXHIBIT R3 A A TRUE COPY OF THE ORDER DATED 01.07.2019** ----- ## **APPENDIX OF WP(C) 24673/2019** ## **PETITIONER'S/S EXHIBITS:** **EXHIBIT P1 TRUE COPY OF THE DECISION TAKEN BY THE BOARD OF DIRECTORS BY WAY OF RESOLUTION ON 30/01/2016. EXHIBIT P2 TRUE COPY OF THE JUDGMENT DATED 29/03/2019 IN WPC NO.25195/2018 PASSED BY THIS HON'BLE COURT. EXHIBIT P3 TRUE COPY OF THE REPRESENTATION FILED BY THE 3RD RESPONDENT BEFORE THE REGISTRAR OF CO-OPERATIVE SOCIETIES DATED 17/2/2018. EXHIBIT P4 TRUE COPY OF THE JUDGMENT DATED 28/03/2019 IN WPC NO.9591/2019 PASSED BY THIS HON'BLE COURT. EXHIBIT P5 TRUE COPY OF THE NOTICE NO. R.C.S/2333/2019/M.T.(4) DATED 30/04/2019 ISSUED BY THE ASSISTANT REGISTRAR. EXHIBIT P6 TRUE COPY OF THE ORDER NO.RCS/2333/2019/MT4 DATED 31/05/2019 PASSED BY THE REGISTRAR OF CO-OPERATIVE SOCIETIES.** -----