Page 1

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 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

1

Page 2

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 post returnable on 5th 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 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.

2

Page 3

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.

3