T MOHANAN Vs. REGISTRAR OF COOPERATIVE SOCIETIES

JUDGEMENT

(1.) Similar issue involved in this Writ Petition, has already been considered by this Court in W.P.(C).No.27196/2006 and this Court found that as per Rule 44A the Administrator is fully justified in nominating a member of a Primary Cooperative Society as delegate to the District Co-operative Bank and nominate him as delegate to the State Co-operative Bank. The contention now raised by the petitioners is that after the amendment brought to Section 33 on 1.1.2000, on supersession of the committee of a Co-operative Society or an apex society, the Registrar shall appoint more than one administrators not exceeding three. If the amendment is taken into consideration, appointment of a single administrator to manage the day today affairs of the committee of the Society or the Bank is irregular and illegal.

(2.) This Court heard the learned Advocate General and the counsel for the petitioners and also the counsel for the State and District Co-operative Banks. On reading the amendment brought to Section 33 and Rule 44A, this Court is of the view that as per the proviso to Rule 44A, the Administrator is fully justified in nominating one member of a Primary Co-operative Society as the delegate to another society and the Registrar is competent to appoint one or more Administrators, but not more than three.

(3.) Relevant portion of Section 33 Sub-clause (b) reads as follows: