w w w . L a w y e r S e r v i c e s . i n

M.S. Jyothish, Member, The Government Secretariat Staff Housing Co-Operative Society, Thiruvananthapuram & Others v/s The Registrar of Co-Operative Societies, Office of the Registrar of Co-Operative Societies, Thiruvananthapuram

Company & Directors' Information:- S V HOUSING PRIVATE LIMITED [Active] CIN = U70109DL2006PTC150816

Company & Directors' Information:- CO-OPERATIVE COMPANY LIMITED [Active] CIN = U51226DL1910PLC299886

Company & Directors' Information:- CO-OPERATIVE COMPANY LIMITED [Active] CIN = U51226UP1910PLC000093

Company & Directors' Information:- V G P HOUSING PRIVATE LIMITED [Active] CIN = U65922TN1972PTC006240

Company & Directors' Information:- B R HOUSING PVT LTD [Active] CIN = U45203WB1995PTC073083

Company & Directors' Information:- G K S HOUSING LIMITED [Amalgamated] CIN = U45201TN1996PLC036147

Company & Directors' Information:- R. J. HOUSING PRIVATE LIMITED [Active] CIN = U45400WB2007PTC114792

Company & Directors' Information:- INDIA HOUSING LIMITED [Active] CIN = U45200PN2008PLC131883

Company & Directors' Information:- R D HOUSING PVT LTD [Active] CIN = U70101WB1996PTC081099

Company & Directors' Information:- G C HOUSING PRIVATE LIMITED [Active] CIN = U45201DL2003PTC122011

Company & Directors' Information:- J. D. HOUSING PRIVATE LIMITED [Active] CIN = U45309PN2016PTC166622

Company & Directors' Information:- A N HOUSING PRIVATE LIMITED [Strike Off] CIN = U45400UP2008PTC035479

Company & Directors' Information:- D L HOUSING PRIVATE LIMITED [Active] CIN = U45400WB2009PTC135703

Company & Directors' Information:- G M K HOUSING PRIVATE LIMITED [Active] CIN = U74899DL1995PTC069486

Company & Directors' Information:- R G HOUSING PRIVATE LIMITED [Active] CIN = U70102UP2012PTC052735

Company & Directors' Information:- B B HOUSING PRIVATE LIMITED [Strike Off] CIN = U70109WB1997PTC084775

Company & Directors' Information:- B S R HOUSING PRIVATE LIMITED [Strike Off] CIN = U70102AP2005PTC048146

Company & Directors' Information:- M. P. HOUSING PRIVATE LIMITED [Strike Off] CIN = U45200UP2007PTC033329

Company & Directors' Information:- OPERATIVE INDIA PRIVATE LIMITED [Active] CIN = U74300KA2008FTC048079

Company & Directors' Information:- S K J HOUSING PRIVATE LIMITED [Active] CIN = U63023WB1999PTC089993

Company & Directors' Information:- S V R HOUSING INDIA PRIVATE LIMITED [Strike Off] CIN = U45200AP2009PTC064511

Company & Directors' Information:- R K HOUSING PRIVATE LIMITED [Active] CIN = U74899DL1988PTC032252

Company & Directors' Information:- J HOUSING PRIVATE LTD [Active] CIN = U74899DL1980PTC010338

Company & Directors' Information:- K P A HOUSING PRIVATE LIMITED [Strike Off] CIN = U45201TN2005PTC055354

Company & Directors' Information:- V. D. P. HOUSING PRIVATE LIMITED [Active] CIN = U70102UP2012PTC054142

Company & Directors' Information:- G R E HOUSING PRIVATE LIMITED [Active] CIN = U70102AP2008PTC061004

Company & Directors' Information:- G M HOUSING PRIVATE LIMITED [Strike Off] CIN = U99999MH1994PTC076203

Company & Directors' Information:- K K HOUSING PRIVATE LIMITED [Strike Off] CIN = U45200DL2012PTC232532

Company & Directors' Information:- V R HOUSING PRIVATE LIMITED [Strike Off] CIN = U45201AP1998PTC030550

Company & Directors' Information:- A. S. HOUSING PRIVATE LIMITED [Active] CIN = U45209PB2012PTC036226

Company & Directors' Information:- S. N. HOUSING PRIVATE LIMITED [Active] CIN = U45400MH2010PTC202407

Company & Directors' Information:- P & M HOUSING PRIVATE LIMITED [Active] CIN = U70102MH2012PTC229509

Company & Directors' Information:- D. H. HOUSING PRIVATE LIMITED [Active] CIN = U70102MH2012PTC237322

Company & Directors' Information:- N K HOUSING PRIVATE LIMITED [Strike Off] CIN = U45200MH2003PTC139304

Company & Directors' Information:- C S R HOUSING PRIVATE LIMITED [Active] CIN = U45400TG2012PTC078681

Company & Directors' Information:- K-HOUSING PRIVATE LIMITED [Strike Off] CIN = U45200TN2009PTC070655

Company & Directors' Information:- L R HOUSING PRIVATE LIMITED [Active] CIN = U70100TG2013PTC089981

Company & Directors' Information:- K N S HOUSING PRIVATE LIMITED [Active] CIN = U45400DL2007PTC167504

Company & Directors' Information:- R C HOUSING PRIVATE LIMITED [Active] CIN = U74899DL1988PTC032258

Company & Directors' Information:- W B HOUSING COMPANY PRIVATE LIMITED [Strike Off] CIN = U70109DL2013PTC250413

Company & Directors' Information:- B G HOUSING PRIVATE LIMITED [Active] CIN = U70101DL2004PTC124095

Company & Directors' Information:- A K Y HOUSING PRIVATE LIMITED [Strike Off] CIN = U45400TG2007PTC056210

Company & Directors' Information:- M K Y HOUSING PRIVATE LIMITED [Strike Off] CIN = U45400TG2008PTC059752

Company & Directors' Information:- G M R HOUSING PRIVATE LIMITED [Under Process of Striking Off] CIN = U70102TG2002PTC038792

Company & Directors' Information:- THE HOUSING CORPORATION LIMITED [Dissolved] CIN = U99999MH1946PLC010719

    WP(C). No. 13462 of 2020 (G)

    Decided On, 22 December 2020

    At, High Court of Kerala


    For the Petitioners: Arun Chandran, Nisha George, Advocates. For the Respondents: R4-R5, M. Sasindran, Advocate, Mable C. Kurian, Govt. Pleader.

Judgment Text

1. Sanction granted by the Joint Registrar, to issue fresh identity cards to members on surrender of the existing identity cards, is under challenge in this writ petition.2. The 4th respondent Society is a Society of the employees of the Government Secretariat. On retirement of an employee, he loses his membership from the Society. The Managing Committee of the Society was superseded in the year 2018 and since then an Administrative Committee is in office. On 04.01.2020, the Administrative Committee resolved to issue fresh identity cards to members of the Society on they surrendering the existing identity cards. The same was necessitated since there were allegations of various forged/fabricated identity cards being issued by the former honorary Secretary. As per Ext.P4 order dated 20.03.2020, the Joint Registrar accorded sanction for the said C. R. course. The same is under challenge.3. Heard Sri.George Poonthottam, the learned Senior Counsel assisted by Sri.Arun Chandran on behalf of the petitioners, Sri.M.Sasindran and the learned Government Pleader on behalf of the respondents.4. The petitioners challenge Ext.P4 order on two grounds; firstly, the Co-operative Societies Act or Rules does not sanction such procedure of recalling the identity cards and issuing fresh identity cards; secondly, in view of the present Covid Pandemic, it would not be advisable to invite the approximately 5600 members of the Society to the office for the aforesaid purpose, since such an assembly would result in drastic consequences.5. As stated in Exhibit P4, the circumstances which compelled the Society/Administrative Committee to seek for permission for issuance of fresh identity cards are the following:-(i) There were various complaints regarding forged/fabricated identity cards having been issued by the former Secretary.(ii) Crime No.1394/2019 has been registered with respect to the forging/fabrication of identity cards and enquiry/investigation is going on.(iii) The identity card registers have been seized by the Crime Branch in connection with the investigation. Therefore, verification of the identity cards with the identity card register is not possible.(iv) In the aforementioned circumstances, it is practically difficult to conduct a fair election.(v) The Administrative Committee had been in office since 05.03.2018 and it is necessary to have elections conducted at the earliest.6. Rule 16A of the Co-operative Societies Rules provides for the issuance of identity cards to members. Sub-rules (1) and (3) of Rule 16A, which are relevant for the purposes of the present case, are extracted hereunder:-β€œ16A. Identity card:-(1) A person admitted as a member of a Society shall be issued with an identity card, in Form 6A, which shall be conclusive evidence to prove his membership in the Society. The member shall furnish two copies of his recent photograph of passport size to the Society. Copies of the photograph shall be attested by the Chief Executive of the Society or an officer specially empowered in this behalf by the Committee of the Society and one copy of the duly attested photograph shall be affixed in the identity card and the other copy shall be affixed in the Register in Form 6B maintained for the purpose. The identity card shall also bear the seal of the Society.xxxxx xxxxx xxxxx xxxxx(3) The identity card shall be issued direct to the member concerned after obtaining his acknowledgment in the Register in Form 6B and shall not be supplied to any other person on his behalf.”7. The rules stipulate the following:-(i) A member shall be issued with identity card in Form 6A.(ii) Register of identity cards is to be maintained in Form 6B.(iii) The identity card and the register is to be affixed with recent passport size photograph of the member.(iv) The photographs are to be attested by the Chief Executive of the Society.(v) The identity card is to bear the seal of the Society.(vi) The identity card is to be issued directly to members.(vii) An acknowledgment is to be obtained from the member, in the Form 6B register, while issuing the identity card.The aforesaid requirements are incorporated to ensure that there is no malpractice played in obtaining membership and issuance of identity cards. Rule 35A provides that an identity card is mandatory for exercising voting right. These provisions ensure a fair election.8. Referring to Rule 16C, the learned Senior Counsel would submit that the statute only provides for issuance of duplicate identity cards and does not envisage the procedure as now contemplated/ proposed. According to the learned Senior Counsel, there is no other provision for issuance of duplicate cards. Rule 16C, no doubt, only provides for issuance of a duplicate identity card when the card has been lost, defaced, destroyed or damaged. The said Rule cannot have any application to the case at hand. However, Section 66A gives due authority/power to the Registrar to give directions in the nature presently ordered. It would be profitable to refer to Section 66A and hence is extracted hereunder:β€œ66A. Powers of Registrar to give directions.-Subject to the provisions of the Act and the rules made thereunder the Registrar may issue general directions and guidelines to any or all of the co-operative societies in furtherance of the purposes of the Act or for implementing government policies for the benefit of the members and the general public.”The Section empowers the Registrar to give general directions for furtherance of the purposes of the Act. Conducting of fair election by the issuance of proper identity cards is only an act in furtherance of implementation of the provisions of the Cooperative Societies Act and Rules, and the Registrar has the authority to issue such directions as may be necessary for the said purpose. The challenge against Exhibit P4 on the ground of absence of power/authority with the Registrar, is thus negatived.9. As regards the contention urged with reference to the

Please Login To View The Full Judgment!

Covid pandemic, it is for the Administrative Committee to ensure that there does not occur crowding in the office. It is for them to put their heads together and give appropriate directions.10. Finally, the learned Senior Counsel raises an apprehension that, the various members inducted by the Administrative Committee while in office might be issued with identity cards. Law is too well settled that persons enrolled as members by the Administrative Committee will not have any voting rights. I have no reason to assume that the Administrative Committee in office will over look the law.For the afore reasons, the writ petition fails and is accordingly dismissed.