SIVADASAN NAIR Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioners in these Original Petitions are the President and Vice President of the Kerala State Cooperative Agricultural and Rural Development Bank Ltd Trivandrum, the 3rd respondent, hereinafter referred to as the Bank. They were elected as members of Board of Directors held on 2.3.1996 for a term of 3 years. Exhibits, are referred to in this judgment as marked in O.P. 14313/97, unless specifically referred otherwise.

(2.) The petitioners have approached this Court seeking a declaration that R.44(4), 44(5) and 44(6) of the Kerala Cooperative Societies Rules (hereinafter referred to as the Rules) introduced as per Ext. P2 notification dated 9th June, 1997 as inoperative. They also seek a declaration that they are not disqualified to continue as members of the Board of Directors of the Bank under R.44(4). They also challenge Ext. P1 and Ext. P5.

(3.) After the election to the Board of Directors of the Bank, the second respondent initiated action to supersede the Board of Directors by issuing a show cause notice dated 22.10.1996 on the basis of the allegations in the matter of appointment of Assistants in the Bank. An order of supersession was really passed on 17.12.96. This was challenged in O.P. 267/97. The supersession was stayed by this Court. The second respondent took the matter in Writ Appeal. A Division Bench of this Court heard the Original Petition itself and allowed it, quashing the order of supersession as per judgment dated 6.8.97.