Kumarakom Lime Shell, Co-Operative Society Ltd v. State of Kerala rep. by Secretary Department Co-Operative Societies
2012-08-07
C.K.ABDUL REHIM, C.N.RAMACHANDRAN NAIR
body2012
DigiLaw.ai
JUDGMENT :- C.N. Ramachandran Nair, J. 1. Tenure of the managing committee of the appellant society will be over by 12-09-2012. Therefore a resolution was passed by the managing committee in terms of Rule 35 requesting the Joint Registrar to conduct election on 09-09-2012. However, resolution was returned for the reason that the election proposed is without any seat reserved for women which is a violation of Section 28A of the Co-operative Societies Act. When this was challenged before the learned Single Judge, the Single Judge gave time to pass fresh resolution consistent with Section 28A which obviously means that the society has to enroll women members to provide for their representation. It is against this judgment writ appeal is filed. We have heard counsel appearing for the appellant and special Government Pleader for respondent. 2. Representation for woman in the managing committee of every society is mandatory under Section 28A of the Co-operative Societies Act. Obviously Section pre-supposes that women are also stakeholders in every society in as much as there are depositors, borrowers and also employees from women. However, appellant is a peculiar society in as much as its activities are confined to deep water mining for lime shells in the Vembanad Lake where women cannot participate. So much so women have not come forward to become members of the appellant society. If Section 28A has to be complied with just for the sake of it appellant has to enroll women members to the society for electing the required number of them to the managing committee. We find force in the contention of the appellant that appellant cannot be compelled to take women members who cannot utilize the services of the society and whose services are not required for the society. Since the members are engaged in actual collection of lime shell, it is a labour society wherein members themselves are engaged in the activities of the society. If women are unfit or unwilling to engaged in the work in which the members of the society are engaged, certainly there is no scope for their enrolment as members and in turn their election to the managing committee. Scope of Section 28A has to be understood realistically and wherever women are not stake holders in a society there is no scope for providing women’s representation in the managing committee of such societies.
Scope of Section 28A has to be understood realistically and wherever women are not stake holders in a society there is no scope for providing women’s representation in the managing committee of such societies. In our view the Government in such cases in exercise of powers under Section 101 should exempt the society from the operation of Section 28A that is to exempt it from having women’s representation in the managing committee of the society. Special Government Pleader is also of the view that this is a fit case for the Government to exempt society from women’s representation in it’s managing committee. 3. We accordingly dispose of the writ appeal by vacating the judgment of the learned single Judge and direct the Joint Registrar on production of copy of judgment by the appellant to proceed with the election. However in between the Government should pass orders on Ext.P4 exempting the society from the requirement of women’s representation in the managing committee so that there is no need for any amendment to the bye laws as required by the Joint Registrar. We have issued directions to the Joint Registrar to proceed with the election only to ensure that the delay on Government orders under Section 101 of the Act should not hold up the election.