Minimol Pratheesh v. The Joint Registrar (Geneal)
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE V.CHITAMBARESH WEDNESDAY, THE 21ST DAY OF JANUARY 2015/1ST MAGHA, 1936 WP(C).No. 2204 of 2015 (A) ------------------------------------ PETITIONER:
-------------------------- MINIMOL PRATHEESH, AGED 42 YEARS W/O. PRATHEESH PANAMBUKADU, KUMBALANGI, KOCHI - 7 BY ADVS.SRI.K.R.VINOD MS.JENCY SUSAN JOSE SRI.V.SRI NATH RESPONDENTS:
---------------------------- 1.
THE JOINT REGISTRAR (GENERAL) OFFICE OF THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES, ERNAKULAM 2.
THE ASSISTANT REGISTRAR (GENERAL) OFFICE OF THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES ERNAKULAM 3.
THE SCHEDULED CASTE SERVICE CO-OPERATIVE SOCIETY LTD. NO.R-147 KUMBALANGI P.O., KOCHI - 7 REP. BY ITS SECRETARY R1 & R2 BY SPL. GOVERNMENT PLEADER SRI. D. SOMASUNDARAM THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21-01-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 2204 of 2015 (A) APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- P1 :
THE BYE-LAW OF THE 3RD RESPONDENT SOCIETY P2 :
THE NOTICE ISSUED BY THE 1ST RESPONDENT DATED 17.11.2014 P3 :
COPY OF THE ORDER OF THE 1ST RESPONDENT DATED 09.01.2015 RESPONDENT(S)' EXHIBITS:- NIL --------------------------------------- /TRUE COPY/ P.A. TO JUDGE
V. CHITAMBARESH, J --------------------------------------- W.P.(C). NO. 2204 OF 2015 ---------------------------------------- Dated this the 21st day of January, 2015
JUDGMENT
Ext. P3 order disqualifying the petitioner from being a member of the Managing Committee of the third respondent society is impugned. It is so passed on the premise that the petitioner did not attend four consecutive meetings of the Managing Committee as enjoined in the bye-laws. 2.
The petitioner has a contention that there was no due service of notice about the proposed meetings of the Managing Committee. The Special Government Pleader points out that the same is a disputed question of fact which can be thrashed out in proceedings in appeal only.
3.
Ext. P3 order is very much appealable under Section 83(1)(j) of the Kerala Co-operative Societies Act, 1969. The petitioner is also free to apply for interim reliefs in the appeal before the Government and the writ petition is hence misconceived.
W.P.(C). NO. 2204 OF 2015 2 4.
The post of the President of the third respondent society has now fallen vacant consequent on Ext. P3 order. Fresh election to the post of President shall not be conducted for a period of one month to enable the petitioner to invoke the appellate remedy if so desired.
The writ petition is disposed of. No costs.
V. CHITAMBARESH JUDGE