SUDHAKARAN Vs. DY REGISTRAR OF CO-OPERATIVE SOCIETIES

JUDGEMENT

(1.) Though various contentions are seen to have been raised in the writ petition, the substantial question that falls for decision is whether it is competent for the Administrator or the Committee appointed under S.33(1)(ii) of the Kerala Cooperative Societies Act (the Act) to admit new members to the rolls of the Society.

(2.) It is not disputed that in exercise of the powers of the Registrar of Cooperative Societies, delegated to him, the 1st respondent, the Deputy Registrar of Cooperative Societies, Cannanore, had appointed as per Ext. P1 proceeding dated 22-2-1980 the 2nd respondent, the Valuation Inspector, Tellicherry Land Mortgage Bank, to be the Administrator of the Chovva Cooperative Rural Bank Ltd., of which the 3rd respondent is the Secretary. That the number of members of the Bank as on the date of assumption of office by the 2nd respondent stood at 10766 and that thereafter 400. 1305 and 1767 new persons were admitted to the membership of the Bank respectively on 17-3-1980, 20-3-1980 and 9-5-1980 are facts not in dispute.

(3.) Sri K. Chandrasekharan, the counsel for the petitioner, submitted that the action of the Administrator in admitting new members enbloc in an undue haste between 17-3-1980 and 9-5-1980, when the date fixed for the election was 29-6-1980, is not warranted by the relevant provisions of the Act and the Rules framed thereunder, or by the limited powers conferred on him by the very appointment order (Ext. P1) Inasmuch as the terms contained in Ext. P1 had figured very prominently during the course of the argument. I would like to extract below the material portion of that order: