Prabha Prasad and Others v. State of Kerala and Others
Case Details & Bench
- Court
- High Court of Kerala
- Hon'ble Judges
- Sathish Ninan, J.
- Judgment Date
- 2020-07-21
- Court Decision / Holding
- Writ Petition disposed of as above: the order of disqualification under Rule 44 is set aside; the part-time administrator’s appointment is interfered with; the managing committee is to manage day-to-day affairs but not to take policy decisions; the petitioners may file an appeal under Section 83(1)(e) within one month, deemed timely, with merits to be heard within three months; the Registrar may initiate fresh Rule 44(3) proceedings if required.
- Final Disposition
- Writ Petition disposed of as above.
Parties to the Case
Appellants / Petitioners
- Prabha Prasad
- P. Sasi
- K. Raju
- Ajikumaran R.
- Sathyanathan C.
- Jaya G.
Respondents
- State of Kerala represented by the Secretary to Government, Co-operative Department, Government of Kerala
- The Registrar of Co-operative Societies (General), Thiruvananthapuram
- The Joint Registrar of Co-operative Societies (General), Office of the Joint Registrar of Co-operative Societies, Kollam
- The Arbitrator/The Assistant Registrar of Co-operative Societies (General), Office of the Assistant Registrar of Co-operative Societies, Punalur
- The Punalur Scheduled Caste/Scheduled Tribe Service Co-operative Society Ltd., No. Q 489, Chemmanthoor, Punalur P.O., Kollam District, represented by its Secretary
- The Enquiry Officer (Office Inspector), Office of Assistant Registrar (General), Kollam
Legal Representation & Advocates
Counsels for Petitioners
- • K.C. Santosh
- • K.K. Chandralekha
Counsels for Respondents
- • Smt. Sheeja C.S.
Case Synopsis & Summary
This writ petition challenges Ext.P11 surcharge under Section 68 of the Kerala Co-operative Societies Act and Ext.P12 appointment of a part-time administrator, which affected the President and five members of the Managing Committee of the Punalur Scheduled Caste and Scheduled Tribes Service Co-operative Society Ltd. The petitioners contend that the surcharge and the concomitant disqualification under Rule 44 of the Co-operative Societies Rules were bad in law because Rule 44(3) requires an opportunity of hearing prior to disqualification, which was not afforded. They rely on Abdulla Haji A. v. Joint Registrar of Co-op. Societies (G), Kannur, and Another to urge that even for surcharge, an order of disqualification cannot be issued without a hearing. The judgment holds that the mere fact of surcharge by the Registrar does not dispense with the hearing requirement, and the court may set aside the disqualification but permits fresh Rule 44(3) proceedings if needed. The court also notes the availability of an appellate remedy under Section 83(1)(e) within 60 days and, in the alternative, relegates the petitioners to that forum, directing disposal on merits within three months. Consequently, the disqualification is set aside, the part-time administrator is vacated, and the managing committee is to manage day-to-day affairs without taking policy decisions until further orders. The petition is disposed of accordingly.
Provisions of Law Cited
Submissions & Arguments
Contentions of Appellants / Petitioners
The petitioners contend that the surcharge order under Section 68 and the subsequent disqualification under Rule 44(1) are invalid for want of an opportunity of hearing, as mandated by Rule 44(3). Relying on Abdulla Haji A., they submit that disqualification cannot be issued without hearing, and the Registrar cannot bypass Rule 44(3) by merely passing the surcharge. They urge that the petition be relegated to the statutory appellate remedy under Section 83(1)(e) and seek setting aside the disqualification and the administrator’s appointment, so that the elected committee can resume-day-to-day management. They argue for protection against sweeping policy decisions until fresh proceedings are completed.
Contentions of Respondents
The respondents contend that surcharge is subject to the statutory remedy under Section 83(1)(e) and that a writ petition can be relegated to that forum. They argue that the proper procedure was or can be followed under Rule 44(3) and that the appointment of a part-time administrator is legally tenable. They rely on the existing statutory framework to ensure proper governance and accountability during the proceedings.
Cited Precedents (1)
| Case Name | Citation | Treatment | Explanation |
|---|---|---|---|
| Abdulla Haji A. v. Joint Registrar of Co-op. Societies (G), Kannur and Another | 2009 (4) KLT SN 16 | Positive | The judgment cites Abdulla Haji A. to reinforce that disqualification cannot be ordered without an opportunity of hearing, aligning with Rule 44(3); thus the court sets aside the disqualification and allows for fresh proceedings if needed. |
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