THOMAS Vs. JAIHIND POWERLOOM INDUSTRIAL COOP. SOCIETY LTD.

JUDGEMENT

(1.) Petitioners and three others were the Directors of the first Respondent, Co-operative Society. Out of seven Directors, K.S. Mohini became disqualified due to her absence for more than four meetings. Shri B.G. Jose tendered his resignation. Thereafter, according to the Petitioners, the resignation of Shri Parameswaran (4th Petitioner) was obtained by force in the night of 29th June 2000. The next day, the 4th Petitioner met the Secretary of the Society and apprised him of the incident and requested him not. to remove him from the Directorship. On 30th June 2000, 5 Directors participated in the meeting.

(2.) The 4th Respondent President resigned from the Director Board. The Petitioners made Ext. P-4 representation to elect a new President. However, by Ext. P-5 an Administrator was appointed for the Society. The Original Petition was filed to challenge Ext. P-5.

(3.) The main contention raised in the O.P. was that the procedure fixed u/s 33(1) of the Kerala Co-operative Societies Act was not complied with before Ext. P-5. It is also stated that as per the Bye-law 20(d), the resignation takes effect only when the Director Board approves the resignation. Since it was not placed before the Director Board there was still the quorum and the Administrator could not be appointed.