SOMASUNDARAM Vs. JOINT REGISTRAR

JUDGEMENT

(1.) Petitioner is the Vice President of second respondent cooperative society. On 24-10-1984 first respondent, Joint Registrar of Cooperative Societies issued Ext. P1 order nominating respondents 3 to 5 as members of the committee or Board of Directors under S.31 of the Kerala Cooperative Societies Act (for short 'the Act'). This original petition is filed seeking to quash Ext. P1. Grounds urged on behalf of the petitioner are that nominations made are mala fide, that first respondent has no competency to make nominations and that respondents 3 to 5 not being members of the society and not being eligible to be members of the society cannot be so nominated.

(2.) The nominations are made under S.31 of the Act. Under S.31 of the Act, where the Government have subscribed to the share capital of a society or have assisted indirectly in the formation or augmentation of the share capital of a society as provided in Chapter VI or have guaranteed the repayment of principal and payment of interest on debentures issued by a society or have guaranteed the repayment of principal and payment of interest on loans and advances to a society, the Govt. or any authority specified by the Government in that behalf shall have the right to nominate not more than three persons or one-third of the total number of members of the committee of the society, whichever is less, to be members of the committee. R.37 of the Kerala Cooperative Societies Rules deals with procedure for appointment of nominees and their removal from the committee of a society. The rule states that appointment of nominees of Government under S.31 shall be made, in the case of Apex societies by the Government and in the case of other societies by the Registrar. Second respondent society is not an Apex society and therefore under R.37 nominations are to be made by the Registrar.

(3.) Under S.31 of the Act, the right of nomination vests in the Government; however, nominations could also be made by authority specified by the Government in that behalf. Reading S.31 of the Act and R.37 of the Rules together, it must follow that in the case of societies other than Apex societies, Government have specified Registrar as authority to make nominations. The question which arises for consideration is whether the first respondent, Joint Registrar of Cooperative Societies, is a "Registrar" for the purpose of R.37 of the Rules.