LAWS(KER)-2000-8-72

THOMAS ANTONY Vs. ADDL REGISTRAR OF COOPERATIVE SOCIETIES

Decided On August 31, 2000
THOMAS ANTONY Appellant
V/S
ADDL REGISTRAR OF COOPERATIVE SOCIETIES Respondents

JUDGEMENT

(1.) BOTH these Original Petitions have been filed challenging the order passed by the Registrar of Cooperative Societies dated 26. 5. 2000. The order is produced as Ext. P5 in both these cases. Petitioner in O. P. No. 16127 of 2000 is the present President of the Kerala High Court Advocates Cooperative 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 Cooperative Society Limited is a Society registered under the Kerala Cooperative Societies Act. THE Managing Committee of the Society consists of nine members. THE second respondent in O. P. 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.) SUBSEQUENTLY, the Registrar heard the petitioner in O. P. No. 16127 of 2000 and thereafter passed Ext. P5 order. The Registrar took the view that since the resignation was not in writing, that is not a valid resignation and hence quashed the resolution dated 19. 1. 2000 and also quashed the subsequent resolutions under R. 176 of the Kerala Cooperative Societies Rules, Petitioners in O. P. No. 15987 of 2000 contended that they were not heard, even though under Ext. P3 judgment, they were parties.