Kottukal Service Co-Op.Bank Ltd.No.T.196, Rep. By The Secretary v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE V.CHITAMBARESH TUESDAY, THE 27TH DAY OF JANUARY 2015/7TH MAGHA, 1936 WP(C).No. 30067 of 2014 (G) ---------------------------- PETITIONER(S):

----------------- KOTTUKAL SERVICE CO-OP.BANK LTD.NO.T.196, KOTTUKAL P.O., THIRUVANANTHAPURAM DISTRICT - 695 501 REPRESENTED BY ITS SECRETARY.

BY ADVS.SRI.S.P.ARAVINDAKSHAN PILLAY SMT.N.SANTHA SRI.K.A.BALAN SRI.PETER JOSE CHRISTO SRI.S.A.ANAND RESPONDENT(S)/RESPONDENTS:-:

------------------

1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT DEPARTMENT OF CO-OPERATION, SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695 001.

2. JOINT REGISTRAR (GENERAL) OF CO-OPERATIVE SOCIETIES, THIRUVANANTHAPURAM, PIN - 695 001.

3. ASSISTANT REGISTRAR (GENERAL) OF CO-OPERATIVE SOCIETIES, NEYYATTINKARA, THIRUVANANTHAPURAM DISTRICT PIN - 695 121.

Addl.4. STATE CO-OPERATIVE ELECTION COMMISSION OFFICE OF THE KERALA CO-OPERATIVE ELECTION COMMISSION CO-OPERATIVE TOWERS, PALAYAM, THIRUVANANTHAPURAM PIN - 695 001 REPRESENTED BY THE STATE CHIEF CO-OPERATIVE ELECTION COMMISSIONER.

(ADDL.R4 IMPLEADED AS PER ORDER DATED 11.12.2014 IN IA 16800/14) R BY GOVERNMENT PLEADER SRI.GIKKU JACOB.

THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 27-01-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 30067 of 2014 (G) ---------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXHIBIT P1. TRUE COPY OF THE AMENDMENTS TO THE BYLAWS PASSED BY THE GENERAL BODY OF THE BANK ALONG WITH THE FORWARDING LETTER.

EXHIBIT P2. TRUE COPY OF THE LETTER DATED 28.08.2014 OF THE 2ND RESPONDENT.

EXHIBIT P3. TRUE COPY OF THE CERTIFICATE OF REGISTRATION FORWARDED ALONG WITH EXT.P2.

EXHIBIT P3(A). TRUE COPY OF THE BYLAWS AS AMENDED AND APPROVED BY THE 2ND RESPONDENT.

EXHIBIT P4. TRUE COPY OF THE STATUTORY APPEAL DATED 20.09.2014 FILED BY THE PRESIDENT OF THE PETITIONER BANK BEFORE THE GOVERNMENT.

EXHIBIT P5. TRUE COPY OF THE REMINDER FILED BY THE PETITIONER BEFORE THE 1ST RESPONDENT.

RESPONDENT(S)' EXHIBITS : NIL.

------------------------------ //TRUE COPY// P.S. TO JUDGE.

V.CHITAMBARESH, J.

--------------------- W.P (C) No.30067 of 2014 --------------------- Dated this the 27th day of January, 2015

J U D G M E N T

Ext.P2 order allowing amendment of the byelaws in part is challenged in Ext.P4 appeal pending. The conduct of the election would obviously depend upon the outcome of Ext.P4 appeal pending with the first respondent. I direct the first respondent to consider Ext.P4 appeal with notice to the petitioner within one month. Steps to conduct the election to the managing committee of the petitioner shall be taken soon thereafter.

2. The petitioner points out that the term of the present managing committee would expire on 18.3.2015. The second respondent Joint Registrar shall explore the possibility of appointing three members of the present managing committee as Administrative Committee members. This is of course subject to the condition that no steps under Section 65 or Section 66 of the Kerala Co-operative Societies Act, 1969 have hitherto been initiated against them.

3. The present President and two other members of the present Board of Directors shall be

W.P (C) No.30067 of 2014 appointed as the Administrative Committee members if possible. Such action under Section 33 of the Kerala Co-operative Societies Act is warranted only if it is not possible to conduct the election before the expiry of the term of the present managing committee. The Writ Petition is disposed of.

Sd/- V.CHITAMBARESH, Judge.

nj.