Rajeena and others v. Registrar, Co-operative Societies, Thycaud; Joint Registrar (General), Co-operative Societies, Kozhikode; Assistant Registrar (General), Kozhikode; City Vanitha Co-operative Society, Eranhipalam; The Secretary, City Vanitha Co-operative Society
Case Details & Bench
- Court
- High Court of Kerala
- Hon'ble Judges
- Devan Ramachandran
- Judgment Date
- 2019-08-29
- Court Decision / Holding
- The writ petition is closed; however, the court directs that the enquiry be completed within three months as per Ext.P1. If extension is required, the authorities must record specific reasons before extending. The authorities are also to consider Exts.P2–P4 objections in the course of the enquiry. The court notes that it has not summarily interfered with Ext.P1 but emphasizes timely completion of the enquiry and continues the suspension only for as long as necessary to facilitate the inquiry.
- Final Disposition
- Writ petition disposed of; directs completion of enquiry within three months; extension allowed only on specific reasons; objections to be considered in the enquiry; petition stands closed.
Parties to the Case
Appellants / Petitioners
- Rajeena
- Sumathi P.
- Premalatha K.K.
- Beena P.M.
- Latha K.K.
- Neethu U.P.
- Prabitha
- Sabitha
Respondents
- The Registrar, Co-Operative Societies, Thycaud, Thiruvananthapuram, Kerala
- The Joint Registrar (General), Co-Operative Societies, Kozhikode
- The Assistant Registrar (General), Kozhikode
- City Vanitha Co-Operative Society, Eranhipalam Post, Kozhikode
- The Secretary, City Vanitha Co-Operative Society, Eranhipalam Post, Kozhikode
Legal Representation & Advocates
Counsels for Petitioners
- • Sri. R. Sudhish
- • SMT. M. Manju
Counsels for Respondents
- • Smt. C.S. Sheeja
Case Synopsis & Summary
This writ petition (WP(C).No.22281 of 2019) challenges Ext.P1, an order suspending the Managing Committee of the City Vanitha Co-operative Society under Section 32 of the Kerala Co-operative Societies Act (KCS Act). The petitioners, who are Directors of the 4th respondent Society, contend that the suspension is illegal, lacking justification and tainted by extraneous considerations. They allege that after the President resigned, the Vice President acted in that capacity, but that the Secretary and others colluded to withhold directives from statutory authorities, culminating in the suspension. The respondents’ counsel argues that Ext.P1 reveals grave, systemic misconduct warranting an investigation, and that suspension is necessary to enable an effective inquiry without interference. The court notes that Section 32 confers power to suspend in order to facilitate enquiry, citing the court’s decision in Hameed Kutty M.S. v. Joint Registrar of Cooperative Societies (General), Ernakulam, and others, and declines to interfere with the suspension at this stage. However, it emphasizes that the suspension cannot be perpetual and directs completion of the inquiry within three months as stated in Ext.P1, with extensions only upon specific, justified reasons. The petition is closed, with a direction to consider Exts.P2–P4 objections in the enquiry process.
Provisions of Law Cited
Submissions & Arguments
Contentions of Appellants / Petitioners
The petitioners, presenting themselves as Directors of the 4th respondent society, contend Ext.P1 suspending the Managing Committee is illegal and vitiated by extraneous considerations. They allege that a cascade of misfeasance, including lack of proper notice to directing authorities and collusion between certain office-bearers, precipitated the suspension, and that a prolonged suspension would prejudice the society. They request that the Court not extend the suspension indefinitely and that the writ petition be disposed of without granting relief, while ensuring the enquiry is conducted promptly. They oppose any extension beyond the three-month period stated in Ext.P1 unless specific reasons are recorded.
Contentions of Respondents
The respondents’ counsel maintains that Ext.P1 demonstrates grave allegations against the Managing Committee, necessitating a suspension to facilitate an orderly enquiry as contemplated by the KCS Act. They argue that the Authority’s power under Section 32 is to prevent interference with the investigation and to protect the process, and that extending the suspension beyond the period in Ext.P1 would undermine the inquiry. They seek the Court’s leave to allow the enquiry within the prescribed timeframe, with extension only upon justification, and to proceed with Ext.P1 while the objections (Exhibits P2–P4) are considered.
Cited Precedents (1)
| Case Name | Citation | Treatment | Explanation |
|---|---|---|---|
| Hameed Kutty M.S & others v. Joint Registrar of Cooperative Societies (General), Ernakulam & others | 2018 (3) KLT 149 | Positive | Cited to support the proposition that Section 32 power exists to suspend to enable investigation and that the court can safeguard the enquiry process. |
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