P SUBAIR KUNJU Vs. JOINT REGISTRAR

JUDGEMENT

(1.) Petitioner is a member of Trivandrum Taluk Marketing and Processing Co-operative Society Ltd., (for short the Society'. He was also a member of the Board of Directors of the Society. On 12-7-1990, the second respondent (a Joint Registrar of Co-operative Societies) as per Ext. P1 proceedings, removed the Board of Directors on the ground that the said Board lost its quorum. The third respondent was appointed as an Administrator of the Society in the place of the Board of Directors for a period of four months. Exhibit P1 is challenged in this Original Petition.

(2.) Ext. P1 proceeds on the assumption that the strength of the Board is eleven. As a matter of fact, there were only 7 members on the Board. Out of them, two persons later resigned and the authority of another person was withdrawn by the member Society which nominated him. Consequently, the Board of Directors consisted of four persons with three vacancies. The 2nd respondent contended that the Board lost the quorum since its strength was reduced below fifty per cent.

(3.) Learned counsel for the petitioner contended that the strength of the Committee was only 7 and hence the resignation of two members and withdrawal of another's authority, by his sender would not have reduced the quorum below the level prescribed. On the other hand, learned counsel for the 3rd respondent (Administrator) contended that as per Clause 5.1 of the Bye-laws of the Society, the strength of the Board is 9, though elections have not been held for 2 seats.