K.P.Thomas vs Joint Registrar Of Co Operative Societies (General), Office Of The Joint Registrar Of Co Operative Societies

Gopinath P., J

The petitioner has approached this Court being aggrieved by the fact that the elections to the Managing Committee of the 2nd respondent Bank is not being conducted and the Administrative Committee, which is in charge of the management of the 2nd respondent is not taking necessary resolutions for holding of elections despite the fact that the maximum period for which an Administrative Committee could continue in office in terms of the provisions contained in Section 33 of the Kerala Co-operative Societies Act, 1969 (‘the Act’ for short) has also expired.

The learned counsel appearing for respondents 2 and 3 would submit that since the maximum period for which the Administrative Committee could continue has already expired, the resolution for holding election can be taken only after the Government decides as to whether it should exercise its power under Section 33(1A) of the Act.

The learned Senior Government Pleader, on instructions, would submit that there is already a recommendation made by the concerned Joint Registrar that the term of the present Administrative Committee may be extended by the Government in exercise of power conferred under sub-section (1A) of Section 33(1) of the Act and the matter is under the active consideration of the Government.

Taking into consideration of the submissions made as above, I am of the view that this writ petition can be disposed of in the following manner:-

1) The Secretary to Government in the Department of Co-operation shall extend the term of the present Administrative Committee of the 2nd respondent Bank by a period of three months from 12.06.2023, consequential orders shall also be issued by the Jurisdictional Joint Registrar forthwith;

2) Immediately after the term of the Administrative Committee is extended by the Government, the Administrative Committee shall pass necessary resolutions for holding elections to the Managing Committee of the 2nd respondent Bank and shall forward the same to the Election Commission through the concerned Joint Registrar in the manner prescribed by the Rules;

3) Considering  the  fact  that  the  administration  of  the  2nd respondent Bank is now in a state of flux and considering the fact that a notification for holding the election has to be taken 60 days prior to the expiry of the term, the Secretary to Government of the Co-operation Department shall ensure that the necessary gazette notification shall be published and the consequential orders to be issued by the Joint Registrar are issued no later than 30.06.2023. Issue certified copy of this judgment urgently to both sides, for time bound compliance.