MARY THOMAS Vs. JEROME THOMAS

JUDGEMENT

(1.) Appellant was elected to the Managing Committee of a Cooperative Society (Thiruvalla East Cooperative Bank Ltd., hereinafter referred to as 'the Society') in the election held on 4-1-1993. But she could not continue as member of the Managing Committee for long as she has now been declared disqualified to be a member of the committee by the learned single Judge who allowed the Original Petition filed by the first respondent. This appeal is in challenge of the said judgment

(2.) First respondent made a complaint to the Joint Registrar of Cooperative Societies (second respondent) on 25-5-93 pleading for a declaration that appellant has been disqualified to be a member of the committee on the ground that she is the lessee of the society in respect of a building belonging to the society. According to the appellant the building was leased out to one Dr. K. V. Mammen in 1972 and after his death it was in the possession of one Dr. R.P. Thomas (husband of the appellant).

(3.) The Joint Registrar rejected the complaint as per Ext. P6 order holding that there was no contract between appellant and the society. First respondent had, in fact, filed the Original Petition even before the order (Ext. P6) was passed and prayed for a declaration that appellant has been disqualified to be a member of the committee. The Joint Registrar was directed by this court to dispose of Ext. P1 representation and Ext. P6 order was passed pursuant to that direction. Subsequently the Original Petition was amended by seeking the relief to quash Ext. P6.