High Court of KeralaDivision BenchDisposed of four matters by common judgment; di...

P.A. ABRAHAM AND OTHERS v. B.N. SHYAMKUMAR AND OTHERS

Case / Petition Number:WA 437 OF 2025
Neutral Citation:2025:KER:28994

Case Details & Bench

Court
High Court of Kerala
Hon'ble Judges
  • Amit Rawal
  • K. V. Jayakumar
Judgment Date
2025-04-03
Court Decision / Holding
The court disposed of four matters by a common judgment and directed the Registrar Co‑operative Society, Thiruvananthapuram, to hold an enquiry into the said resignations, the no‑confidence motion, and related default issues with opportunity for hearing, within two months from the receipt of a certified copy of this judgment. It held that, until the authenticity of resignation letters is decided, further proceedings on the no‑confidence motion cannot proceed unconditionally. The court also declined to vacate the interim order and maintained the stay on the relevant notices pending final resolution.
Final Disposition
Disposed of four matters by common judgment; directions for Registrar to hold inquiry within two months; interim orders to remain in place.

Parties to the Case

Appellants / Petitioners

  • P.A. Abraham
  • VIJAYACHANDRAN S.
  • REHNA V.
  • SHEELA R.S.
  • MAHENDRAN M
  • V. GOPAN S.
  • SMT. RADHABHAI S.B. BHAVAN
  • SANEESH SANPHILO

Respondents

  • B.N. Shyamkumar
  • Joint Registrar of Co-operative Societies (General)
  • Assistant Registrar of Co-operative Societies (Kattakkada)
  • KattaKKADA Primary Co-operative Bank Ltd. No. T.2037
  • P. Rajasekharan Nair
  • Rehna V
  • Sheela R.S
  • Mahendran M
  • V. Gopan
  • Smt. Radhabai S. Bhavan
  • Saneesh Sanphilo

Legal Representation & Advocates

Counsels for Petitioners

  • • Nisha George
  • • Anshin K.K George Poonthottam (Sr.)

Counsels for Respondents

  • • T.R. Harikumar
  • • P.C. Sasidharan
  • • Arjun Raghavan

Case Synopsis & Summary

This judgment of a Division Bench (Amit Rawal, J. and K. V. Jayakumar, J.) delivers a common adjudication in WA No. 437 of 2025 and connected WP(C) Nos. 1307/2025, 2902/2025, and 3398/2025 arising from a dispute in the Katttakkada Primary Co-operative Agricultural and Rural Development Bank Ltd. The core dispute concerns a no-confidence motion passed on 8 January 2025 against the Bank’s President, B.N. Shyamkumar, and how actions taken by the Joint Registrar of Co-operative Societies—especially notices dated 16 January 2025 (appointing an officer to convene a meeting) and 18 January 2025 (disqualification notices) — intersect with resignations submitted by some directors. The petitioners/appellants (P.A. Abraham and others) challenge these notices, alleging fabrication of resignation letters, lack of quorum due to defaults and resignations, and procedural irregularities. The respondents defend the registrar’s actions as statutory and necessary to address no-confidence and governance issues. The Court identifies a common controversy across the matters and notes disputes about the genuineness of resignations and the quorum; it emphasizes that the writ court cannot act as an expert to adjudicate fabrication, and should rely on an expert body. The Court directs the Registrar Co-operative Society, Thiruvananthapuram, to conduct an inquiry into the resignations, the no-confidence motion, and related default issues with hearing, and decide within two months from the certified copy of the judgment. The interim orders remain in place pending final resolution. Four matters are disposed of by this common judgment.

Provisions of Law Cited

Section 33 of the Co-operative Societies Act, 1969Co-operative Societies Act, 1969Rule 44(1)(c) of the Cooperative Societies RulesArticle 226 of the Constitution of India

Legal Doctrines & Maxims

  • Judicial review under Article 226 cannot substitute for expert determination; the writ court cannot act as an expert but must rely on a competent expert body (Article 226 of the Constitution).

Submissions & Arguments

Contentions of Appellants / Petitioners

The appellants challenge the registrar’s notices (16/18 January 2025) as part of a disputed no‑confidence motion against the President. They contend resignations are contested (alleged fabrication and lack of genuine signatures) and that two members resigning simultaneously undermines quorum; they point to defaults and resignations affecting validity of the no‑confidence motion. They urge stay or vacatur of coercive actions until the genuineness of resignations is resolved and seek to limit the registrar’s powers pending final adjudication. They emphasize that the registrar’s bifurcated actions (no‑confidence proceedings versus disqualification) reflect procedural irregularities and a lack of uniform application of law.

Contentions of Respondents

The respondents defend the registrar’s action as a lawful response to alleged governance breakdown. They rely on the 8 January 2025 no‑confidence motion, the resignations and alleged defaults as essential elements affecting quorum and board continuity. They argue that the registrar’s notices and appointment of an officer are within the statutory framework to ensure proper governance and accountability in a cooperative society; they contend that the genuineness of resignations and the integrity of the proceedings are matters for final adjudication and can be examined by appropriate authorities in due course.

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Extracted Judgment Text

Exact text extracted from official judgment records.

**WA NO. 437 OF 2025 and conctd. Case 1** **==> picture [57 x 57] intentionally omitted <==** 2025:KER:28994 **IN THE HIGH COURT OF KERALA AT ERNAKULAM** **PRESENT** **THE HONOURABLE MR. JUSTICE AMIT RAWAL** **&** **THE HONOURABLE MR.JUSTICE K. V. JAYAKUMAR** **THURSDAY, THE 3[RD] DAY OF APRIL 2025 / 13TH CHAITHRA, 1947** **WA NO. 437 OF 2025** **AGAINST THE JUDGMENT IN WP(C) NO.2902 OF 2025 OF HIGH COURT OF** ## **KERALA** ## **APPELLANT(S)/RESPONDENTS 4 TO 9, 11 TO 12:** **1 P.A. ABRAHAM, S/O P.P.ANDREWS, VICE PRESIDENT, KATTAKKADA PRIMARY COOPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK LTD. NO.T.2037, MALAYINKEEZHU.P.O, THIRUVANANTHAPURAM , RESIDING AT PEAKKAKUZHIYIL, T.K.ESTATE, AMBOORI.P.O, THIRUVANANTHAPURAM, PIN - 695571** - **2 VIJAYACHANDRAN.S** - **S/O P.SEKHARA PILLAI, VISHAVAM, KALLIKKADU, MYLAKKARA.P.O, THIRUVANANTHAPURAM, PIN - 695572** - **3 REHNA.V,** - **D/O RAVEENDRAN, SUBHA HOUSE, KOTTAMPALLY, AMBALATHINKALA. P.O, KATTAKKADA, THIRUVANANTHAPURAM, PIN - 695572** - **4 SHEELA.R.S W/O SUNIL.C, T.H. NAGAR, GOWRY BHAVAN, THATTAVILA, MAYAYINKEEZHU.P.O, THIRUVANANTHAPURAM, PIN - 695571** - **5 MAHENDRAN.M** - **S/O G. MADHUSOODHANAN NAIR, MAHISREE, VANDANNOOR, PERAMPUZHATHOOR.P.O, THIRUVANANTHAPURAM, PIN - 695126** - **6 V.GOPAN S/O VELAYUDHAN NAIRASWATHY, KRISHNAPURAM, MALAYINKEEZHU.P.O, THIRUVANANTHAPURAM, PIN - 695571** - **7 SMT. RADHABHAI S.B.BHAVAN, KILLY, KOLLODE.P.O, KUTTIKKADU, THIRUVANANTHAPURAM, PIN – 695571** **WA NO. 437 OF 2025 and conctd. Case** **2** 2025:KER:28994 **==> picture [57 x 57] intentionally omitted <==** - **8 SANEESH** **SANPHILO, MEPPOOKKADA, MALAYINKEEZHU, THIRUVANANTHAPURAM, PIN - 695571** **BY ADVS. NISHA GEORGE ANSHIN K.K GEORGE POONTHOTTAM (SR.)** ## **RESPONDENT(S)/PETITIONER & RESPONDENTS 1 TO 3 AND 10:** - **1 B.N. SHYAMKUMAR, AGED 59 YEARS PRESIDENT, KATTAKKADA PRIMARY CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK LTD. NO.T.2037, MALAYINKEEZHU.P.O, THIRUVANANTHAPURAM, PIN - 695571** - **2 THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL) O/O. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES, KARYAVATTOM, THIRUVANANTHAPURAM, PIN - 695581** - **3 THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES O/O THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES, MINI CIVIL STATION, KATTAKKADA, KULATHUMMAL, THIRUVANANTHAPURAM, PIN - 695572** - **4 THE KATTAKKADA PRIMARY,CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK LTD. NO.T.2037,** - **MALAYINKEEZHU.P.O, THIRUVANANTHAPURAM ,REPRESENTED BY ITS SECRETARY, PIN - 695571** - **5 P. RAJASEKHARAN NAIR S/O PARAMESWARAN NAIR, PUNARTHAM, MARAMALLOOR, KOOVALASSERY.P.O, THIRUVANANTHAPURAM, PIN - 695512** ## **OTHER PRESENT:** ## **SR GP SRI T K VIPINDAS SRI P C SASIDHARAN** **THIS WRIT APPEAL HAVING BEEN HEARD ON 03.04.2025, ALONG WITH WP(C).1307/2025, 2902/2025 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** **WA NO. 437 OF 2025 and conctd. Case 3** 2025:KER:28994 **==> picture [57 x 57] intentionally omitted <==** # **IN THE HIGH COURT OF KERALA AT ERNAKULAM** **PRESENT** **THE HONOURABLE MR. JUSTICE AMIT RAWAL** **&** **THE HONOURABLE MR.JUSTICE K. V. JAYAKUMAR** **THURSDAY, THE 3[RD] DAY OF APRIL 2025 / 13TH CHAITHRA, 1947** ## **WP(C) NO. 1307 OF 2025** ## **PETITIONER/S:** - **1 P.A. ABRAHAM, AGED 82 YEARS S/O P.P. ANDREWS, VICE PRESIDENT, KATTAKKADA PRIMARY COOPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK LTD. NO. T.2037, MALAYINKEEZHU P.O., THIRUVANANTHAPURAM, RESIDING AT PEAKKAKUZHIYIL, T.K. ESTATE, AMBOORI P.O., THIRUVANANTHAPURAM, PIN - 695505** - **2 VIJAYACHANDRAN S., AGED 61 YEARS S/O. P. SEKHARA PILLAI, VISHNAVAM, KALLIKKADU, MYLAKKARA P.O., THIRUVANANTHAPURAM, PIN - 695572** - **3 REHNA V., AGED 39 YEARS D/O RAVEENDRAN, SUBHA HOUSE, KOTTAMPALLY, AMBALATHINKALA P.O., KATTAKKADA, THIRUVANANTHAPURAM, PIN - 695572** - **4 SHEELA R.S., AGED 45 YEARS W/O SUNIL C., T.H. NAGAR, GOWRY BHAVAN, THATTAVILA, MALAYINKEEZHU P.O., THIRUVANANTHAPURAM, PIN - 695571** - **5 MAHENDRAN M AGED 54 YEARS S/O G. MADHUSOODHANAN NAIR, MAHISREE, VANDANNOOR, PERAMPUZHATHOOR P.O., THIRUVANANTHAPURAM, PIN – 695126** - **6 GOPAN, AGED 60 YEARS S/O VELAYUDHAN NAIR, ASWATHY, KRISHNAPURAM, MALAYINKEEZHU P.O., THIRUVANANTHAPURAM, PIN – 695571** **WA NO. 437 OF 2025 and conctd. Case** **4** **==> picture [57 x 57] intentionally omitted <==** ## 2025:KER:28994 **7** **P. RAJASEKHARAN NAIR, AGED 70 YEARS S/O PARAMESWARAN NAIR, PUNARTHAM, MARAMALLOOR, KOOVALASSSERY P.O., THIRUVANANTHAPURAM, PIN - 695512** **BY ADVS. NISHA GEORGE GEORGE POONTHOTTAM (SR.) SILPA SREEKUMAR** ## **RESPONDENT/S:** - **1 JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES OFFICE OF THE JOINT REGISTRAR OF THE CO-OPERATIVE SOCIETIES, KANYAKUMARI, PANVEL ROAD, KARYAVATTOM, THIRUVANANTHAPURAM, PIN - 695581** - **2 ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES KATTAKADA, OFFICE OF THE ASSISTANT REGISTRAR OF COOPERATIVE SOCIETIES, MINI CIVIL STATION KATTAKKADA, KULATHUMMAL, THIRUVANANTHAPURAM DISTRICT, PIN - 695572** - **3 KATTAKKADA PRIMARY CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK LTD. NO. T.2037 MALAYINKEEZHU P.O., THIRUVANANTHAPURAM, REPRESENTED BY SECRETARY, PIN - 695571** - **4 B.N. SHYAMKUMAR, PRESIDENT, KATTAKKADA PRIMARY CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK LTD. NO. T.2037, MALAYINKEEZHU P.O., THIRUVANANTHAPURAM, PIN - 695571** **BY ADVS. T.R.HARIKUMAR P.C.SASIDHARAN ARJUN RAGHAVAN** **THIS WRIT PETITION (CIVIL) HAVING BEEN HEARD ON 03.04.2025, ALONG WITH WA.437/2025 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** **WA NO. 437 OF 2025 and conctd. Case 5** 2025:KER:28994 **==> picture [57 x 57] intentionally omitted <==** **IN THE HIGH COURT OF KERALA AT ERNAKULAM** **PRESENT** **THE HONOURABLE MR. JUSTICE AMIT RAWAL** **&** **THE HONOURABLE MR.JUSTICE K. V. JAYAKUMAR** **THURSDAY, THE 3[RD] DAY OF APRIL 2025 / 13TH CHAITHRA, 1947** **WP(C) NO. 2902 OF 2025** ## **PETITIONER(S):** **B.N. SHYAMKUMAR, AGED 59 YEARS PRESIDENT, KATTAKKADA PRIMARY CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK LTD. NO.T.2037, MALAYINKEEZHU.P.O, THIRUVANANTHAPURAM, PIN - 695571** ## **BY ADV P.C.SASIDHARAN** ## **RESPONDENT(S):** - **1 THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL) O/O. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES, KARYAVATTOM, THIRUVANANTHAPURAM, PIN - 695581** - **2 THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES O/O THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES, MINI CIVIL STATION, KATTAKKADA, KULATHUMMAL, THIRUVANANTHAPURAM, PIN - 695572** - **3 THE KATTAKKADA PRIMARY,CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK LTD. NO.T.2037,** - **MALAYINKEEZHU.P.O, THIRUVANANTHAPURAM ,REPRESENTED BY ITS SECRETARY, PIN – 695571** - **4 P.A. ABRAHAM, S/O P.P.ANDREWS, VICE PRESIDENT, KATTAKKADA PRIMARY COOPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK LTD. NO.T.2037, MALAYINKEEZHU.P.O, THIRUVANANTHAPURAM , RESIDING AT PEAKKAKUZHIYIL, T.K.ESTATE, AMBOORI.P.O, THIRUVANANTHAPURAM, PIN - 695571** - **5 VIJAYACHANDRAN.S S/O P.SEKHARA PILLAI, VISHAVAM, KALLIKKADU, MYLAKKARA.P.O, THIRUVANANTHAPURAM, PIN - 695572** **WA NO. 437 OF 2025 and conctd. Case** **6** **==> picture [57 x 57] intentionally omitted <==** ## 2025:KER:28994 - **6 REHNA.V,** - **D/O RAVEENDRAN, SUBHA HOUSE, KOTTAMPALLY, AMBALATHINKALA. P.O, KATTAKKADA, THIRUVANANTHAPURAM, PIN - 695572** **7 SHEELA.R.S W/O SUNIL.C, T.H. NAGAR, GOWRY BHAVAN, THATTAVILA, MAYAYINKEEZHU.P.O, THIRUVANANTHAPURAM, PIN - 695571** - **8 MAHENDRAN.M S/O G. MADHUSOODHANAN NAIR, MAHISREE, VANDANNOOR, PERAMPUZHATHOOR.P.O, THIRUVANANTHAPURAM, PIN - 695126** - **9 V.GOPAN S/O VELAYUDHAN NAIRASWATHY, KRISHNAPURAM, MALAYINKEEZHU.P.O, THIRUVANANTHAPURAM, PIN - 695571** **10 P. RAJASEKHARAN NAIR S/O PARAMESWARAN NAIR, PUNARTHAM, MARAMALLOOR, KOOVALASSERY.P.O, THIRUVANANTHAPURAM, PIN - 695512** - **11 SMT. RADHABHAI** - **S.B.BHAVAN, KILLY, KOLLODE.P.O, KUTTIKKADU, THIRUVANANTHAPURAM, PIN - 695571** - **12 SANEESH** **SANPHILO, MEPPOOKKADA, MALAYINKEEZHU, THIRUVANANTHAPURAM, PIN - 695571** **BY ADVS. T.R.HARIKUMAR NISHA GEORGE GEORGE POONTHOTTAM (SR.)(K/000570/1979) ANSHIN K.K(K/1249/2021) ARJUN RAGHAVAN** **THIS WRIT PETITION (CIVIL) HAVING BEEN HEARD ON 03.04.2025,** **ALONG WITH WA.437/2025 AND CONNECTED CASES, THE COURT ON THE SAME DAY** ## **DELIVERED THE FOLLOWING:** **WA NO. 437 OF 2025 and conctd. Case 7** 2025:KER:28994 **==> picture [57 x 57] intentionally omitted <==** **IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE AMIT RAWAL & THE HONOURABLE MR.JUSTICE K. V. JAYAKUMAR THURSDAY, THE 3[RD] DAY OF APRIL 2025 / 13TH CHAITHRA, 1947 WP(C) NO. 3398 OF 2025** ## **PETITIONER/S:** - **1 REHNA V., AGED 39 YEARS D/O. RAVEENDRAN, SUBHA HOUSE, KOTTAMPALLY, AMBALATHINKALA P.O., KATTAKKADA, THIRUVANANTHAPURAM, PIN - 695572** - **2 SHEELA R.S. AGED 45 YEARS W/O. SUNIL C., T.H. NAGAR, GOWRY BHAVAN, THATTAVILA, MALAYINKEEZHU P.O., THIRUVANANTHAPURAM, PIN - 695571** **BY ADVS. NISHA GEORGE GEORGE POONTHOTTAM (SR.) ANSHIN K.K** ## **RESPONDENT/S:** - **1 JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL) OFFICE OF THE JOINT REGISTRAR OF THE CO-OPERATIVE SOCIETIES, KANYAKUMARI, PANVEL ROAD, KARYAVATTOM, THIRUVANANTHAPURAM, PIN - 695581** - **2 ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES KATTAKADA, OFFICE OF THE ASSISTANT REGISTRAR OF COOPERATIVE SOCIETIES, MINI CIVIL STATION KATTAKKADA, KULATHUMMAL, THIRUVANANTHAPURAM DISTRICT, PIN - 695572** - **3 B.N. SHYAMKUMAR, PRESIDENT, KATTAKKADA PRIMARY CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK LTD. NO. T.2037, MALAYINKEEZHU P.O., THIRUVANANTHAPURAM, PIN - 695571** ## **BY ADV P.C SASIDHARAN** **THIS WRIT PETITION (CIVIL) HAVING BEEN HEARD ON 03.04.2025, ALONG WITH WA.437/2025 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** **WA NO. 437 OF 2025 and conctd. Case** **8** 2025:KER:28994 **==> picture [57 x 57] intentionally omitted <==** ## JUDGMENT ## [WA Nos.437/2025, 1307/2025, 2902/2025, 3398/2025] ## Amit Rawal, J. This order shall dispose of four (4) matters; W.A No.437 of 2025 [P.A Abraham and others v. B.N Shyamkumar and Others] arising out of an interim order dated 5.2.2025 in WP(C) No.2902 of 2025, WP(C) No.2902 of 2025 [B.N Shyamkumar v. The Joint Registrar of Co-operative Societies (General)] filed by the President of the Society challenging the notice Ext.P2 dated 18.1.2025 whereby the Joint Registrar had appointed an Officer to consider the resolution dated 8.1.2025 passed by the members of the Board of Directors expressing no-confidence motion against the President, WP(C) No.1307 of 2025 [P.A Abraham and Others v. Joint Registrar of Cooperative Societies and Others] for seeking a writ of mandamus directing the Joint Registrar to take further steps for appointing a Presiding officer or fixing a date for consideration of no-confidence motion, WP(C) No.3398 of 2025 [Rehna v. and another v. Joint Registrar of Co-operative Societies(General) and Others] for quashing notice issued by the Joint Registrar, Thiruvananthapuram dated 16.1.2025 taking action of disqualification of the petitioner on the basis of **WA NO. 437 OF 2025 and conctd. Case 9** **==> picture [57 x 57] intentionally omitted <==** 2025:KER:28994 the receipt of the complaint of Sri.Santhosh Kumar being a defaulter as per the provisions of Rule 44 (1) (c) of the Cooperative Societies Rules. 2. The crux of the controversy in all these matters is common and therefore are being disposed of by a common judgment. The controversy involved is that out of 13 members, 1/3[rd] member ie., 7 had on 8.1.2025 passed a resolution of noconfidence motion against the President Sri.B.N Shyamkumar, writ petitioner in WP(C) No.2902 of 2025. On receipt of the notice, the President submitted an application to the Joint Registrar that two of the members have been disqualified being in default and regarding two members have submitted resignation on 7.1.2025. 3. On the receipt of the aforementioned no-confidence motion and as well as the letter submitted by the respondent, the then President, that the resolution of no-confidence was lacking full quorum on account of two ambiguities ie., disqualification and default, therefore could not be acted upon, the Joint Registrar General vide order dated 16.1.2025 issued a notice to the members against whom the allegation of disqualification either on account of fault or of resignation, which according to the appellants in the writ appeal is **WA NO. 437 OF 2025 and conctd. Case** **10** **==> picture [57 x 57] intentionally omitted <==** 2025:KER:28994 fabricated. 4. Simultaneously, after two days on 18.1.2025 vide order Ext.P2 in WP(C) No.2902 of 2025 had also issued a notice to the President appointing one officer to convene a meeting for discussing the issue of the no-confidence motion. 5. On perusal of the aforementioned facts, it is evident that two opposite steps have been taken; one in terms of the resolution dated 8.1.2025 expressing no-confidence motion against the President by appointing an Officer vide notice dated 18.1.2025, which is under stay in WP(C) No.2902 of 2025; another, for taking an action of disqualification on two aspects ie., the default and resolution. 6. In this view of the incongruous situation, the President had filed a writ petition No.2902 of 2025 seeking the stay of the notice dated 18.1.2025 which is under interim stay and another Writ petition No.1307 of 2025 for issuing a directions to the Joint Registrar to take action against the resolution as well as WP(C) No.3398 of 2025 challenging the notice dated 16.1.2025 of disqualification. Section 33 of the Co-operative Societies Act, 1969 provides that whenever a resignation is submitted by the member, the date of submission would be considered as resignation. **WA NO. 437 OF 2025 and conctd. Case 11** **==> picture [57 x 57] intentionally omitted <==** 2025:KER:28994 7. A plea of fraud and fabrication has been taken on behalf of the persons who are a signatory to the no-confidence motion on the ground that the signatures are based upon not of their volition but based upon the fabrication to overcome the hurdle of no confidence motion. It cannot be believed that a person who had submitted a resignation on 7.1.2025, again participated in the proceedings on 8.1.2025 for taking noconfidence motion against the President of the Society. 8. Even the Joint Registrar, who is a quasi-judicial authority, does not know the nuances of the procedure and has adopted a dichotomous approach on one hand by taking steps for implementation of the no-confidence motion and on the other hand for disqualification on the ground of default of the arrears as well as resignation. 9. The learned Single Bench on the request of the appellants in the present appeal and the respondents in WP(C) No.2902 of 2025 for vacating the interim order dated 24.1.2025 staying the notice dated 18.1.2025 appointing the officer to conduct the proceedings for no-confidence motion, rejected the request and passed a detailed order which is under challenge before this Court. The operative part of the order reads thus: **WA NO. 437 OF 2025 and conctd. Case** **12** **==> picture [57 x 57] intentionally omitted <==** 2025:KER:28994 4. I have carefully gone through the records. In this case, even though the resignation letters submitted by some of the party respondents were seriously disputed by them, the fact remains that, there are resignation letters signed by the parties concerned. In this regard, in the counter affidavit filed by the respondents 4 to 9 , 11 and 12, the specific averment raised by the above respondents is that, the petitioner had obtained signed blank papers from the party respondents at the time of election of the Managing Committee of the 3rd respondent on 23.01.2021. According to them, thereafter, they have fabricated resignation letters utilizing the blank papers. 5. Thus, the crucial question is regarding the genuineness of the resignation letters which contain the signatures of the parties concerned. As there are resignation letters on record, the question as to whether the said resignation letters were fabricated or not is a matter to be decided at the final hearing. Therefore, I am of the view that, the interim order already granted by this Court need not be vacated in view of the fact that, in the light of the said resignation letters, the party respondents are seized to be the members of the management committee with effect from the date of tendering of the said resignations. Therefore, permitting the convening of the meeting to consider the no confidence motion as proposed in Ext.P2, cannot be allowed as of now, as there is nothing to show that the petitioners are continuing as the members of the Managing Committee. They can be treated as the members of the Managing Committee only if the resignations are found to be invalid, which can only be decided at the time of final disposal. Therefore, the relief sought by the respondents to vacate the interim order is declined. 10. On perusal of the aforementioned order, it is evident that the court was of the opinion that until and unless the genuineness of the resignation letters is decided, there cannot be any further proceedings pursuant to the notice dated 18.1.2025 appointing an Officer for implementation and taking **WA NO. 437 OF 2025 and conctd. Case 13** **==> picture [57 x 57] intentionally omitted <==** 2025:KER:28994 a call on the resolution of no-confidence motion dated 8.1.2025. The question posed before us is whether in such circumstances, adoption of the dichotomous approach by the Joint Registrar should this Court assume the role of an expert to examine the alleged fabrication of the resignation letters as well as the default proceedings, the answer was 'No'. It is settled law that the writ court while exercising the power of judicial review under Article 226 of the Constitution of India cannot assume the role of the expert but has to take the assistance of an expert body competent to decide the issue. 11. Since it appears that the Joint Registrar does not have the deep knowledge regarding the initiation of proceedings and had been sailing in two boats, we deem it appropriate that the enquiry with regard to submission of the resignation letter, quorum of the no-confidence motion dated 8.1.2025 or default proceedings shall be examined by the Registrar Co-operative Society, Thiruvananthapuram for arriving at a just and equitable relief and find out whether no-confidence motion is genuine or otherwise suffers from the lack of quorum on account of resignation, not being fabricated or otherwise etc. Accordingly, we dispose of the present writ appeal as well as the writ petitions by issuing directions to the Registrar **WA NO. 437 OF 2025 and conctd. Case 14** **==> picture [57 x 57] intentionally omitted <==** 2025:KER:28994 Co-operative Society to hold an enquiry in respect of the aforementioned allegation/cross allegation by the parties to the lis and decide the controversy after affording an opportunity of hearing, in accordance with law, within a period of two months from the date of receipt of a certified copy of this judgment. Sd/- AMIT RAWAL JUDGE Sd/- sab K. V. JAYAKUMAR JUDGE **WA NO. 437 OF 2025 and conctd. Case 15** 2025:KER:28994 **==> picture [57 x 57] intentionally omitted <==** ## **APPENDIX OF WP(C) 1307/2025** ## **PETITIONER EXHIBITS** **Exhibit P1** **A TRUE COPY OF THE NO-CONFIDENCE MOTION SUBMITTED BY THE PETITIONERS TO THE 1ST RESPONDENT ON 08.01.2025** **Exhibit P2** **A TRUE COPY OF THE LETTER SUBMITTED ON 09.01.2025 BY THE PETITIONERS, ALONG WITH THE LETTER FROM SHRI RAJASEKHARAN NAIR, WHO WAS UNABLE TO APPEAR BEFORE THE 2ND RESPONDENT IN PERSON ON 09.01.2025** ## **RESPONDENT EXHIBITS** **EXHIBIT R4(a)** **The true copy of the resignation letter of the 3rd petitioner dated 7/1/2025** **EXHIBIT R4(b) The true copy of the resignation letter of the 4th petitioner dated 7/1/2025 EXHIBIT R4(c) The true copy of the resignation letter of the 6th petitioner dated nil** **EXHIBIT R4(d) The true copy of the resignation letter of the 7th petitioner dated nil EXHIBIT R4(e) True copy of the resignation letter submitted by Sri.Vinod Kumar M.R dated 8/1/2024** **EXHIBIT R4(f) True copy of the resignation letter submitted by Smt. Radhabhai dated nil** **EXHIBIT R4(g) True copy of the resignation letter submitted by Sri.Saneesh dated nil** **EXHIBIT R4(h) True copy of the resignation letter submitted by Smt. B.B.Rajani dated 8/1/2024** **WA NO. 437 OF 2025 and conctd. Case 16** **==> picture [57 x 57] intentionally omitted <==** ## 2025:KER:28994 ## **APPENDIX OF WP(C) 2902/2025** **PETITIONER EXHIBITS** **Exhibit P1(a) THE TRUE COPY OF THE RESIGNATION LETTER OF THE 6TH RESPONDENT DATED 7/1/2025** **Exhibit P1(b) THE TRUE COPY OF THE RESIGNATION LETTER OF THE 7TH RESPONDENT DATED 7/1/2025** **Exhibit P1(c) THE TRUE COPY OF THE RESIGNATION LETTER OF THE 9TH RESPONDENT** **Exhibit P1(d) THE TRUE COPY OF THE RESIGNATION LETTER OF THE 10TH RESPONDENT** **Exhibit P1(e) TRUE COPY OF THE RESIGNATION LETTER SUBMITTED BY 11TH RESPONDENT** **Exhibit P1(f) TRUE COPY OF THE RESIGNATION LETTER SUBMITTED BY 12TH RESPONDENT** - **Exhibit P1(g) TRUE COPY OF THE RESIGNATION LETTER SUBMITTED BY SMT. B.B.RAJANI DATED 8/1/2024** - **Exhibit P1(h) TRUE COPY OF THE RESIGNATION LETTER SUBMITTED BY SRI.VINOD KUMAR M.R DATED 8/1/2024** - **Exhibit P2 THE TRUE COPY OF THE PROCEEDINGS DATED 18/1/2025 OF THE JOINT REGISTRAR** - **Exhibit P3 THE TRUE COPY OF THE REQUEST DATED 8/1/2025 MADE BY THE PETITIONER BEFORE THE 1ST RESPONDENT** - **Exhibit P4 THE TRUE COPY OF THE NOTICE DATED 16/1/2015 ISSUED BY THE 1ST RESPONDENT TO THE 6TH AND 7TH RESPONDENT** **RESPONDENT EXHIBITS** - **Exhibit-R8(a) True copy of the no-confidence motion submitted by party respondents before the 1st respondent on 08.01.2025** **Exhibit-R8(b) True copy of the letter submitted on 09.01.2025 by the respondents 4 to 9, along with the letter from Shri Rajasekharan Nair, who was unable to appear before the 1st respondent in person on 09.01.2025.** **Exhibit-R8(c) True copy of the letter dated 18.01.2025 submitted by the 12th respondent** **Exhibit-R8(d) True copy of the letter dated 20.01.2025 submitted by the 11th respondent.** **WA NO. 437 OF 2025 and conctd. Case** **17** 2025:KER:28994 **==> picture [57 x 57] intentionally omitted <==** ## **APPENDIX OF WP(C) 3398/2025** ## **PETITIONER EXHIBITS** - **Exhibit P1** **TRUE COPY OF THE REQUEST DATED 08.01.2025** - **Exhibit P2** **TRUE COPY OF THE REPRESENTATION GIVEN BY THE MEMBERS OF THE MANAGING COMMITTEE TO THE JOINT REGISTRAR DATED 09.01.2025** - **Exhibit P3 TRUE COPY OF THE COMMUNICATION GIVEN BY THE PRESIDENT OF THE MANAGING COMMITTEE ON 06.01.2025 TO THE 1ST PETITIONER** - **Exhibit P4 TRUE COPY OF THE COMMUNICATION GIVEN BY THE PRESIDENT OF THE MANAGING COMMITTEE ON 06.01.2025 TO THE 2ND PETITIONER.** - **Exhibit P5 TRUE COPY OF THE INTERIM ORDER DATED 13.01.2025 IN W.P.(C) NO. 1307/2025 PASSED BY THIS HON'BLE COURT.** - **Exhibit P6 TRUE COPY OF THE NOTICE NO. JRGTVM/173/2025-A DATED 16.01.2025 ISSUED BY THE 1ST RESPONDENT .** - **Exhibit P7 TRUE COPY OF THE REQUEST DATED 22.01.2025 SUBMITTED BY THE PETITIONERS TO THE 1ST RESPONDENT** - **Exhibit P8 TRUE COPY OF THE INTERIM ORDER DATED 24.01.2025 IN W.P.(C) NO. 2902 OF 2025 PASSED BY THIS HON'BLE COURT** - **Exhibit P9 TRUE COPY OF THE ORDER NO. JRGTVM/177/25-A DATED 18.01.2025 ISSUED BY THE 1ST RESPONDENT** ## **RESPONDENT EXHIBITS** **Exhibit R3(a) A true copy of the letter sent by the society to the 1 st petitioner dated 06-11-2023** **Exhibit R3(b) A true copy of the letter sent by the society to the 2 nd petitioner dated 06-11-2023 Exhibit R3(c) A true copy of letter sent by the 1 st petitioner to the Secretary dated 15-11-2023 Exhibit R3(d) A true copy of letter sent by the 1 st petitioner to the Secretary dated 15-06-2024 Exhibit R3(e) A true copy of letter sent by the 2nd petitioner to the Secretary dated 15-11-2023** **WA NO. 437 OF 2025 and conctd. Case** **18** 2025:KER:28994 **==> picture [57 x 57] intentionally omitted <==** **APPENDIX OF WA 437/2025** ## **PETITIONER ANNEXURES** **Annexure 1** **TRUE COPY OF THE ORDER NO. JRGTVM/305/2025 A DATED 11.03.2025 ISSUED BY THE 2ND RESPONDENT, ALONG WITH ITS ENGLISH TRANSLATION.** **Annexure 2 TRUE COPY OF THE ORDER NO. JRGTVM 305-2025-A DATED 11.03.2025 ISSUED BY THE 2ND RESPONDENT Annexure 3 TRUE COPY OF THE ORDER NO. JRGTVM/173/2025-A DATED 14.03.2025 ISSUED BY THE 2ND RESPONDENT**