THOMAS Vs. ASST REGISTRAR OF CO OPERATIVE SOCIETIES

JUDGEMENT

(1.) The petitioner, who claims to be the elected President of the Karuvatta North Service Cooperative Society, hereinafter called 'the Society', has approached this Court with a prayer to quash Ext. P5, an order dated 9-7-1981, passed by the Assistant Registrar of Cooperative Societies (General) 1st respondent herein, and Ext. P6 notice dated 16-7-1981, issued by the Secretary of the Society, 3rd respondent herein, for holding another meeting to elect the President of the Society in pursuance of Ext. P5.

(2.) The first respondent is Assistant Registrar of Cooperative Societies (General), 2nd respondent is Joint Registrar of Cooperative Societies and respondents Nos. 4 and 5 are Members of the Board of Directors of the Society nominated by the 2nd respondent and respondents 6 and 7 are Members elected to the Board of the Society at the election held on 21-6-1981.

(3.) At the election held on 21-6-1981, 9 members including the petitioner and respondents 6 and 7 were elected to the Board of the Society. Respondents 4 and 5 were nominated by the 2nd respondent by his order dated 29-6-1981, a copy of which is Ext. P2 Thereafter, in order to elect the office bearers of the Society, the 3rd respondent issued a notice dated 6-7-1981, a copy of which is Ext. P1, for holding a meeting of the members elected to the Director Board on 9-7-1981 at 11.15 a. m. at Indira Bhavan, Kallimel under the Presidentship of Shri P. Bhaskara Kurup. Second item in the agenda for the said meeting was election of the President of the Board and his taking charge. A meeting of the Members of the Board in pursuance of Ext. P1 notice took place in the Society Building, Indira Bhavan, at 11.15 a.m. on 9-7-1981. At the meeting respondents 4, 5, 6 and 7 without participating in the election of the President staged a walk - out and they subsequently filed a petition, a true copy of which is Ext. P4 before the 1st respondent - Assistant Registrar, who on receipt of the same, on the same day, issued Ext. P5 order to the 3rd respondent directing him to convene another meeting of the Board of Directors. In pursuance of this order, Ext. P6 notice was issued by the 3rd respondent to hold a meeting on 21-7-1981 at 11 a.m. at the office of the Society.