GOVINDAN KUTTY Vs. VIYYUR SERVICE CO OP BANK

JUDGEMENT

(1.) When C.M.P.No.2466/90 came up for orders learned counsel representing the petitioners and the learned Government Pleader wanted to have the Original Petition itself disposed of. Accordingly, I heard them in detail. lam disposing of the Original Petition.

(2.) Petitioners, five in number, are elected members of the board of directors of first respondent society. They were elected to the board in the election held on 2-11-1986. The total number of members elected was seven. Respondents 5 and 6 are the remaining two elected members. The board so elected assumed office on 14-11-1986. The term of office of the board is five years. By Ext. P3 order passed by the third respondent the board has been superseded and 4th respondent has been appointed Administrator. Petitioner challenges the above action of third respondent.

(3.) Certain complaints were made against the activities of the board of directors of the society. The Joint Registrar who was then in office called for the explanations of the petitioners regarding those complaints. Petitioners submitted their explanations. Advocate representing the petitioners was heard by the then Joint Registrar on 22-2-1989. Thereafter nothing transpired. She did not pass any order during the period while she was in office. According to the petitioners the complaints were found to be untenable and so the then officer did not think it proper to take any action under S.32 of the Cooperative Societies Act, hereinafter referred to as 'the Act'. After the retirement of the then Joint Registrar the present incumbent assumed office. It is alleged by the petitioners that the present officer without adverting to any of the aspects, on account of the extraneous considerations, issued Ext. P3 order superseding the elected board of directors.