KUTTAPPA Vs. STATE OF KERALA

JUDGEMENT

(1.) Petitioner is the President of the Managing Committee of the Guruvayur Cooperative Urban Bank Ltd. The election to the present Committee took place on 27-11-1983 and the Committee took charge on 30-11-1983. As per Clause.28 of the Bye laws of the Bank, a copy of which is Ext. P1, the term of the Committee is 5 years from the date of taking charge.

(2.) The 3rd respondent, it appears, told the petitioner on 4-5-1988 that the term of the Managing Committee will expire on 30th June 1988 and that an Administrator will be appointed on June 1-7-1988. This alleged statement of the 3rd respondent has prompted the petitioner to file this original petition. According to the petitioner, the Committee is entitled to continue in office till 30th June 1989 and therefore the 3rd respondent's threat to appoint an Administrator is misconceived. The prayer in the original petition is therefore an anticipatory one for a direction to the respondents not to terminate the term of office of the present Managing Committee of the Bank till 30th June 1989.

(3.) The learned Government Pleader appeared on receipt of notice and opposed the petition.