THOMAS Vs. REGISTRAR OF CO OPERATIVE SOCIETIES

JUDGEMENT

(1.) Petitioner challenges Ext.P3. He seeks a direction to the respondent to consider and dispose of Ext.P4 and declare that he is legally entitled to continue as the Chairman of Thrissur Circle Co-operative Union for the entire term he has been elected.

(2.) The facts are not in dispute. Petitioner was elected as the member of the managing committee of the Thrissur Service Co-op Bank on 14/03/2004. On 16/01/2006 an administrative committee has taken charge apparently acting under S.33 of the Co-operative Societies Act. Prior to that, on 26/06/2004 petitioner was elected as the member of the Thrissur Circle Co-operative Union. On 15/06/2005 petitioner came to be appointed as the Chairman of the Thrissur Circle Co-operative Union. Ext.P3 is challenged by the petitioner. Ext.P3 is issued on behalf of the Registrar on 12/06/2007, wherein it is stated that in terms of R.143(2) petitioner has ceased to be the member on 16/01/2006 as the administrative committee has taken charge on the said day. It is further stated that though he was elected as the member of the Bank, he ought to have been elected under R.128 (1). It is further stated that in terms of the disqualification to continue, there be a gazette publication to the effect that petitioner is not eligible to continue as the member of the Thrissur Circle Co-operative Union.

(3.) I heard learned counsel for the petitioner and the learned Government Pleader also.