High Court of KeralaSingle JudgeWrit petition disposed of; directs completion o...

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 / Petition Number:WP(C).No.22281 of 2019(I)

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

Section 32 of the Kerala Co-operative Societies Act (KCS Act)

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 NameCitationTreatmentExplanation
Hameed Kutty M.S & others v. Joint Registrar of Cooperative Societies (General), Ernakulam & others2018 (3) KLT 149PositiveCited 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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Extracted Judgment Text

Exact text extracted from official judgment records.

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN THURSDAY, THE 29TH DAY OF AUGUST 2019 / 7TH BHADRA, 1941** ## **WP(C).No.22281 OF 2019(I)** ## **PETITIONERS:** |**1**|**RAJEENA,**| |---|---| ||**AGED 35 YEARS**| ||**W/O.PRASOON, KATTILPARAMBATH, VENGERI,**| ||**KOZHIKODE - 673 010.**| |**2**|**SUMATHI P.,**| ||**AGED 58 YEARS**| ||**W/O.ASHRAF, RESIDING AT SUASORY, KARUVASSERY,**| ||**KOZHIKODE - 673 010.**| |**3**|**PREMALATHA K.K.,**| ||**AGED 46 YEARS**| ||**W/O.CHANDRAHASAN, KIZHAKKEKURUMBANIYIL, VENGERI,**| ||**KOZHIKODE - 673 010.**| |**4**|**BEENA P.M.,**| ||**AGED 40 YEARS**| ||**W/O.PRATHEESH KUMAR, MARAKKATTUVAYAL, VENGERI,**| ||**KOZHIKODE - 673 010.**| |**5**|**LATHA K.K.,**| ||**AGED 52 YEARS**| ||**W/O.SIVADASAN, KALLUVETTUKUZHIYIL, VENGERI,**| ||**KOZHIKODE - 673 010.**| |**6**|**NEETHU U.P.,**| ||**AGED 32 YEARS**| ||**W/O.SUBITH, THERNATTIL, VENGERI POST,**| ||**KOZHIKODE - 673 010.**| |**7**|**PRABITHA,**| ||**AGED 49 YEARS**| ||**W/O.BABU, RESIDING AT VAISHNAVAM, KIZHAKKEPALAKKUNI,**| ||**VENGERI, KOZHIKODE - 673 010.**| |**8**|**SABITHA,**| ||**AGED 46 YEARS**| ||**W/O.HARSHAN, RESIDING AT SNEHAM, METHALA VEETTIL,**| ||**ERANJIKKAL, KOZHIKODE - 673 303.**| **WP(C).No.22281 OF 2019(I)** **2** **BY ADVS. SRI.R.SUDHISH SMT.M.MANJU** ## **RESPONDENTS:** |**1**|**THE REGISTRAR, CO-OPERATIVE SOCIETIES,**| |---|---| ||**THYCAUD, THIRUVANANTHAPURAM, KERALA - 695 001.**| |**2**|**THE JOINT REGISTRAR (GENERAL),**| ||**CO-OPERATIVE SOCIETIES, KOZHIKODE - 673 006.**| |**3**|**THE ASSISTANT REGISTRAR (GENERAL),**| ||**KOZHIKODE - 673 006.**| |**4**|**CITY VANITHA CO-OPERATIVE SOCIETY,**| ||**ERANHIPALAM POST, KOZHIKODE - 673 006,**| ||**REPRESENTED BY ADMINISTRATOR.**| |**5**|**THE SECRETARY,**| ||**CITY VANITHA CO-OPERATIVE SOCIETY,**| ||**ERANHIPALAM POST, KOZHIKODE - 673 006.**| ||**SMT.C.S.SHEEJA, SR.GP**| |**THIS **|**WRIT PETITION (CIVIL) HAVING COME UP FOR**| |**ADMISSION**|**ON 29.08.2019, THE COURT ON THE SAME DAY**| |**DELIVERED**|**THE FOLLOWING:**| **WP(C).No.22281 OF 2019(I)** **3** ## **JUDGMENT** ## **Dated this the 29th day of August 2019** The petitioners say that they are the Directors of the 4[th] respondent-Society and they impugn Ext.P1 order, as per which, the Managing Committee of the said Society has been suspended under the provisions of Section 32 of the Kerala Co-operative Societies Act (hereinafter referred to as ‘KCS Act’ for short) and they assert that the said action is illegal, unlawful and vitiated by exogenous considerations. 2. According to the petitioners, the President of the Managing Committee resigned and the Vice President was acting in such capacity but that the said person and the Secretary colluded with each other in deliberately not informing the directives of the statutory Authorities to the Managing Committee, thus keeping them oblivious to it and consequently causing the Authorities to suspend them **WP(C).No.22281 OF 2019(I)** **4** under Section 32 of the KCS Act by issuing the impugned order. They, however, say that the allegations in Ext.P1 are completely untenable and therefore, that the order of suspension is unnecessary and without any purpose. 3. The learned Senior Government PleaderSmt.C.S.Sheeja, in response to the afore, submits that a reading of Ext.P1 will clearly indicate as to why the Managing Committee of the 4[th] respondent –Society has been now suspended and that the allegations are so grave that the Statutory Authorities are obligated in law to cause an investigation into it. She asserts that the Committee is require to be suspended because, if they are allowed to be in office, an effective investigation, as ordered through Ext.P1, would become impossible and even superfluous. She says that she does not intent to comment on the merits of the allegations but that an ex facie reading of the same, as is available from Ext.P1, would show how serious and grave they are, including that the various **WP(C).No.22281 OF 2019(I)** **5** decisions of the Managing Committee were being guided and dictated by certain other outside persons. She, therefore, prays that Ext.P1 be allowed to operate, but assures this Court that, as far as it is practically possible, the enquiry will be completed within a period of three months. 4. The learned counsel for the petitioner – Sri.R.Sudhish, on hearing the learned Senior Government Pleader as afore, submitted that he does not stand in the way of an enquiry being conducted into any of the allegations against his clients but that the true attempt of the Authorities appear to be to keep them under suspension for a long period of time and finally supersede them, citing one reason or the other. He, therefore, prays that the period of enquiry ordered through Ext.P1 be not allowed to be extended, even if this Court is of the view that suspension cannot be interfered at this stage. 5. I have considered the afore submissions and **WP(C).No.22281 OF 2019(I)** **6** have also examined Ext.P1 order. 6. As rightly pointed out by the learned Senior Government Pleader, there is no doubt that the allegations made against the petitioners- without meaning to say, in any manner, that they are true at this stage- are grave enough to cause an enquiry; and since it is conceded before me that the competent Authority has the power under Section 32 of the KCS Act to keep them under suspension, going by the judgment of this Court in **Hameed Kutty M.S & others v. Joint Registrar of Cooperative Societies (General), Ernakulam & others** . [2018 (3) KLT 149]. I do not deem it appropriate or prudent to intervene with Ext.P1 at this time. 7. However, as apprehended by Sri.Sudhish, the suspension cannot be allowed to continue indefinitely and the Authorities must complete the enquiry, as far as practically possible, within the period shown in Ext.P1, namely, three months. If, for any reason, this period **WP(C).No.22281 OF 2019(I)** **7** requires to be extended, then the Authority will do so only after recording the specific reasons that impell them to continue with the suspension and if not, they will complete the enquiry process within the time limit shown in Ext.P1. I, therefore, deem it apposite to close this writ petition without issuing any orders, as has been prayed for, at this stage, even though the notices issued to respondents 4 and 5 have not yet been served, since it will cause no prejudice to them of any kind. Resultantly, this writ petition will stand closed; however, directing the respondents to complete the enquiry as far as it is possible within a period of three months, as shown in Ext.P1; and to seek extension only in the event and manner afore permitted. After I dictated this judgment, Sri.R.Sudhish submitted that his clients have already preferred Exts.P2 to P4 objections against Ext.P1 and that the same may also be directed to be considered. It goes without saying **WP(C).No.22281 OF 2019(I)** **8** that these objections will be taken into account by the competent Statutory Authorities while the proceedings pursuant to Ext.P1 are completed. **Sd/-** **DEVAN RAMACHANDRAN JUDGE** PV **WP(C).No.22281 OF 2019(I)** **9** ## **APPENDIX** ## **PETITIONERS' EXHIBITS:** **EXHIBIT P1 COPY OF THE ORDER ISSUED BY THE 2ND RESPONDENT DATED 9/7/2019. EXHIBIT P2 COPY OF THE EXPLANATION/OBJECTION SUBMITTED BY THE PETITIONERS BEFORE THE 2ND RESPONDENT DATED 17/7/2019. EXHIBIT P3 COPY OF THE EXPLANATION DATED 17/7/2019 SUBMITTED BY THE PETITIONERS BEFORE THE 2ND RESPONDENT.** **EXHIBIT P4 COPY OF THE COMPLAINT SUBMITTED BY THE PETITIONERS, THE ELECTED ADMINISTRATIVE MEMBERS OF THE SOCIETY BEFORE 2ND RESPONDENT.** ## **RESPONDENTS' EXHIBITS: NIL** \\TRUE COPY// PA TO JUDGE PV