Full Judgment Text
NON-REPORTABLE
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NOS.11790-11794 OF 2016
[ARISING FROM SPECIAL LEAVE PETITION (C) NOS.33370-33374/20166]
JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES,
(GENERAL) AND ETC. ETC. APPELLANT(S)
VERSUS
CHERIAN EAPEN AND ORS. ETC. ETC. RESPONDENT(S)
WITH
C.A. NOS.11795-11799 @ SLP(C) NOS. 34636-34640/2016
J U D G M E N T
KURIAN, J.
1. Leave granted.
2. The appellants are before this Court aggrieved by
the interim order dated 1.11.2016 passed in Writ
Petition Nos.33414 of 2016 and other connected
matters. By way of the said order, the Division
Bench of the High Court permitted the elections,
scheduled to be held on 5.11.2016, to go on. It was
also made clear that the elections conducted to the
Managing Committee would be provisional and subject
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to the result of the writ petitions and also
invocation of Section 69 of the Kerala Co-operative
Societies Act.
3. When the special leave petition came up before
this Court on 11.11.2016, the following order was
passed:-
“Permission to file the SLPs is granted.
Heard the learned counsel for the
petitiones and the learned counsel
appearing on behalf of the caveator viz
Respondent No.31.
Looking at the peculiar facts and
circumstances of the case, it is directed
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that by way of interim order an
Administrative Committee shall be formed
which shall consist of one Government
official, who will be the Chairman of the
Committee and the President as well as the
Secretary of the Society shall be the
member of the said Committee.
The Administrative Committee shall
perform day to day work of the Cooperative
Society and shall not take any policy
decision.
The petition which is pending before the
High Court shall be heard as soon as
possible and preferably within a period of
two months from today.
Issue notice to the respondents by speed
th
post returnable on 5 December, 2016.
Implementation of the impugned judgment
is stayed.”
4. It is seen that pursuant to the elections
conducted on 5.11.2016, 13 members have been elected
to the Managing Committee.
5. Though several contentions are taken by the
parties, we do not propose to go into the merits of
the matter since the writ petitions are pending
before the High Court. Since, by the time this Court
passed the order dated 11.11.2016, a Managing
Committee had already been elected on 5.11.2016, we
dispose of these appeals permitting the Committee
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elected on 5.11.2016 to manage the affairs of the
Society for the time being, on a provisional basis
with the rider that the said Committee shall only
perform the day-to-day work of the Co-operative
Society and shall not take any policy decision, till
the writ petitions are disposed of.
6. All contentions raised by the writ petitioners
are left open before the High Court.
7. The writ petitions may be disposed of within the
time indicated by this Court on 11.11.2016.
8. Applications for impleadment are allowed.
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9. Pending application(s), if any, shall stand
disposed of.
10. No costs.
.......................J.
[ KURIAN JOSEPH ]
.......................J.
[ ROHINTON FALI NARIMAN ]
NEW DELHI;
DECEMBER 05, 2016.
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