SANKU Vs. STATE OF KERALA

JUDGEMENT

(1.) Can a member of a cooperative society having recourse to civil action against the society be regarded as acting prejudicially to its interest, is the question raised in this petition.

(2.) The Government in exercise of its power of revision under S.87 of the Kerala Cooperative Societies Act, 1969, passed Ext. P5 order dated 19th July, 1976 setting aside Ext. P4 order dated 3rd March, 1976 of the Deputy Registrar of Cooperative Societies (the 2nd respondent herein). Ext. P5 is challenged in this Original Petition.

(3.) The 5th respondent filed a petition before the 2nd respondent praying that the petitioner in this Original Petition should be disqualified to be a member of the committee of management of the 4th respondent - Cooperative Society on the ground that he had acted contrary to the interest of the society by filing civil suits against it for certain alleged irregularities. This application was dismissed by the 2nd respondent by Ext. P4, which, in my view, is a well considered order. The 2nd respondent held that every person had a right to approach a court of law and the fact that the present petitioner filed suits against the society was no reason to disqualify him to be a member of the committee of management. The contention that the petitioner was disqualified under R.44(2)(c) and 44(1)(j) of the Cooperative Societies Rules, 1969, read with by law 37 of the society was rejected.