M M MATHAI Vs. EBRAHIM SYED MOHAMMED

JUDGEMENT

(1.) Unit Inspector of the Kothamangalam Unit of the office of the Assistant Registrar of Co-operative Societies published notice dated 12,07.2005 convening a meeting on 29.07.2005 so as to consider the motion for no confidence against the President of the Pothanikkad Farmers Co-operative Bank. Total strength of the Managing Committee fixed by the bye-law was 12. On 29.07.2005 only six members were present. The Unit Inspector took the view that the meeting could not be convened since as per Clause 27 (3) of the bye-laws of the Bank, seven elected members shall constitute the quorum for a meeting convened for the purpose of removing the President and since there was only six members present there was no quorum. Therefore no confidence motion could not be taken up for debate.

(2.) Petitioner, a member of the Managing Committee is aggrieved by the non conduct of the meeting on 29.07.2005 and has approached this court seeking a writ of mandamus directing respondents 3 and 4 to complete the procedure pursuant to Exts. P2 and P3 as contemplated under Rule 43-A of the Kerala Co-operative Societies Rules and also for other consequential reliefs.

(3.) Learned single Judge allowed the Writ Petition holding that there was sufficient quorum to consider the no confidence motion on 29.07.2005. Learned Judge took the view that by-law has to be in consonance with Rule 43-A(v) of the Co-operative Societies Rules. Consequently presence of one half of the total strength of the committee members is sufficient for considering the no confidence motion. Writ Petition was accordingly disposed of directing respondents 3 and 4 to conduct the meeting as notified as per Ext.P3 within a period of one month from the date of receipt of a copy of the judgment. Aggrieved by the same this appeal has been preferred.