THOMAS ANTOY Vs. REGISTRAR OF CO OPERATIVE SOCIETIES

JUDGEMENT

(1.) Both these Original Petitions have been filed challenging the order passed by the Registrar of Co-operative Societies dated 26.5.2000. The order is produced as Ext. P5 is both these cases. Petitioner in OP No. 16127 of 2000 is the present President of the Kerala High Court Advocates Co-operative Society Ltd., while the petitioners in the other Original Petition are members of the Managing Committee of the same Society.

(2.) The Kerala High Court Advocates Co-operative Society Limited is a Society registered under the Kerala Co-operative Societies Act. The Managing Committee of the Society consist of nine members. The second respondent in OP No. 16127 of 2000. Johnson P. John, was elected as President of the Society. / The meeting of the Managing Committee was convened on 11.1.2000. In that meeting, certain allegations were made against the President with regard to the payment of Rs.12,000/- made by the former President to the Printer, who has been assigned the work of printing diaries. The said payment was made without permission of the Committee.

(3.) On 19.1.2000. the Committee again met to transact other items in the agenda left to be considered in the previous meeting. The majority of the committee decided that excess payment made by the former President to the Printer should be realised from him, as the payment was an action adverse to the better interest of the Society. In that circumstances the then President openly declared that he was resigning from the post and further declared that he would render all his help to the Committee as a committee member. The Committee accepted his resignation. Thereafter, the Petitioner in OP No. 16127 of 2000 was elected unanimously as President. The newly elected President then occupied the chair. Thereafter, the Vice President Radhakrishnan Nair also expressed his desire to relinquish the post and in his place, Biju Kuriakose was elected. These things are revealed from Ext. P1 minutes of the Committee dated 19.1.2000. It is further stated that another meeting was convened on 20.1.2000. That was adjourned for want of quorum to 2.2.2000. In that meeting, the Secretary reported that the excess amount paid by the former President has not been remitted by him. Hence, the Committee resolved to issue registered notice him. True copy of the minutes of the above meeting is produced as Ext. P2.