LAWS(KER)-1976-3-13

SUKUMARAN Vs. SUKUMARAN UNNI

Decided On March 03, 1976
SUKUMARAN Appellant
V/S
SUKUMARAN UNNI Respondents

JUDGEMENT

(1.) The question which arises for consideration in this Original Petition is whether the Registrar of Cooperative Societies who is authorised in terms of S.28 of the Kerala Cooperative Societies Act, 1969, to nominate members of the committee of a society, has the power to revoke such nomination. Before I refer to the relevant provisions, 1 shall briefly state the facts.

(2.) By Ext. R1 order dated 31-12-1975 the Additional Registrar of Cooperative Societies nominated three persons as members of the committee of the Palghat Wholesale Cooperative Stores, Ltd. No. P. 525. The Additional Registrar again nominated by Ext. R2 dated 29-1-1976 two persons in the place of two of the three persons nominated under Ext. R1. He thus replaced two of the earlier nominees by the subsequent nominees. Ext. R2 is challenged by the petitioner, who is one of the elected members of the committee, on the ground that the Registrar has acted in excess of his authority.

(3.) I shall now read the relevant portion of S.28 of the Act;