| SooperKanoon Citation | sooperkanoon.com/729277 |
| Subject | Trusts and Societies |
| Court | Kerala High Court |
| Decided On | Oct-17-2006 |
| Case Number | W.P. (C) No. 27069 of 2000 |
| Judge | K. Thankappan, J. |
| Reported in | 2006(4)KLT807 |
| Acts | Kerala Co-operative Societies Act, 1969 - Sections 28, 32 and 33; Kerala Co-operative Societies Rules, 1969 - Rule 44A |
| Appellant | Mohanan |
| Respondent | Registrar of Co-operative Societies |
| Appellant Advocate | P.P. Jacob and N.T. Sathyavan, Advs. |
| Respondent Advocate | C.P. Sudhakara Prasad, Adv. General, A.G. Aneetha, Government Pleader and; T.R. Ramachandran Nair, Ad |
| Disposition | Petition dismissed |
K. Thankappan, J.
1. Similar issue involved in this Writ Petition, has already been considered by this Court in W.P.(C).No.27196/2006 and this Court found that as per Rule 44A the Administrator is fully justified in nominating a member of a Primary Cooperative Society as delegate to the District Co-operative Bank and nominate him as delegate to the State Co-operative Bank. The contention now raised by the petitioners is that after the amendment brought to Section 33 on 1.1.2000, on supersession of the committee of a Co-operative Society or an apex society, the Registrar shall appoint more than one administrators not exceeding three. If the amendment is taken into consideration, appointment of a single administrator to manage the day today affairs of the committee of the Society or the Bank is irregular and illegal.
2. This Court heard the learned Advocate General and the counsel for the petitioners and also the counsel for the State and District Co-operative Banks. On reading the amendment brought to Section 33 and Rule 44A, this Court is of the view that as per the proviso to Rule 44A, the Administrator is fully justified in nominating one member of a Primary Co-operative Society as the delegate to another society and the Registrar is competent to appoint one or more Administrators, but not more than three.
3. Relevant portion of Section 33 Sub-clause (b) reads as follows:
that a new committee is prevented from entering upon office or a new committee, fails to enter upon office, on the date on which the term of office of the existing committee expires, the Registrar may, either suo motu or on the application of any member of the society after (intimating) the Circle Co-operative Union, appoint: -
(i) a new committee consisting of not more than three members of the society or
(ii)(not more than three Administrators who need not be) members of the society to manage the affairs of the society (for a period not exceeding six months as may be specified in the order, which period may at the discretion of the Registrar and for reasons to be recorded in writing, be extended, from time to time, so, however, that the aggregate period shall not, in any case, exceed one year or till a new committee enters upon office, whichever is earlier).
4. Prior to the amendment commenced from 1.1.2000, the Registrar is competent to appoint 'one or more Administrator or Administrators'. But by the amendment the maximum number of Administrator is restricted to three and this does not mean that the Registrar is not right in appointing a single Administrator.
Rule 44A reads as follows:
44A. Deleate of societies in the committee to another society to be members of the committee: The person appointed to represent a society in any other society and vole shall be a member of the committee of the society which he represents:
Provided that if the affairs of the society are managed by Administrator/Administrators/Administrative Committee appointed (under Section 28 or Section 32 or Section 33) of the Act, the person orpersons so appointed shall have power to nominate any member of the society to be its delegate in the other society and such delegate shall be eligible to be elected as a member of the committee of the other society in which he sits as a delegate if he is otherwise qualified to be a delegate under the relevant rules.
5. Hence, the Registrar may appoint a single administrator or administrators not exceeding three. Appointment of a single administrator and the nomination of a member from the Primary Co-operative Society are in accordance with the Act and Rules. The question is answered accordingly.
6. The next contention of the learned Counsel appearing for the petitioners is that an administrator has already been appointed and the committee has already been superseded and it is the duty of the Registrar to take steps to conduct election of the managing committee and also to take steps to direct the Government to consider the question of nominating their nominees in the committee. To this question, this Court is of the view that the petitioners or any other members of the society or Bank may take the matter with the Registrar in accordance with the provisions of the Act and Rules to have the election at the earliest and also to take the matter with the Government to nominate their nominees in the committee.
With the above observations, this Writ Petition is dismissed.