SUDEVAN Vs. JOINT REGISTRAR

JUDGEMENT

(1.) The question that arises in these original petitions is whether the Registrar of Cooperative Societies is bound to appoint a returning officer for conduct of election on receipt of a resolution by the committee of a Cooperative Society or whether he has discretion in the matter.

(2.) Petitioner in O.P.6457 of 1992 is the President of Ranny Government Servants' Cooperative Society. The term of the present managing committee will expire on 30-6-1992. A meeting of the managing committee was convened on 24-4-1992 and a resolution adopted to conduct election on 27-6-1992. The 2nd respondent was requested to appoint a returning officer to conduct election. He refused to appoint a returning officer and informed the petitioner that further steps for conducting the election could not be taken since the resolution is not consistent with S.28(1) of the Cooperative Societies Act and R.35(1) of the Rules. That order of the 2nd respondent is challenged in this O.P. Petitioner seeks a writ of certiorari to quash Ext. P2 and a direction to 2nd respondent to appoint a returning officer to conduct election to the Managing Committee.

(3.) The other petition O.P.6476 of 1992 is filed by the President of Seethathodu Service Cooperative Bank. Here also the managing committee of the bank had passed a resolution to conduct election on 20-6-1992 and request was made for appointment of a returning officer. The 2nd respondent has not so far appointed a returning officer and the matter was delayed. Hence the petition for issue of a writ of mandamus directing 2nd respondent to appoint a returning officer to conduct election to the managing committee. Second respondent in O.P.6457, of 1992 filed a statement contending that the resolution adopted by the managing committee was defective. Since there is no resolution for convening a general body meeting for conduct of election, no action was taken for appointment of a returning officer. The fact that there was no proper resolution has been intimated to the society by the Asst. Registrar as per letter dated 30-4-1992. No statement is seen filed in O.P.6476 of 1992. These petitions were heard together and are being disposed of by this common judgment.