LAWS(KER)-1994-2-41

JOINT REGISTRAR Vs. M R CHERIAN

Decided On February 28, 1994
JOINT REGISTRAR Appellant
V/S
M.R. CHERIAN Respondents

JUDGEMENT

(1.) This writ appeal has been preferred by the Joint Registrar of Cooperative Societies, Idukki and the Administrator of the Thodupuzha - Muvattupuzha Primary Cooperative Agricultural Development Bank Limited (hereinafter called the Primary Back), Muvattupuzha. They were respondents 1 and 2 In the writ petition, OP 3561 of 1993 -Y dated 7-4-1993.

(2.) The facts of the case are as follows: The Writ Petitioner Sri M. P. Cherian respondent No. 1 in this writ appeal) was elected as a member of the Board of Directors of the Primary Bank on 29-9-1988, On the same day, the Board of Directors of the said Bank nominated, the said M. P. Cherian the delegate of the said Bank to the Kerala State Cooperative Agricultural Development Bank Limited (hereinafter called the Central Bank) While things stood thus, by virtue of the Kerala Ordinance No. 3 of 1992, the term of Cooperative Societies was reduced and because of that the term of the Board of the Primary Bank expired on 7-2-1992, Then an Administrator was appointed to administer "the Primary Bank under Sectioned 33 of the Kerala Cooperative Societies Act.

(3.) Now, under S.28(1A) of the Act, the Administrator can continue only upto a maximum period of one year and he has to take necessary steps to pass the appropriate resolutions for conduct of fresh elections culminating in an election notification, appointment of Returning Officer etc.