High Court of KeralaSingle JudgeDisposed of; petitions dismissed.

Thomas V. J. v Joint Registrar of Co-operative Societies (General) and Others (WP(C) Nos. 378/2024, 389/2024, 400/2024, 412/2024, 437/2024)

Case / Petition Number:WP(C) Nos.378, 389, 400, 412 & 437 of 2024

Case Details & Bench

Court
High Court of Kerala
Hon'ble Judges
  • Raja Vijayaraghavan V.
Judgment Date
2024-01-31
Court Decision / Holding
These petitions are dismissed. The court holds that there is no warrant for interfering with the notices; the Registrar’s powers under Rule 16(3) and 16(4) are available to determine eligibility, and the petitioners may present their case before the Registrar. The decision underscores that statutory provisions must be complied with, and the matter may proceed in accordance with law.
Final Disposition
Disposed of; petitions dismissed.

Parties to the Case

Appellants / Petitioners

  • THOMAS.V.J
  • NARAYANANKUTTY.K.K
  • BABYVARGHESE
  • D.P.RAJASEKHARAN
  • T.J.ABRAHAM

Respondents

  • The Joint Registrar of Co-Operative Societies (General)
  • Addl. R2 Anumodhkumar A.A.

Legal Representation & Advocates

Counsels for Petitioners

  • • P.N.MOHANAN
  • • C.P.SABARI
  • • AMRUTHASURESH
  • • GILROYROZARIO

Counsels for Respondents

  • • SMTCSSHEEJA, SR.GOVERNMENTPLEADER

Case Synopsis & Summary

The High Court of Kerala deals with five writ petitions filed by office-bearers (Chairman, Vice-Chairman and Members of the Managing Committee) of the Sulthan Bathery Co-operative Urban Bank. The petitioners challenge notices issued by the Joint Registrar calling them to show cause why they should not be declared ineligible for membership for acquiring dual membership in other co-operatives, under Rule 27(1) of the Kerala Co-operative Societies Rules, read with bye-law Clause 9(iv) and related provisions. The notices also invoke Rule 16(3) and (4) of the Rules, enabling action for removal and cessation of membership. The petitioners contended that the Joint Registrar lacks jurisdiction to expel members and that removal for dual membership should follow due process, ideally through Section 69 election petitions; they relied on authorities such as Johny KT v Joint Registrar and others to argue jurisdictional limits. The respondents argued that dual membership violates bye-laws and the Rules; that the Registrar has jurisdiction to require an explanation and to declare cessation of membership with due process. The Court, after considering statutory provisions, precedents, and the pleadings, declined to interfere with the impugned notices, holding that the Registrar can proceed under Rule 16(3)/(4) and that the petitioners may present their case before the Registrar. The petitions were dismissed, leaving the Registrar’s course of action intact while preserving due procedure for respondents to be heard.

Provisions of Law Cited

Kerala Co-operative Societies ActKerala Co-operative Societies RulesRule 16(1)(c)Rule 16(2)Rule 16(3)Rule 16(4)Rule 27(1)Rule 27(2)Clause 9(iv)Clause 9(b)(i)Section 69 of the Act

Submissions & Arguments

Contentions of Appellants / Petitioners

The applicants’ counsel contends Ext.P2 notices are without jurisdiction; the Joint Registrar cannot expel members under Rule 27(1), as expulsion is to be effected by the Society or via proper election petitions under Section 69 of the Act. They argue that dual membership must be addressed through due process, not arbitrary notices; reliance is placed on Johny K.T v. Joint Registrar (2019) to challenge Registrar’s authority. They further challenge that by the time notices were issued, some petitioners had lost or terminated memberships, and that Rule 16(2)/(3) require ongoing eligibility; election petitions under Section 69 should govern any removal. They submit that the Registrar’s action is likely to destabilize elected office-bearers and violates statutory sequencing; the petitioners request quashing of the notices and protection of their offices pending proper due process.

Contentions of Respondents

The respondents’ counsel submits that the petitioners acquired dual membership in violation of bye-laws Clause 9(iv) and Rule 16(1)/(4). The Joint Registrar has jurisdiction to call upon members to show cause and to declare cessation of membership under Rule 16(4) after due hearing. They contend Rule 27(1) contemplates removal for ineligibility, and the Registrar’s order is within statutory power, not an improper exercise of jurisdiction. They rely on the statutory framework that prohibits dual membership and on previous cases that emphasize compliance with the Act, Rules and Bye-laws. The government pleader argues that Section 69 election petitions are a separate remedy, but does not divest the Registrar of authority to act under Rule 16 to ensure membership compliance and to proceed with due process.

Cited Precedents (7)

Case NameCitationTreatmentExplanation
Johny K.T v. Joint Registrar of Co-operative Societies2019 (3) KLT 718DistinguishedThe court referenced Johny KT to argue lack of jurisdiction for expulsion in some contexts but ultimately did not adopt its view, distinguishing it in light of the present Rules and procedure.
J. Jayalalitha and Others v State of Karnataka and Others(2014) 2 SCC 401Mentioned OnlyCited to illustrate a general principle that statutory requirements must be followed as mandated, but not a direct rule governing Registrar’s authority in these facts.
Porinju v. Joint Registrar of Co-operative Societies2009 (4) KLT 105Mentioned OnlyReferenced for the proposition that eligibility must be current and ongoing at the time of action, but not treated as controlling the Registrar’s power here.
Kunhiraman Nair v Joint Registrar2002 (2) KLT 113PositiveCited to support the view that dual membership at or before admission results in ineligibility and possible removal under Rule 16.
Kaipadam Property Development Company Pvt Ltd v State of KeralaILR 2011 (1) Kerala 434Mentioned OnlyMentioned in argument as a precedent; not adopted as controlling in the present judgement.
Balakrishna Menon and Others2007 (3) ILR 483Mentioned OnlyReferenced in the course of argument; not binding authority in the judgment.
Subhash V. Joint Registrar2010 (1) KHC 291Mentioned OnlyExhibited as precedent; not given a decisive authority in the ruling.

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## **`IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V WEDNESDAY, THE 31[ST] DAY OF JANUARY 2024 / 11TH MAGHA, 1945 WP(C) NO. 378 OF 2024`** ``` PETITIONER: ``` ``` THOMAS.V.J, AGED63YEARS S/OJOSEPH,VICECHAIRMAN,SULTHANBATHERY, CO-OPERATIVEURBANBANKD.2034,SULTHANBATHERY, WAYANAD,RESIDINGATVALLAPRAYILHOUSE,PUTHENKUNNU - P.O,SULTHANBATHERY,WAYANAD,PIN673592 ``` ``` BYADVS. P.N.MOHANAN C.P.SABARI AMRUTHASURESH GILROYROZARIO ``` ## **`RESPONDENTS:`** ``` 1THEJOINTREGISTRAROFCO-OPERATIVESOCIETIES (GENERAL),OFFICEOFTHEJOINTREGISTRAROF CO-OPERATIVESOCIETIES,KALPATTANORTH,WAYANAD, - PIN673121 2ADDL.R2 ANUMODHKUMAR.A.A, AGED39YEARS,S/OAYYAPPANNAIRRESIDINGATAYKARA VEEDU,THOVARIMALAP.O,SULTHANBATHERY,WAYANAD [ADDL.R2ISIMPLEADEDASPERORDERDATED25.01.2024 INI.A-1/2024INWP(C)378/2024] BYADVM.A.ASIF ``` ``` SMTCSSHEEJA,SR.GOVERNMENTPLEADER THISWRITPETITION(CIVIL)HAVINGCOMEUPFORADMISSION ON31.01.2024,ALONGWITHWP(C).389/2024,400/2024AND CONNECTEDCASES,THECOURTONTHESAMEDAYDELIVEREDTHE FOLLOWING: ``` W.P.(C) Nos.378, 389, 400, 412 & 437 of 2024 2 ## **`IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V WEDNESDAY, THE 31[ST] DAY OF JANUARY 2024 / 11TH MAGHA, 1945 WP(C) NO. 389 OF 2024`** ## **`PETITIONER:`** ``` NARAYANANKUTTY.K.K AGED67YEARS S/OKUMARAN.K.K,MANAGINGCOMMITTEEMEMBER, SULTHANBATHERYCO-OPERATIVEURBANBANKD.2034, SULTHANBATHERY,WAYANAD,RESIDINGATKATTUKUDIYIL - HOUSE,POOTHADIP.O,KENICHIRA,WAYANAD,PIN673592 ``` ``` BYADVS. P.N.MOHANAN C.P.SABARI AMRUTHASURESH GILROYROZARIO ``` ## **`RESPONDENTS:`** ``` 1THEJOINTREGISTRAROFCO-OPERATIVESOCIETIES (GENERAL) OFFICEOFTHEJOINTREGISTRAROFCO-OPERATIVE - SOCIETIES,KALPATTANORTH,WAYANADU,PIN673121 2ADDL.R2.ANUMODHKUMAR.A.A AGED39YEARS,S/OAYYAPPANNAIR,RESIDINGATAYKARA VEEDU,THOVARIMALAP.O,SULTHANBATHERY,WAYANAD [ADDL.R2IMPLEADEDASPERORDERDATED25.01.2024IN I.A.1/2024INWP(C)389/2024]. BYADVM.A.ASIF ``` ``` SMTCSSHEEJA,SR.GOVERNMENTPLEADER ``` ``` THISWRITPETITION(CIVIL)HAVINGCOMEUPFORADMISSION ON31.01.2024,ALONGWITHWP(C).378/2024ANDCONNECTEDCASES, THECOURTONTHESAMEDAYDELIVEREDTHEFOLLOWING: ``` W.P.(C) Nos.378, 389, 400, 412 & 437 of 2024 3 ## **`IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V WEDNESDAY, THE 31[ST] DAY OF JANUARY 2024 / 11TH MAGHA, 1945 WP(C) NO. 400 OF 2024`** ## **`PETITIONER:`** ``` BABYVARGHESE AGED54YEARS S/OVARGHESE,MANAGINGCOMMITTEEMEMBER,SULTHAN BATHERYCO-OPERATIVEURBANBANKD.2034,SULTHAN BATHERY,WAYANADRESIDINGATPULAKKUDYHOUSE(NOT PULIKKUDI),CHEERAMKUNNU,KARACHALP.O,54MILE, - MEENANGADI,WAYANAD,PIN673592 ``` ``` BYADVS. P.N.MOHANAN C.P.SABARI AMRUTHASURESH GILROYROZARIO ``` ## **`RESPONDENTS:`** ``` 1THEJOINTREGISTRAROFCO-OPERATIVESOCIETIES (GENERAL),OFFICEOFTHEJOINTREGISTRAROF CO-OPERATIVESOCIETIES,KALPATTANORTH,WAYANAD., - PIN673121 2ADDL.R2.ANUMODHKUMAR.A.A AGED39YEARS,S/OAYYAPPANNAIR,RESIDINGATAYKARA VEEDU,THOVARIMALAP.O,SULTHANBATHERY,WAYANAD[IS IMPLEADEDASADDITIONALR2ASPERORDERDATED 25.01.2024INI.A.1/2024INWP(C)400/2024]. BYADVM.A.ASIF ``` ``` SMTCSSHEEJA,SR.GOVERNMENTPLEADER ``` ``` THISWRITPETITION(CIVIL)HAVINGCOMEUPFORADMISSION ON31.01.2024,ALONGWITHWP(C).378/2024ANDCONNECTEDCASES, THECOURTONTHESAMEDAYDELIVEREDTHEFOLLOWING: ``` W.P.(C) Nos.378, 389, 400, 412 & 437 of 2024 4 ``` INTHEHIGHCOURTOFKERALAATERNAKULAM PRESENT THEHONOURABLEMR.JUSTICERAJAVIJAYARAGHAVANV WEDNESDAY,THE31[ST]DAYOFJANUARY2024/11THMAGHA,1945 WP(C)NO.412OF2024 ``` ## **`PETITIONER:`** ``` D.P.RAJASEKHARAN AGED58YEARS S/OP.K.PARAMESWARAN,CHAIRMAN,SULTHANBATHERY CO-OPERATIVEURBANBANKD.2034,SULTHANBATHERY, WAYANAD,RESIDINGATDAIVATHINVEEDU,VAKERIP.O, - SULTHANBATHERY,WAYANAD,PIN673592 ``` ``` BYADVS. P.N.MOHANAN C.P.SABARI AMRUTHASURESH GILROYROZARIO ``` ## **`RESPONDENTS:`** ``` 1THEJOINTREGISTRAROFCO-OPERATIVESOCIETIES (GENERAL),OFFICEOFTHEJOINTREGISTRAROF CO-OPERATIVESOCIETIES,KALPATTANORTH,WAYANAD, - PIN673121 2ADDLR2:ANUMODHKUMAR.A.A AGED39YEARS S/OAYYAPPANNAIR,RESIDINGATAYKARAVEEDU, THOVARIMALAP.O,SULTHANBATHERY,WAYANAD. (ADDLR2ISIMPLEADEDASPERORDERDATED25-01-2024IN IA1/2024INWP(C)412/2024) BYADVM.A.ASIF ``` ``` SMTCSSHEEJA,SR.GOVERNMENTPLEADER ``` ``` THISWRITPETITION(CIVIL)HAVINGCOMEUPFORADMISSION ON31.01.2024,ALONGWITHWP(C).378/2024ANDCONNECTEDCASES, THECOURTONTHESAMEDAYDELIVEREDTHEFOLLOWING: ``` W.P.(C) Nos.378, 389, 400, 412 & 437 of 2024 5 ## **`IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V WEDNESDAY, THE 31[ST] DAY OF JANUARY 2024 / 11TH MAGHA, 1945 WP(C) NO. 437 OF 2024`** ## **`PETITIONER:`** ``` T.J.ABRAHAM AGED61YEARS S/OJACOB,MANAGINGCOMMITTEEMEMBER,SULTHANBATHERY CO-OPERATIVEURBANBANKD.2034,SULTHANBATHERY, WAYANAD,RESIDINGATTHELAKKADHOUSE,SULTHANBATHERY, - WAYANAD,PIN673592 ``` ``` BYADVS. P.N.MOHANAN C.P.SABARI AMRUTHASURESH GILROYROZARIO ``` ## **`RESPONDENTS:`** ``` 1THEJOINTREGISTRAROFCO-OPERATIVESOCIETIES (GENERAL) OFFICEOFTHEJOINTREGISTRAROFCO-OPERATIVE - SOCIETIES,KALPATTANORTH,WAYANADU,PIN673121 2ADDLR2:ANUMODHKUMARA.A. AGED39YEARS,S/OAYYAPPANNAIRRESIDINGATAYKARA VEEDU,THOVARIMALAP.O,SULTHANBATHERY,WAYANAD. (*ADDITIONALR2ISIMPLEADEDASPERORDERDATED 25.01.2024INI.A.1/24INWP(C)437/2024) BYADVM.A.ASIF ``` ``` SMTCSSHEEJA,SR.GOVERNMENTPLEADER ``` ``` THISWRITPETITION(CIVIL)HAVINGCOMEUPFORADMISSION ON31.01.2024,ALONGWITHWP(C).378/2024ANDCONNECTEDCASES, THECOURTONTHESAMEDAYDELIVEREDTHEFOLLOWING: ``` W.P.(C) Nos.378, 389, 400, 412 & 437 of 2024 6 ## **JUDGMENT** The petitioners herein are the Chairman, Vice Chairman, and Managing Committee members of the Sulthan Bathery Co-operative Urban Bank (referred to as Urban Bank for the sake of brevity). The aforesaid Society is governed by the provisions of the Kerala Co-operative Societies Act and the Rules framed thereunder. They have approached this Court impugning Exts.P2 and P3 notices issued by the Joint Registrar calling upon them to appear before the said authority to show cause why they shall not be removed from the membership of the society for acquiring dual membership and thus incurring ineligibility under Rule 27(1) of the Co-operative Societies Rules. 2. As identical issues are raised in all these writ petitions, all these petitioners are taken up and disposed of by a common judgment. Reference to parties and Exhibits shall be as referred to in W.P.(C)No. 437 of 2024 unless otherwise stated. 3. The petitioner, in Writ Petition (Civil) No. 412 of 2024, is reported to have secured membership in the Urban Bank on 15.3.1995. At the time of obtaining this membership, the petitioner was already a member of the Sulthan Bathery Service Co-operative Bank, a membership that was acquired W.P.(C) Nos.378, 389, 400, 412 & 437 of 2024 7 on 15.10.2012. Additionally, the petitioner had previously become a member of the Sulthan Bathery Primary Co-operative Agricultural & Rural Development Bank on 10.2.1993. 4. The petitioner, in Writ Petition (Civil) No. 378 of 2024, is reported to have secured membership in the Urban Bank on 21.2.2018. At the time of obtaining this membership, the petitioner was already a member of the Sulthan Bathery Service Co-operative Bank, a membership that was acquired on 19.4.1996. Additionally, the petitioner had previously become a member of the Sulthan Bathery Primary Co-operative Agricultural & Rural Development Bank on 11.05.2012. 5. The petitioner, in Writ Petition (Civil) No. 389 of 2024, is reported to have secured membership in the Urban Bank on 16.4.2007. At the time of obtaining this membership, the petitioner was already a member of the Poothadi Service Co-operative Bank, a membership that was acquired on 28.7.1984. 6. The petitioner, in Writ Petition (Civil) No. 400 of 2024, is reported to have secured membership in the Urban Bank on 1.2.2014. At the time of obtaining this membership, the petitioner was already a member of the Sulthan Bathery Primary Co-operative Agricultural & Rural Development Bank, W.P.(C) Nos.378, 389, 400, 412 & 437 of 2024 8 a membership that was acquired on 16.05.2012. 7. The petitioner, in Writ Petition (Civil) No. 437 of 2024, is reported to have secured membership in the Urban Bank on 7.1.2021. At the time of obtaining this membership, the petitioner was already a member of the Sulthan Bathery Service Co-operative Bank, a membership that was acquired on 15.06.1982. Additionally, the petitioner had previously become a member of the Sulthan Bathery Housing Co-operative Society on 30.6.1992. 8. In the respective notices issued to the petitioners, they have been asked to show cause why they shall not be rendered ineligible under clause 9(iv), 9(b)(1) of the bye-laws of the Bank as well as under Rule 27(1) of the Kerala Co-operative Societies Rules and why they shall not be proceeded against under Rule 16(3) and 16(4) of the Rules. 9. The above notices are under challenge in these proceedings. 10. Sri. P.N Mohanan, the learned counsel appearing for the petitioners, raised the following contentions to persuade this Court to quash the impugned notices. a. Ext.P2 notice issued by the Registrar has to be invalidated for lack of jurisdiction. He relies on the observations in **Johny KT** **and Others v. Joint Registrar of Co-operative Societies** W.P.(C) Nos.378, 389, 400, 412 & 437 of 2024 9 **and Others** [2019 (3) KLT 718] and asserts that the Joint Registrar does not possess the authority to expel members based on the acquisition of dual membership as outlined in Rule 27(1) of the Kerala Co-operative Societies Rules. According to Rule 27(2) of the KCS Rules, the Joint Registrar can only request the Society to consider the expulsion of members and not order it directly. b. The counsel highlights that Ext.P2 notice accuses the petitioners of providing false information during their nomination process for the election. Given that the petitioners were elected to positions of Chairman, Vice Chairman, and Managing Committee members on 9.9.2013 by a significant majority, the counsel argues that if the allegation revolves around false statements during nomination, the appropriate recourse is through an election petition as specified under Section 69 of the Act. The counsel insists that statutory processes must be followed as prescribed, suggesting that the notice aims to remove them from their elected positions improperly. Relying on the observations from paragraph 34 of **J. Jayalalitha and Others v State of** W.P.(C) Nos.378, 389, 400, 412 & 437 of 2024 10 **Karnataka and Others** [(2014) 2 SCC 401], it is submitted that when the Statute requires certain things to be done in a certain way, it has to be done in that way and not contrary to it at all. c. Reference is made to Ext.P1 in these cases, where it is argued that by the time Ext.P2 notices were issued, the petitioners had either terminated their memberships or had lost them. Referring to the observations in **Porinju vs. Joint Registrar of Co-operative Societies** [2009 (4) KLT 105], the counsel submits that for ineligibility to warrant action for removal, it must be current and ongoing at the time the notice is issued by the Registrar. d. The counsel notes that prior to issuing Ext.P2, the Joint Registrar had sought a report from the Assistant Registrar, which indicated that the petitioners were members of the urban society only, thereby providing sufficient grounds for their eligibility. e. The learned counsel further relies on the observations of the Division Bench judgment in **FACT Service Co-operative Societies Ltd vs. Balakrishna Menon and Others** [2007 (3) ILR 483], and it is argued that disputes meant to be resolved W.P.(C) Nos.378, 389, 400, 412 & 437 of 2024 11 under Section 69 of the Act, cannot be a basis for the exercise of jurisdiction under any other provisions of the Act. This is presented in the context of attempts to destabilize the petitioners who have been successful in elections multiple times. f. Lastly, drawing upon the observations in **Kaipadam Property Development Company Pvt Ltd v. State of Kerala** (ILR 2011 (1) Kerala 434), the counsel asserts that the Registrar had no jurisdiction to issue the notices in question. 11. In her response, Smt C.S. Sheeja, the learned Senior Government Pleader, pointed out that the rights and liabilities of members within Co-operative Societies are comprehensively detailed in Chapter III of the Co-operative Societies Rules. She argued that according to the bye-laws of the Society, which have been placed before this Court by the petitioners, individuals seeking membership in Urban Bank must not concurrently be a member of any other Primary Co-operative Bank or Co-operative Credit Society. This condition is specifically underscored in Clause 9(iv) of the bye-laws, which states that eligibility for membership is reserved exclusively for those who are not members of any Primary Co-operative Bank or Co-operative Credit Society. Further, she referred to Rule 16 of the Rules and W.P.(C) Nos.378, 389, 400, 412 & 437 of 2024 12 submitted that dual membership—at the time of admission to the Society or through subsequent acquisition—renders a person ineligible for membership. Given the uncontested fact that the petitioner held another membership at the time of his admission to the Society, he would, therefore, forfeit the benefit due to a breach of this rule. This ineligibility extends to all petitioners, as each was a member of either a primary co-operative bank or a co-operative credit society bank upon their admission to Urban Bank. She also made reference to Rule 16(4) of the Rules, asserting that should a member of a society become ineligible, the Registrar has the authority to declare, through a written order, the cessation of their membership as of the date of his order. This procedure mandates that the individual in question must be given an opportunity to object to the proposed action and, if they wish to be heard, an opportunity to present their case before the final order is issued. The learned Government Pleader further highlighted Rule 16(1)(c), which mandates that no person shall be admitted as a member of a society without fulfilling all conditions laid down in the Act, Rules, and Bye-laws. In the matter at hand, it is clear that the provisions of the bye-laws were expressly violated. Lastly, she referred to a judgment by the Division Bench of this Court in W.A No.1121 of 2020, wherein it was concluded that even in instances of W.P.(C) Nos.378, 389, 400, 412 & 437 of 2024 13 non-compliance with Rule 16(1) of the Co-operative Societies Rules, the powers under Section 16(3) could be invoked in appropriate circumstances. It is submitted that the petitioners have been issued with a notice under Section 16(4) of the Rules, and they are bound to appear and place the materials so that appropriate decisions can be taken. 12. I have considered the submissions advanced and have gone through the records. 13. A perusal of Ext.P2 notice issued by the Joint Registrar would disclose that information was received by the said authority that the petitioners herein have acquired ineligibility under Rule 27(1) of the Co-operative Societies Rules. A perusal of the notice would disclose that the petitioners have been asked to appear and show cause why action shall not be taken under Rule 16(3) and (4) for the reasons stated therein. ## The relevant provisions of Rule 16, read as under: 16. `Conditions to be complied with for admission for membership. - (1) No person shall be admitted as a member of a society unless xxx - (c) he has fulfilled all other conditions laid down in the Act, Rules and Bye-laws; W.P.(C) Nos.378, 389, 400, 412 & 437 of 2024 14 ## xxxx - (2) No person shall be eligible for admission as a member of a Society, if he,- ## xxx xxxx xxx - (3) Where a person already admitted to membership is seen to have been ineligible for membership at the time he was so admitted as a member or if subsequently becomes ineligible for membership the Committee of the Society may remove the person from membership after giving him an opportunity for making his representation if any, and the person concerned shall thereupon cease to be member of the society. - (4) Where a member of a society becomes ineligible to continue as such the Registrar may of his own motion or on a representation made to him by member of the society or by the financing Bank, by an order in writing declare that he has ceased to be a member of the society from the date of his order. The Registrar shall give such person an opportunity to state his objection, if any, to proposed action and if the person wishes to be heard, he shall be given an opportunity to be heard before passing an order as aforesaid. ## 14. A reading of the above Rule would show that the statutory W.P.(C) Nos.378, 389, 400, 412 & 437 of 2024 15 provision is crystal clear that a person becomes ineligible for both reasons of dual membership either at the time of admission in the Society or subsequent acquisition of membership in the Society. So long as there is no dispute on the factual position that a member had another membership at the time of his admission in the Society referred to in the Original Petition, the member loses defence since the mandate in the Rule is "where a person already admitted to membership is seen to have been ineligible for membership at the time he was so admitted as a member or if he subsequently becomes ineligible for membership, the Committee of the Society may remove the person from membership after giving him an opportunity for making his representation if any, and the person concerned shall thereupon cease to be a member of the society. (see **Kunhiraman Nair v Joint Registrar** [2002 (2) KLT 113]). 15. By the impugned notices, the petitioners have only been asked to show cause as to why the Registrar shall not proceed under Section 16(4). It would be open to the petitioners to appear before the Registrar and raise their contentions. The contention of the petitioners relying on Rule 27(2) would have no application as the Registrar has not taken any action to remove the petitioners. I am also not impressed with the argument of the W.P.(C) Nos.378, 389, 400, 412 & 437 of 2024 16 petitioners that the Registrar will have no jurisdiction to issue the notice. It would not be proper for this Court to delve on the contentions raised by the petitioners any further lest it may prejudice them in the proceedings before the Registrar. The petitioners may appear and raise their contentions, and the registrar concerned shall consider all the facts and take a decision as per procedure and in accordance with law. No interference is warranted. These petitions are dismissed. Sd/- **RAJA VIJAYARAGHAVAN V, JUDGE** IAP W.P.(C) Nos.378, 389, 400, 412 & 437 of 2024 17 ## **`APPENDIX OF WP(C) 389/2024`** |`PETITIONER’S `|`EXHIBITS:`| |---|---| |`Exhibit P1`|`A TRUE COPY OF THE RELEVANT PORTION OF THE`| ||`REPORT DATED 30.11.2023 OF THE ASSISTANT`| ||`REGISTRAR`| |`Exhibit P2`|`A TRUE COPY OF THE NOTICE DATED 11.12.2023`| ||`OF THE JOINT REGISTRAR`| |`Exhibit P3`|`A TRUE COPY OF THE NOTICE DATED 28.12.2023`| ||`OF THE JOINT REGISTRAR FOR HEARING ON`| ||`05.01.2024`| |`Exhibit P4`|`RELEVANT PAGE OF THE CLAUSE 9 (IV) AND 9B`| ||`(I) OF MEMBERSHIP`| |`Exhibit P5`|`TRUE COPY OF THE JUDGMENT OF JOHNY K.T V.`| ||`JOINT REGISTRAR REPORTED IN 2019 (4) KHC`| ||`238`| |`Exhibit P6`|`TRUE COPY OF THE JUDGMENT OF SUBHASH V.`| ||`JOINT REGISTRAR REPORTED IN 2010 (1) KHC`| ||`291`| W.P.(C) Nos.378, 389, 400, 412 & 437 of 2024 18 ## **`APPENDIX OF WP(C) 400/2024`** ||**`APPENDIX OF WP(C) 400/2024`**| |---|---| |`PETITIONER’S `|`EXHIBITS:`| |`Exhibit P1`|`TRUE COPY OF THE RELEVANT PORTION OF THE`| ||`REPORT DATED 30.11.2023 OF THE ASSISTANT`| ||`REGISTRAR`| |`Exhibit P2`|`TRUE COPY OF THE NOTICE NIL DATE ISSUED BY`| ||`THE PART-TIME ADMINISTRATOR`| |`Exhibit P3`|`TRUE COPY OF THE NOTICE DATED 11.12.2023 OF`| ||`THE JOINT REGISTRAR`| |`Exhibit P4`|`TRUE COPY OF THE NOTICE DATED 28.12.2023 OF`| ||`THE JOINT REGISTRAR FOR HEARING ON`| ||`05.01.2024`| |`Exhibit P5`|`RELEVANT PAGE OF THE CLAUSE 9 (IV) AND 9B`| ||`(I) OF MEMBERSHIP`| |`Exhibit P6`|`TRUE COPY OF THE JUDGMENT OF JOHNY K.T V.`| ||`JOINT REGISTRAR REPORTED IN 2019 (4) KHC`| ||`238`| |`Exhibit P7`|`TRUE COPY OF THE JUDGMENT OF SUBHASH V.`| ||`JOINT REGISTRAR REPORTED IN 2010(1) KHC 291`| W.P.(C) Nos.378, 389, 400, 412 & 437 of 2024 19 ## **`APPENDIX OF WP(C) 412/2024`** ||**`APPENDIX OF WP(C) 412/2024`**| |---|---| |`PETITIONER’S `|`EXHIBITS:`| |`Exhibit P1`|`TRUE COPY OF THE RELEVANT PORTION OF THE`| ||`REPORT DATED 30.11.2023 OF THE ASSISTANT`| ||`REGISTRAR`| |`Exhibit P2`|`TRUE COPY OF THE NOTICE DATED 11.12.2023 OF`| ||`THE JOINT REGISTRAR`| |`Exhibit P3`|`TRUE COPY OF THE NOTICE DATED 28.12.2023 OF`| ||`THE JOINT REGISTRAR FOR HEARING ON`| ||`05.01.2024`| |`Exhibit P4`|`RELEVANT PAGE OF THE CLAUSE 9 (IV) AND 9B`| ||`(I) OF MEMBERSHIP`| |`Exhibit P5`|`TRUE COPY OF THE JUDGMENT OF JOHNY K.T V.`| ||`JOINT REGISTRAR REPORTED IN 2019 (4) KHC`| ||`238`| |`Exhibit P6`|`TRUE COPY OF THE JUDGMENT OF SUBHASH V.`| ||`JOINT REGISTRAR REPORTED IN 2010 (1) KHC`| ||`291`| W.P.(C) Nos.378, 389, 400, 412 & 437 of 2024 20 ## **`APPENDIX OF WP(C) 437/2024`** ``` PETITIONER’SEXHIBITS: ``` ``` ExhibitP1ATRUECOPYOFTHERELEVANTPORTIONOFTHE REPORTDATED30.11.2023OFTHEASSISTANT REGISTRAR ExhibitP2ATRUECOPYOFTHENOTICEDATED11.12.2023 OFTHEJOINTREGISTRAR ExhibitP3ATRUECOPYOFTHENOTICEDATED28.12.2023 OFTHEJOINTREGISTRARFORHEARINGON 05.01.2024 ExhibitP4THERELEVANTCLAUSE9(IV)AND9B(I)OF MEMBERSHIP ExhibitP5ATRUECOPYOFTHEJUDGMENTOFJOHNYK.TV. JOINTREGISTRARREPORTEDIN2019(4)KHC 238 ExhibitP6ATRUECOPYOFTHEJUDGMENTOFSUBHASHV. JOINTREGISTRARREPORTEDIN2010(1)KHC 291 ``` W.P.(C) Nos.378, 389, 400, 412 & 437 of 2024 21 ## **`APPENDIX OF WP(C) 378/2024`** ||**`APPENDIX OF WP(C) 378/2024`**| |---|---| |`PETITIONER’S `|`EXHIBITS:`| |`Exhibit P1`|`TRUE COPY OF THE RELEVANT PORTION OF THE`| ||`REPORT DATED 30.11.2023 OF THE ASSISTANT`| ||`REGISTRAR`| |`Exhibit P2`|`TRUE COPY OF THE NOTICE DATED 11.12.2023 OF`| ||`THE JOINT REGISTRAR`| |`Exhibit P3`|`TRUE COPY OF THE NOTICE DATED 28.12.2023 OF`| ||`THE JOINT REGISTRAR FOR HEARING ON`| ||`05.01.2024`| |`Exhibit P4`|`RELEVANT PAGE OF THE CLAUSE 9 (IV) AND 9B`| ||`(I) OF MEMBERSHIP`| |`Exhibit P5`|`TRUE COPY OF THE JUDGMENT OF JOHNY K.T V.`| ||`JOINT REGISTRAR REPORTED IN 2019 (4) KHC`| ||`238`| |`Exhibit P6`|`TRUE COPY OF THE JUDGMENT OF SUBHASH V.`| ||`JOINT REGISTRAR REPORTED IN 2010 (1) KHC`| ||`291`|