P PADMANABHAN Vs. JOINT REGISTRAR

JUDGEMENT

(1.) Appellant is the petitioner in O.P. 1436 of 1995. He filed the Original Petition challenging Exts.P1 and P2 orders of the Joint Registrar of Cooperative Societies, Kottayam (first respondent). As per Ext. P1, the elected Board of Directors of Udayanapuram Service Cooperative Bank was replaced by appointing an Administrator invoking S.33 of the Kerala Cooperative Societies Act on the ground that there is no quorum for the Board of Directors. As per Ext. P2 the first respondent informed the Secretary of the Bank that the resolution 118 dated 19-10-1994 coopting Smt. Maniyamma to the Board of Directors cannot be ratified as the Act or Rules do not provide for cooption.

(2.) The election to the Board of Directors of the Bank was held on 17-1-1993. The term of office is for three years. The strength of the Board of Directors was 11. The one woman member Smt. Vijayamma resigned on 3-8-1994. Out of the remaining 10 members 4 others also resigned. One member was disqualified. On 19-10-1994 as per Resolution No.l18 a woman member was coopted under Clause.36 of the Bye law s. Contention of the appellant is that as a result of the cooption there is quorum and the first respondent was not justified in issuing Ext. P1 order.

(3.) In Ext. P1 it is stated that ineligibility of Sri. M. K. Sebastian as a member of the Board of Directors of the Bank has become a reality and as 4 out of the 10 members of the Board of Directors of the Bank have resigned the remaining 5 members cannot constitute quorum. As per Ext. P2 order, cooption of Smt. Maniyamma as a Board member was not accepted by the first respondent.