ABDUL RASHEED Vs. STATE OF KERALA

JUDGEMENT

(1.) The Writ petitioner is the Writ appellant. He was selected to the Board of Directors of a Co-operative Bank in June, 1984. It is said that the term of the Board is for five years. He had stood surety for a debt incurred in 1979. That debt has been paid off and the liability discharged on 25-7-1985. Thereafter, on 16-11-1985, notice was issued to the appellant asking him to show cause why he should not be disqualified under Rule 44(1) of the Co-operative Societies Rules. He submitted his explanation. His defence was overruled and he waa disqualified by the Joint Registrar under Ext. P-3 dated 29-1-1986. A revision was taken to the Government and the Government confirmed the said decision as per Ext. P-5 dated 31-5-1986. The appellant, therefore, challenged Exts. P-3 and P-5, however, without success. Hence this appeal.

(2.) Even though the learned single Judge has taken pains to distinguish a Division Bench ruling of this Court which on the facts of this case, squarely binds us, we do not think that there is room for the non-application of the decision to this case.

(3.) In Thommen v. State of Kerala, [1978 KLT 887] interpreting Rule 44 (1) of the Kerala Co-operative Societies Rules, Justice Balakrishna Eradi and Justice Kedar held thus :