K SUKUMARAN Vs. P K NADARAJAN

JUDGEMENT

(1.) WHETHER S. 60 of the Travancore-Cochin Co-Operative societies. Act applies to the dispute in question is the question to be decided in this civil revision petition.

(2.) THERE are two Full Bench decisions on the point, one, of the Madhya Pradesh High Court in Gokul Prasad Moujilal Bharat v, lakmanasingh Mahasingh (AIR. 1962 M. P. 265) and two, of the Madras High Court in M. S. Madhava Rao v. D. V. K. Surya Rao, Member of the Pithapuram co-Operative Bank, Pithapu-ram (AIR. 1954 Mad. 103 ). The suit in the case before me was by a shareholder of a co-operative bank against its office-bearers for a declaration that they are disqualified to be members of the executive of the bank on the allegation that they committed fraud, misappropriation, etc. In a case involving a dispute in an election to a co-operative society the Madras high Court held in its Full Bench decision that the dispute was one touching the business of the society, while, in a similar case, the Madhya Pradesh High court held that it was not. The Madhya Pradesh High Court refused to follow the decision of the Madras High Court. The High Courts of Bombay and Allahabad also held the Madras view, while the Calcutta High Court held the Madhya Pradesh view.

(3.) THE above decision makes it clear that the present case falls within the mischief of S. 60 of the Travancore-Cochin Co-operative societies Act and the suit before the civil court is incompetent. THE civil revision petition is allowed; and the order of the lower court is reversed. However, I direct both parties to bear their respective costs. Allowed.