O.P. MOIDEEN v. REGISTRAR OF CO-OPERATIVE SOCIETIES

Case Details & Bench

Court: High Court of Kerala
Hon'ble Judges: Thottathil B. Radhakrishnan
Judgment Date: 2008-03-06
Court Decision / Holding: Writ petition dismissed; no costs.
Final Disposition: Petition dismissed

Parties to the Case

Appellants / Petitioners

O.P. Moideen, President, Kerala State Co-operative Housing Federation Ltd.

Respondents

Registrar of Co-operative Societies, Thiruvananthapuram

Legal Representation & Advocates

Counsels for Petitioners

• Sri. George Poonthottam

Counsels for Respondents

• Smt. A.G. Aneetha, SPL. Government Pleader

Case Synopsis & Summary

This Kerala High Court writ petition was filed by O.P. Moideen, President of the Kerala State Co-operative Housing Federation, challenging a Registrar’s order over the quorum for a cooperative society committee meeting on 8-8-2007. The society’s bye-laws cap the committee at 19 members and Government nominees, three under Section 31 of the Kerala Co-operative Societies Act, 1969, sit on the committee. The Registrar issued Ext. P8 stating the total committee strength was 22 and that quorum should be just above 50% (i.e., 12). The petitioner contended that quorum should be computed excluding Government-nominated members, counting only elected members under Section 28(1). He argued neither Section 28(5) nor Rule 37 of the Kerala Co-operative Societies Rules, 1969 requires inclusion of nominated members for quorum calculations. The Special Government Pleader urged that nominated members are members of the committee, subject only to Section 31(3)’s restriction on participation in no-confidence motions, and supported this with N. Sudarsanan v. State of Kerala. The court analyzed Section 2(e) (definition of committee), Sections 28(1), 28(5), and 31(1)/(3), concluding that a quorum for meetings of a committee governed by Section 31 must include both elected and Government-nominated members. Consequently, the impugned order is valid, and the petition is dismissed without costs.

Provisions of Law Cited

Section 31(1) of the Kerala Co-operative Societies Act, 1969Section 31(3) of the Kerala Co-operative Societies Act, 1969Section 28(5) of the Kerala Co-operative Societies Act, 1969Section 28(1) of the Kerala Co-operative Societies Act, 1969Section 2(e) of the Kerala Co-operative Societies Act, 1969Rule 37 of the Kerala Co-operative Societies Rules, 1969Rule 37(2) of the Rules

Submissions & Arguments

Contentions of Appellants / Petitioners

The petitioner contends that quorum for a cooperative society committee meeting must be calculated from the elected members under Section 28(1). He submits that Section 31 governs Government nominations but does not prescribe a method to compute quorum, and Rule 37 does not require counting nominees. Therefore quorum should be just above 50% of elected members, excluding Government nominees. He notes Ext. P8 relies on total membership (including nominated members) and thus is incorrect.

Contentions of Respondents

The Registrar argues that Government-nominated members under Section 31(1) are full members of the committee and must be counted for quorum, with only Section 31(3) limiting their participation in no-confidence motions. Relying on N. Sudarsanan v. State of Kerala, the respondents argue the quorum must reflect the full composition (28(1) + 31(1)) of the committee as on the meeting date.

Cited Precedents (1)

Case Name	Citation	Treatment	Explanation
N. Sudarsanan v. State of Kerala	1996 (2) KLT 942	Positive	The court cites the cited case to support that Government nominees are members of the committee and may participate, subject to a restriction under Section 31(3); this supports counting nominated members toward quorum for meetings under Section 31.

Extracted Judgment Text

Exact text extracted from official judgment records.

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** **PRESENT :** **THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN** **THURSDAY, THE 6TH MARCH 2008 / 16TH PHALGUNA 1929** **WP(C).No. 6277 of 2008(V)** **-----------------------------------** **PETITIONER:** - **------------------** **O.P.MOIDEEN, PRESIDENT, KERALA STATE CO-OPERATIVE HOUSING FEDERATION LTD.NO.4330, KALOOR, ERNAKULAM, KOCHI-682 017.** **BY ADV. SRI.GEORGE POONTHOTTAM** **RESPONDENTS:** **----------------------** **THE REGISTRAR OF CO-OPERATIVE SOCIETIES, THIRUVANANTHAPURAM.** **BY SPL. GOVERNMENT PLEADER SMT. A.G. ANEETHA** **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 29/02/2008, THE COURT ON 06/03/2008 DELIVERED THE FOLLOWING:** ## **WP(C) NO: 6277/2008** ## **APPENDIX** ## **PETITIONER'S EXHIBITS** ## **EXT.P1. COPY OF THE BYELAWS OF THE KERALA STATE CO-OPERATIVE HOUSING FEDERATION.** **EXT.P2. COPY OF THE REFERENCE ORDER MADE BY THE REGISTRAR OF COOPERATIVE SOCIETIES AND THE INTERIM ORDER PASSED BY THE ARBITATOR.** **EXT.P3. COPY OF THE REFERENCE ORDER AND INTERIM ORDER PASSED BY THE ARBITRATOR.** **EXT.P4. COPY OF THE NOTICE NO. B.M. 41/P.L. 2004-2009 DT. 26/7/2007.** **EXT.P5. COPY OF THE NOTICE NO. H.V. (1) 38396/07 DT. 22/12/2007.** **EXT.P6. COPY OF THE REPLY GIVEN BY THE PETITIONER DT. 29/12/2007.** **EXT.P7. COPY OF THE NOTICE NO. H.V(1) 38396/2007 DT. 1/1/2008.** **EXT.P8. COPY OF THE ORDER NO. H.V. (1) 38396/2007 DT. 6/2/2008.** ## **RESPONDENT'S EXHIBITS** **NIL.** True copy tga ## THOTTATHIL B. RADHAKRISHNAN, J. = = = = = = = = = = = = = = = = = = = = = = = = WP(C).No.6277 of 2008-V = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 6[th] day of March, 2008. ## JUDGMENT **==> picture [39 x 13] intentionally omitted <==** - 1.What is the quorum for a meeting of the committee, of a co-operative society, in which Government have nominees? - 2.The petitioner is the President of a society to which Section 31 of the Kerala Co-operative Societies Act, 1969, hereinafter, the “Act”, applies. The respondent, Registrar, issued Ext.P8 on the ground of lack of quorum for the meeting of the committee of that society, held on 8-82007. Hence, this writ petition. - 3.The relevant facts lie within a narrow compass. Clause 11.1) of Ext.P1 Bye-laws of the society WP(C)6277/2008 -: 2 :- provides that the committee shall consist of not more than 19 members, in terms of the classification in that provision. The Government have nominated three persons to be members of the committee in terms of Section 31 of the Act. The meeting in issue was attended only by 11 members of the committee. The impugned Ext.P8 is issued taking the view that the total number of members of the committee is 22 and therefore, the quorum for a meeting of the committee shall be 12 in terms of Section 28(5) of the Act. 4.The writ petitioner pleads that the quorum has to be determined without reckoning the members nominated in terms of Section 31 of the Act and with reference, only to the members of the committee as elected in terms of Section 28(1). In support of this contention, Advocate Sri.Poonthottam argued that sub-section (5) of Section 28 applies only on the basis of subsection (1) of that section and that Section 31 does not contain any mandate to include the nominated members to determine the quorum for a WP(C)6277/2008 -: 3 :- meeting. It is pointed out that even Rule 37 of the Kerala Co-operative Societies Rules, 1969, for short, the “Rules”, does not enjoin the inclusion of the nominated members to determine the quorum. 5.The learned Special Government Pleader for Cooperation, Smt.Aneetha, argued that the quorum has to be determined by counting also, the nominees of the Government since by such nomination, they become members of the committee and the only restriction on them is that in terms of Section 31(3), regarding participation in the discussion of, or voting on, any noconfidence motion. She referred to N.Sudarsanan v. State of Kerala [1996 (2) KLT 942] in support, to argue that no further embargo could be placed. - 6.The term “committee” is defined in Section 2(e) of the Act, to mean the governing body of a cooperative society, by whatever name called, to which the management of the affairs of the WP(C)6277/2008 -: 4 :- society is entrusted. Section 28(1) obliges the general body of a society to constitute a committee in accordance with the bye-laws and entrust the management of the affairs of the society to such committee. Section 31(1) provides a right with the Government to nominate persons to be members of the committee. As noticed in N.Sudarsanan (supra), the only restriction on the nominated member is abstinence from participation in the discussion of any no-confidence motion and voting thereon. Subject to such restriction, the Government nominees are members of the committee, in the fullest sense. Their nomination is envisaged in Section 31 to protect the interest of the Government, as is apparent from a plain reading of Section 31(1) of the Act. Their participation is legislatively sanctioned to the fullest extent, except for the abstinence ordered in sub-section (3) of Section 31. The result of nomination in terms of Section 31(1) is that the nominated person becomes a member of the committee. There can be no further WP(C)6277/2008 -: 5 :- classification between the nominated members and the elected members unless the Legislature has prescribed it. This is also the reason for Rule 37(2) of the Rules. 7.Section 28(5) of the Act provides that the quorum for a meeting of a committee shall be such number of members, just above fifty per cent of the total number of members of that committee. The quorum rule provided by Section 28(5) applies for a meeting. The time and place for determining the quorum for a meeting is the meeting itself. The prescription is that the quorum shall be such number of members, just above fifty per cent of the total number of members of that committee, thereby meaning the committee of which a meeting is being held. As on the date of meeting, the nominees of the Government are members of the committee in terms of Section 31(1). The quorum for a meeting has to be above fifty per cent of the total number of members of that committee which is to meet, meaning thereby, the committee in office as on WP(C)6277/2008 -: 6 :- that day. This, indisputably, is the committee comprising of those in the committee in terms of Section 28(1) and those in the committee by virtue of their nomination in terms of Section 31(1) of the Act. 8.For the aforesaid reasons, the quorum for a meeting of a committee of a society to which Section 31(1) of the Act applies shall be such number of persons, just above fifty per cent of the total number of members of the committee consisting of the elected members in terms of Section 28(1) and the nominated members in terms of Section 31(1) of the Act. This is how the quorum rule contained in Section 28(5) would apply to a meeting of a committee of an apex or a central society under the Act. 9.The three Government nominees of the committee of the society in hand were members of the committee as on the date of the meeting in question. There is no dispute on that. Applying the law as enunciated above, the impugned order WP(C)6277/2008 -: 7 :- is not vitiated by any legal infirmity or jurisdictional error. 10.In the result, the writ petition fails. The same is accordingly dismissed. No costs. Sd/THOTTATHIL B. RADHAKRISHNAN, JUDGE. Sha/ -true copy- P.S.to Judge.