SUNDARAM PILLAY Vs. JOINT REGISTRAR AND ORS.

JUDGEMENT

(1.) Only yesterday in O.P. No. 12191 of 1994, I had occasion to emphasise the importance of the democratic process in the affairs of the conduct of the co -operative societies with reference to the provisions of the Kerala Co -operative Societies Act, 1969 in the following manner:

(2.) In other words, the basic fabric of the democratic process relating to the working of a co -operative society postulates that the general body and no other organisation is the sole repository of the power in a co -operative society. It is also provided that any deviation therefrom can never have any life more than the life of a year and that too under the situations where there is a factual basis that the committee constituted by the general body has ceased to function or to continue in existence.

(3.) The concerned society is Respondent No. 2 the Karamana Co -operative Urban Bank Ltd. The Bank got its byelaws for the management of its day -to -day business and affairs. The Bank is managed by elected Board of Directors. The first election was held on June 30, 1991. As its members were found to be disqualified to continue, the Joint Registrar by the order dated August 17, 1992 disqualifying six members of the Board of Directors, appointed seven persons as Administrators, Under Sec. 33(1)(b)(ii) of the Kerala Co -operative Societies Act, 1969. This was initially for a period of six months. As the Administrators did not take charge, the Joint Registrar passed another order dated February 16, 1993 reducing the number of Administrators to three, granting them a further extension of six months from February 18, 1993. It has to be stated that the Joint Registrar has specified the factual position in the said order (Ext. P -1) that the Bank had to complete the work of issuance of identity cards to the members of the Banks. It is stated that the work is known to be in progress and therefore in order to complete the work of issuance of identity cards, it is stated that further period of five months would be required. If is specified in the said order that to complete all preparations for the conduct of elections for the constitution of the new Board of Directors, a further period of one month would be necessary. It is in this background noted and realised in the order itself that a period of six months was granted by the Joint Registrar. It means that at that time itself the work of issuance of identity cards was in progress and was a ground for extension of the period. Additionally also it was thought that one month's period would be necessary to complete all preparations for the election process.