MOIDEEN O P Vs. REGISTRAR OF COOPERATIVE SOCIETIES

JUDGEMENT

(1.) What is the quorum for a meeting of the committee, of a cooperative society, in which Government have nominees

(2.) The petitioner is the President of a society to which S.31 of the Kerala Cooperative Societies Act, 1969, hereinafter, the "Act", applies. The respondent, Registrar, issued Ext. P8 on the ground of lack of quorum for the meeting of the committee of that society, held on 08/08/2007. Hence, this writ petition.

(3.) The relevant facts lie within a narrow compass. Clause 11(1) of Ext. P1 Bye laws of the society provides that the committee shall consist of not more than 19 members, in terms of the classification in that provision. The Government have nominated three persons to be members of the committee in terms of S.31 of the Act. The meeting in issue was attended only by 11 members of the committee. The impugned Ext. P8 is issued taking the view that the total number of members of the committee is 22 and therefore, the quorum for a meeting of the committee shall be 12 in terms of S.28(5) of the Act.