JOSEPH Vs. STATE OF KERALA

JUDGEMENT

(1.) THE sixth respondent is the power holder of the guruvayoor Co-operative Urban Bank Ltd. represented by the third respondent the secretary. THE power of attorney authorises the sixth respondent to represent the cause of the bank before the arbitrator within the meaning of S. 69 of THE co-operative Societies Act. Though the sixth respondent is the power holder of the bank, he cannot represent the bank in the proceedings under S. 69 in view of the provisions contained in Rule 67 (8) of THE Cooperative Societies Rules is the case of the petitioner.

(2.) ON behalf of the contesting respondents it is argued that R. 67 however, does not prohibit the power holder to appear before the arbitrator and represent the case of his principal who is a party to the said proceedings. R. 67 (8) in fact imposes certain restrictions only on the right of an advocate to represent parties in the proceedings before the arbitrator.

(3.) BUT that is not the case with a lawyer who will be engaged by a party to the said proceedings. His right to appear in the proceedings is circumscribed by Rule 67 (8 ). I shall now read the said rule "in the proceedings before the Registrar or such other person deciding the dispute or the arbitrator, legal practitioners shall not been titled as a matter of right, to appear to represent parties". Construing this rule a Division Bench of this court in S. C. Bank v. State of Kerala (1978 KLT 4) has held thus: R. 67 (8) does not entitle the Registrar automatically to reject an application for permission to engage a counsel or to refuse the assistance of a counsel 'to a party seeking to engage one, but it required the Registrar to apply his judicial mind and to exercise his judicial discretion in regard to the prayer for assistance of a counsel".