N SUDARSANAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner seeks for a declaration that he is entitled to continue as duly elected Vice President of the Kerala State Cooperative Bank Ltd. (hereinafter referred to as 'the Bank') and for a declaration that R.37(3) of the Kerala Cooperative Societies Rules as invalid and for a further declaration that the nominated members of the Bank are not entitled to vote in the election of office bearers and for direction not to convene any meeting for the election of the President or Vice President of the Bank.

(2.) The Kerala State Cooperative Bank is an apex society registered under the Kerala Cooperative Societies Act (hereinafter referred to as 'the Act"). The Board of Directors of the Bank consists of the following: a) one Director deputed by each affiliated District Cooperative Bank numbering 165; b) the Registrar of Cooperative Societies; c) two nominees of the State Government; d) the Managing Director of the bank; e) one representative of Schedule Castes and Scheduled Tribes; and f) one woman representative.

(3.) After the expiry of the term of the office bearers of the State Cooperative Bank, a meeting of the Board of Directors of the bank for the year 1996-97 was proposed to be held on 30.4.1996 for the election of President, Vice President and other executive committee members. The meeting was postponed to 2.5.1996 and again to 4.5.1996 and further to 29.5.1996. In the meeting held on 29.5.1996, the petitioner claims to have been elected as Vice President of the bank unopposed. As against the resolution and decision electing the Vice President, the Managing Director of the bank represented to the Registrar of Cooperative Societies that the election of the petitioner was illegal since there no agenda for the election of the Vice President and the same was contrary to R.43(4) of the Cooperative Societies Rules. The Registrar by order dated. 20.6.1996 rescinded the decision and resolution dated 29.5.1996 of the Board electing the petitioner as Vice President and directing the Managing Director to initiate action to conduct the election in accordance with the Rules. The Present Original Petition came to be filed for the reliefs stated above without challenging the order passed by the Registrar.