GOPALAN NAIR Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioners who are the elected members of the 3rd respondent, Peringoda Service Co-operative Bank, filed this O.P. for quashing Ext.P4 order passed by the 2nd respondent, the Joint Registrar of Co-operative Societies, Palakkad, disqualifying the petitioners from continuing as members and also Ext.P7 order passed by the 1st respondent confirming Ext.P4 order.

(2.) Heard the learned counsel for the petitioners, the 3rd respondent and the learned Government Pleader.

(3.) The petitioners were elected to the Board of Directors of the 3rd respondent society in an election held on 21.10.2001. On the basis of a complaint, the Joint Registrar initiated proceedings for disqualifying the petitioners under Rule 44(3) of the Co-operative Societies Rule. By Ext.P4 order the petitioners were disqualified to continue as elected members of the society. The only ground relied on for disqualification of the petitioners was that they were not active members of the society at the time of electing them to the Board of Directors and hence they are liable to be disqualified. The learned counsel for the petitioners submitted that a member can be disqualified under Rule 44(3) only if the member suffered a disqualification under sub-rule (2) of Rule44 and not on any other grounds. Sub-rule (2) of Rule 44 deals with the disqualification of a member who was elected or appointed as a member of the committee and it reads: (2) A member of the committee shall cease to hold his office as such, if he