PADMANABHAN Vs. JOINT REGISTRAR

JUDGEMENT

(1.) By these two petitions the problems of the Board of Directors or the committee of the Udayanapuram Service Co-operative bank Ltd. are brought before this court by the petitioner Sri Padmanabhan, who avers that he was the President of the said Board of Directors till January 7, 1995, because by an order (Ext. Pl)-translation Ext. P.1 (a) the Joint Registrar, Kottayam in exercise of the powers under Section 33 of the Act proceeded to appoint the Assistant Registrar of Co-operative Societies, Vaikom Unit, as its administrator for a period of six months. This impugned order is the subjectmatter of O. P. No. 1436/1995. This ultimate order has a little background. Apart from O. P. No. 7809/1994, which is also taken up for hearing and final decision along with the above petition by the earlier oral order of this court, there is yet one more petition, O. P. No. 15406/1994 which would require a reference, although it is decided by a judgment of this court dated January, 4, 1995.

(2.) One Mr, Sebastian preferred O. P. 15406/1994 to challenge certain orders and notices of the Joint Registrar. Mr. Sebastian is a member of the Board of Directors of which the present petitioner Mr. Padmanabhan was the President till January 7, 1995, as stated above. On January 17. 1993 the Board of Directors came to be elected with the office for a period of three years thereafter. The strength of the Board of Directors as per the byelaws is admittedly 11 members. It appears that Mr. Sebastian, on and from June 9, 1994, came to be appointed as the Branch Manager of the Bank, Vallakam Branch, and that too, it is alleged, in an honorary capacity. This was by the resolution of the Board. When the said Board was in existence upto May 27, 1994, one Mr. Raju was the President of the Board. He figures as a respondent in these petitions. The facts proceed further and tell us that this Raju lost presidentship in pursuance of a no-confidence motion and he was replaced by Sri Padmanabhan, the petitioner in these petitions.

(3.) In both these petitions there are factual allegations and descriptions of the movements of Sri Raju as a result of his loss of presidentship in pursuance of no-confidence motion. The averments show that Sri Raju became a busy body keeping the Joint Registrar engaged by making petitions obviously against the present petitioner. Ultimately, the question which was the subject-matter of O. P. No. 15406/1994 was whether the disqualification of Mr. Sebastian was proper and justifiable. This court did not interfere with the order of the respondent No. 1 (the Joint Registrar of Co-operative Societies, Kottayam, disqualifying Mr. Sebastian to continue to be the member of the Board of Directors. This order has received finality and Mr. Sebastian is out of the Board of Directors.