RADHAKRISHNA PILLAI Vs. ASSISTANT REGISTRAR

JUDGEMENT

(1.) The bye laws of the second petitioner society provides for election once in three years. The second petitioner, therefore, passed Ext. P2 resolution on 22.4.2000 requesting the Assistant Registrar (General), Karthikappally to appoint a returning officer for holding fresh election on 2.7.2000. The grievance of the petitioners is that inspite of the above no action is taken for appointment as sought for.

(2.) The stand taken by the respondents is that the aforesaid clause in the bye laws has lost significance in view of S.11 of the Kerala Cooperative Societies Amendment Act (Act 1 of 2000) whereby S.28 of the Cooperative Societies Act was amended to provide for a term of five years for the administrative committee.

(3.) The learned counsel appearing for the petitioners submits that the effect of S.28 and the two provisos thereunder is only that if the bye laws so allowed, the committee can continue upto five years and that there is nothing contained therein which enables the continuance of the committee beyond three years if that is the limit set by the bye laws concerned.