M JINADEVEN Vs. STATE

JUDGEMENT

(1.) The Idukki District Cooperative Bank, the respondent No. 3 in O. P. No. 9527/92 and the respondent No. 4 in O. P. No. 8372/92 is a central cooperative society as defined in S.2(d) of the Kerala Cooperative Societies Act (the Act for brevity). In this judgment the Idukki District Cooperative Bank is referred to as the bank. The petitioner No. 1 in O. P. 9527/92 and the sole petitioner in O. P. No. 8372/92 is a member of the general body of the bank. The petitioners 2, 3 and 4 in O. P. 9527/92 are members of the Board of Directors.

(2.) These petitions under Art.226 of the Constitution of India raise the question whether the existing numbers of the Board of Directors of the bank constitute quorum. This is the only question urged by the petitioners. I therefore propose to dispose them off by this common judgment.

(3.) O. P. No. 9527/92 was heard and disposed off by me on 24-2-1993. It was allowed. The order No. CB (3) 34963/1992 dated 16-7-1992 appointing Administrator of the bank was quashed and the Registrar of Cooperative Society was directed to withdraw the Administrator. However, the State of Kerala and the Registrar of Cooperative Societies filed Review Petition No: 54 of 1993 which I have allowed by a separate order. I heard the O. P. No. 9527/92 simultaneously with the review petition No. 54/93. That is how I am deciding the O.P. No. 9527/92 once again.