W.P.(C) Nos. 3713/2022, 3714/2022 and 3554/2022 – Laisamma Sasi, N.I. Benny and Prof. K.I. Antony v. Joint Registrar of Co-operative Societies (General) and Others

**IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE SATHISH NINAN** **MONDAY, THE 21[ST] DAY OF FEBRUARY 2022 / 2ND PHALGUNA, 1943** ## **WP(C) NO. 3554 OF 2022** ## **PETITIONERS:** PROF. K.I. ANTONY AGED 74 YEARS S/O. ITTIAVIRA, RESIDING AT KANAT HOUSE, THODUPUZHA, IDUKKI DISTRICT-685581. BY ADV P.GEORGE VARGHESE ## **RESPONDENTS:** 1 SHIBILI SAHIB VICE PRESIDENT, THE THODUPUZHA PRIMARY CO-OPERATIVE AGRICULTURAL & RURAL DEVELOPMENT BANK LTD. NO.4388, P.B.NO.13, THODUPUZHA P.O., IDUKKI DISTRICT-685581. 2 P.J.AVIRA, DIRECTOR, THE THODUPUZHA PRIMARY CO-OPERATIVE AGRICULTURAL & RURAL DEVELOPMENT BANK LTD. NO.4388, P.B.NO.13, THODUPUZHA P.O., IDUKKI DISTRICT-685581. 3 T.M.SALIM, DIRECTOR, THE THODUPUZHA PRIMARY CO-OPERATIVE AGRICULTURAL & RURAL DEVELOPMENT BANK LTD. NO.4388, P.B.NO.13, THODUPUZHA P.O., IDUKKI DISTRICT-685581. 4 N.I.BENNY, DIRECTOR, THE THODUPUZHA PRIMARY CO-OPERATIVE AGRICULTURAL & RURAL DEVELOPMENT BANK LTD. NO.4388, P.B.NO.13, THODUPUZHA P.O., IDUKKI DISTRICT-685581. 5 LAISAMMA SASI, DIRECTOR, THE THODUPUZHA PRIMARY CO-OPERATIVE AGRICULTURAL & RURAL DEVELOPMENT BANK LTD. NO.4388, P.B.NO.13, THODUPUZHA P.O., IDUKKI DISTRICT-685581. 6 K.M.SALIM, DIRECTOR, THE THODUPUZHA PRIMARY CO-OPERATIVE AGRICULTURAL & RURAL DEVELOPMENT BANK LTD. NO.4388, P.B.NO.13, THODUPUZHA P.O., IDUKKI DISTRICT-685581. **WP(C) NO. 3554 OF 2022 -2-** 7 P.D.PUSHPPAKUMAR, DIRECTOR, THE THODUPUZHA PRIMARY CO-OPERATIVE AGRICULTURAL & RURAL DEVELOPMENT BANK LTD. NO.4388, P.B.NO.13, THODUPUZHA P.O., IDUKKI DISTRICT-685581. 8 MARIYAMMA BENNY, DIRECTOR, THE THODUPUZHA PRIMARY CO-OPERATIVE AGRICULTURAL & RURAL DEVELOPMENT BANK LTD. NO.4388, P.B.NO.13, THODUPUZHA P.O., IDUKKI DISTRICT-685581. 9 T.M.GEORGE, DIRECTOR, THE THODUPUZHA PRIMARY CO-OPERATIVE AGRICULTURAL & RURAL DEVELOPMENT BANK LTD. NO.4388, P.B.NO.13, THODUPUZHA P.O., IDUKKI DISTRICT-685581. 10 REJI JACOB, DIRECTOR, THE THODUPUZHA PRIMARY CO-OPERATIVE AGRICULTURAL & RURAL DEVELOPMENT BANK LTD. NO.4388, P.B.NO.13, THODUPUZHA P.O., IDUKKI DISTRICT-685581. 11 LISSY JOSE, DIRECTOR, THE THODUPUZHA PRIMARY CO-OPERATIVE AGRICULTURAL & RURAL DEVELOPMENT BANK LTD. NO.4388, P.B.NO.13, THODUPUZHA P.O., IDUKKI DISTRICT-685581. 12 THE THODUPUZHA PRIMARY CO-OPERATIVE AGRICULTURAL & RURAL DEVELOPMENT BANK LTD. NO.4388, P.B.NO.13, THODUPUZHA P.O., IDUKKI DISTRICT-685581, REPRESENTED BY ITS SECRETARY. 13 ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES (G), THODUPUZHA, IDUKKI DISTRICT-685581. 14 JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (G), PAINAVU, IDUKKI DISTRICT-685603. BY ADVS. GEORGE POONTHOTTAM (SR.) P.V.BABY NISHA GEORGE BY GOVT. PLEADER SMT.K.M.RESMI THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21.02.2022, ALONG WITH WP(C).3713/2022, 3714/2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MR. JUSTICE SATHISH NINAN** ## **MONDAY, THE 21[ST] DAY OF FEBRUARY 2022 / 2ND PHALGUNA, 1943** ## **WP(C) NO. 3713 OF 2022** ## **PETITIONER:** LAISAMMA SASI AGED 51 YEARS MEMBER, BOARD OF DIRECTORS, THODUPUZHA PRIMARY CO-OPERATIVE AGRICULTURAL RURAL DEVELOPMENT BANK LTD. NO.4388, THODUPUZHA, IDUKKI DISTRICT - 685 581, RESIDING AT KUNNUMEL HOUSE, VANNAPPURAM P. O., VANNAPPURAM VILLAGE, THODUPUZHA TALUK, IDUKKI DISTRICT. BY ADVS. GEORGE POONTHOTTAM (SR.) NISHA GEORGE ARUN CHANDRAN REGINALD VALSALAN HANA KARNOLIA MADONA CYRIL ## **RESPONDENTS:** 1 THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL), PAINAVU, IDUKKI - 685603. 2 THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL) OFFICE OF THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES, THODUPUZHA, IDUKKI DISTRICT - 685581. 3 THE THODUPUZHA PRIMARY CO-OPERATIVE AGRICULTURAL RURAL DEVELOPMENT BANK LTD. NO.4388 THODUPUZHA, IDUKKI DISTRICT - 685581, REPRESENTED BY ITS SECRETARY. 4 PROF. K. I. ANTONY RESIDING AT KANATTU HOUSE, RIVER VIEW ROAD, THODUPUZHA VILLAGE, THODUPUZHA TALUK, IDUKKI DISTRICT, PIN - 685581. BY GOVT. PLEADER SMT.K.M.RESMI THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21.02.2022, ALONG WITH WP(C).3554/2022 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MR. JUSTICE SATHISH NINAN** ## **MONDAY, THE 21[ST] DAY OF FEBRUARY 2022 / 2ND PHALGUNA, 1943** ## **WP(C) NO. 3714 OF 2022** ## **PETITIONER:** N.I. BENNY AGED 59 YEARS MEMBER, BOARD OF DIRECTORS, THE THODUPUZHA PRIMARY COOPERATIVE AGRICULTURAL & RURAL DEVELOPMENT BANK LTD. NO.4388, THODUPUZHA, IDUKKI DISTRICT, PIN CODE-685581, RESIDING AT NADACKAL HOUSE, VENGALLOR P.O., THODUPUZHA VILLAGE, THODUPUZHA TALUK, IDUKKI DISTRICT. BY ADVS. GEORGE POONTHOTTAM (SR.) ARUN CHANDRAN NISHA GEORGE REGINALD VALSALAN ## **RESPONDENTS:** 1 THE JOINT REGISTRAR OF COOPERATIVE SOCIETIES (GENERAL), PAINAVU, IDUKKI-685603. 2 THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL), OFFICE OF THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES, THODUPUZHA, IDUKKI DISTRICT-685581. 3 THE THODUPUZHA PRIMARY CO-OPERATIVE AGRICULTURAL & RURAL DEVELOPMENT BANK LTD. NO.4388, THODUPUZHA, IDUKKI DISTRICT-685581, REPRESENTED BY ITS SECRETARY. 4 PROF. K.I.ANTONY, RESIDING AT KANATTU HOUSE, RIVER VIEW ROAD, THODUPUZHA VILLAGE, THODUPUZHA TALUK, IDUKKI DISTRICT, PIN CODE685581. BY GOVT. PLEADER SMT.K.M.RESMI THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21.02.2022, ALONG WITH WP(C).3554/2022 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ## **SATHISH NINAN, J.** **= = = = = = = = = = = = = = = = = = W.P.(C) No.3713, 3714 & 3554 of 2022 = = = = = = = = = = = = = = = = = = Dated this the 21[st] day of February, 2022** ## **J U D G M E N T** Proceedings for disqualification of two members of the Managing Committee of the Thodupuzha Primary Cooperative Agricultural Rural Development Bank, and proceedings for consideration of a no-confidence motion against the President of the Managing Committee are going on parallelly. Proceedings for disqualification commenced on the complaint of the President dated 27.12.2021, and the motion for disqualification is proposed by eight of the Managing Committee members on 07.01.2022. 2. The challenge against the meeting convened for consideration of the no-confidence motion is on the ground that, the requirement of fifteen days notice as mandated under Rule 43(A)(ii) of the Co-operative Societies Rules is violated. The notice is dated **W.P.(C) No.3713, 3714 & 3554 of 2022** -: 2 :- 31.01.2022 and the meeting is proposed on 05.02.2022. The challenge against the disqualification proceedings is on the merits, on the sustainability of the grounds alleged for disqualification. 3. Heard the learned senior counsel Sri.George Poonthottam on behalf of the petitioners in WP(C) Nos.3713 and 3714 of 2022, Sri.George Varghese the learned counsel for the petitioner in WP(C) No.3554 of 2022 and Smt.Reshmi K.M, the learned Government Pleader. 4. This Court has in _**K.T.Mattachan v. The Joint Registrar and Ors [2006 (2) KLT 45]**_ and _**V.A.Jose and Anr. v. The Joint Registrar of Co-operative Societies (General) and Ors. [2007 (1) KLT 391 (DB)]**_ categorically held that the period prescribed under Rule 43(A)(ii) is only directory in nature. The person who challenges has to demonstrate the prejudice caused for not having received 15 days notice. In V.A.Jose's case (supra) it was held that, when the petitioner himself is the person against whom the no-confidence motion is ## **W.P.(C) No.3713, 3714 & 3554 of 2022** -: 3 :- moved, the petitioner has no right to vote. The petitioner cannot in any manner be said to be prejudiced. Therefore, the challenge against the proposed no-confidence motion has no substance. 5. As regards the disqualification proceedings, it is open for the petitioners to raise their objections on the sustainability of the allegations before the Registrar in the hearing being afforded to them under Ext.P3 notice in the proceeding under Rule 44(3) of the Rules. There is no necessity to interfere with the said proceedings. 6. Resultantly, there is no warrant to interfere with either of the proceedings. 7. Now the question is, which among the proceedings is to commence first. As noticed first above, the complaint regarding disqualification was prior in point of time to the proposal of no-confidence, though only by ten days. If the no-confidence is considered first and **W.P.(C) No.3713, 3714 & 3554 of 2022** -: 4 :- thereafter disqualification proceedings are allowed, it would cause prejudice to the person against whom the noconfidence motion is moved. On the contrary if the disqualification proceedings is culminated first and no one is disqualified, all of them could take part in the consideration of the motion. Therefore it is proper that the disqualification proceedings be taken ahead first and followed by the consideration of the motion of noconfidence. 8. Since both the proceedings were adjourned by this Court pending the writ petition, it is ordered that the disqualification proceedings notified under Ext.P3 in W.P.(C) No.3713 of 2022, and Ext.P4 in 3714 of 2022, will stand rescheduled to 03.03.2022 at the time and place as mentioned in Exts.P3 and P4 respectively. The meeting for consideration of the no-confidence will stand re-scheduled to 07.03.2022 at the same time and place as notified in Ext.P3 notice in W.P.(C) **W.P.(C) No.3713, 3714 & 3554 of 2022** -: 5 :- No.3554/2022. Writ petitions are disposed of as above. kns/- Sd/- **SATHISH NINAN JUDGE** P.S. to Judge //True Copy// ## **APPENDIX OF WP(C) 3713/2022** PETITIONER EXHIBITS - Exhibit P1 TRUE COPY OF THE INTERIM ORDER IN WP(C) NO.260 OF 2022 DATED 10.01.2022 PASSED BY THIS HON'BLE COURT. - Exhibit P2 TRUE COPY OF THE MOTION DATED 07.01.2022 SUBMITTED BY 8 MEMBERS OF THE BOARD OF DIRECTORS TO THE 1ST RESPONDENT. Exhibit P2(a) TRUE COPY OF THE NOTICE NO.A/55/2022 DATED 31.01.2022 ISSUED BY THE 2ND RESPONDENT. Exhibit P3 TRUE COPY OF THE NOTICE NO.JRGIDK/155/2022CRB DATED 29.01.2022 ISSUED BY THE 1ST RESPONDENT. Exhibit P4 TRUE COPY OF THE CERTIFICATE NO.197/21 DATED 02.02.2022 EVIDENCING THE PAYMENT OF THE LOAN ACCOUNTS. ---- ## **APPENDIX OF WP(C) 3714/2022** PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE INTERIM ORDER IN WP(C) NO.260 OF 2022 DATED 10.1.2022 PASSED BY THIS HON'BLE COURT. - Exhibit P2 TRUE COPY OF THE MOTION DATED 7.1.2022 SUBMITTED BY 8 MEMBERS OF THE BOARD OF DIRECTORS TO THE 1ST RESPONDENT. - Exhibit P3 TRUE COPY OF THE NOTICE NO.A/55/2022 DATED 31.1.2022 ISSUED BY THE 2ND RESPONDENT. - Exhibit P4 TRUE COPY OF THE NOTICE NO.JRGIDK/155/2022CRB DATED 29.1.2022 ISSUED BY THE 1ST RESPONDENT. Exhibit P5 TRUE COPY OF THE DEPOSIT RECEIPT NO.78084 DATED 28.1.2022 ISSUED BY THE KERALA STATE CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK LTD. ----- **APPENDIX OF WP(C) 3554/2022** PETITIONER EXHIBITS Exhibit P1 Exhibit P1 A TRUE PHOTOSTAT COPY OF THE COMMON ORDER IN WP(C) NO.29873/2021 AND 260/2022 DATED 10.1.2022 OF THIS HON'BLE COURT. Exhibit P2 A TRUE PHOTOSTAT COPY OF THE NO CONFIDENCE MOTION DATED 7.1.2022 SUBMITTED BY THE RESPONDENTS 1 TO 8 TO RESPONDENT NO.13. Exhibit P3 A TRUE PHOTOSTAT COPY OF THE NOTICE DATED 31.1.2022 ISSUED BY THE 13TH RESPONDENT TO THE COMMITTEE MEMBERS OF THE BANK. -----