S. Venugopal and Others vs Joint Registrar of Co-Operative Societies and Others

K. Vinod Chandran, J.—W.P. (C) 24123 of 2013 was filed by four members of the Managing Committee of the 5th respondent/Bank challenging Ext. P3 order. Ext. P3 order is an order of appointment of Administrator u/s 33 of the Kerala Co-operative Societies Act, 1969 (for brevity ''the Act'') for reason of three members having been disqualified. Though the order refers to the disqualification of petitioners 1, 2 and 4, it is not disputed that no disqualification orders have been passed against petitioners 1 and 2. However, even on the 4th petitioner being disqualified, it is the contention of the learned Special Government Pleader, (Co-operation), that Ext. P3 can be sustained because on one person being disqualified, in the context of there being four resignations from the Managing Committee; it fails to have the required quorum of five. Hence, the entire dispute turns around disqualification of the 4th petitioner. The disqualification of the 4th petitioner however, is the subject matter of an appeal before the Government. When the 4th petitioner was sought to be disqualified, she had approached this Court by W.P. (C) 21810 of 2013 wherein she was relegated to the statutory remedy of appeal provided u/s 83(1)(j) of the Act and also permitted to take appropriate interim orders against disqualification. This Court also by judgment dated 05.09.2013 in W.P. (C) 21810 of 2013 directed that there shall be an interim stay of disqualification for a period of two weeks, to facilitate the 4th petitioner to approach the appropriate authority.

In the meanwhile, Ext. P3 was passed and the petitioner had challenged the same in W.P. (C) 24123 of 2013. In the context of no interim orders having been passed in the appeal, there was also an interim stay, of the Administrator taking charge of the affairs of the Society, passed in the said writ petition. In fact since no orders were passed in the appeal, the petitioner had been before this Court with W.P. (C) 23604 of 2013. When the said writ petition was posted for admission, the learned Government Pleader submitted that the appeal was filed defective which defects had been subsequently cured. Since the appeal was pending without any orders being passed in the same, it was directed by judgment dated 03.10.2013 in W.P. (C) 23604 of 2013 to consider the interim application expeditiously and keep the disqualification against the 4th petitioner in abeyance till such consideration. Immediately thereafter, an order was passed rejecting the interim application by Ext. P7 produced in W.P. (C) 24757 of 2013 which led to the filing of the said writ petition. This Court in the said writ petition, had granted an order allowing the 4th petitioner to continue as a member of the duly constituted Managing Committee of the 5th respondent.

The above two writ petitions were posted for hearing today and it is evident that the disqualification of the 4th petitioner is the only reason for passing of Ext. P3 Order. The disqualification order is pending consideration in the appeal filed by the 4th petitioner. It is also submitted across the bar that the appeal itself is posted to 18.11.2013. In the context of the Managing Committee of the 5th respondent/Bank having only five members as of now, which satisfies the quorum, and one of them being visited with a disqualification order which is pending consideration in an appropriately instituted appeal; needless to say, the entire issues would depend upon the orders passed in the appeal. In such circumstances, it may not be proper for this Court to consider the writ petitions on merits and pass any orders thereon. Since the appeal pending before the 1st respondent/State is said to be posted on 18.11.2013, there shall be a direction to the appellate authority to consider the appeal filed before it expeditiously and pass speaking orders within a period of one month from the date of final hearing of the appeal. It is also directed that the petitioner shall co-operate with the hearing of the appeal. In the circumstances of there being no disqualification order as such at this point of time, Ext. P3 in W.P. (C) 24123 of 2013 shall be set aside. It is made clear that this Court has not made any observation with respect to the merits of the case and till final orders are passed in the appeal, the 4th petitioner shall be entitled to continue in the Managing Committee.

Writ petitions stand disposed of. No costs.