K ABDUL RASHEED Vs. STATE

JUDGEMENT

(1.) The writ petitioner is the writ appellant. He was selected to the Board of Directors of a Cooperative 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 R.44(1) of the Cooperative Societies Rules. He submitted his explanation. His defence was overruled and he was disqualified by the Joint Registrar under Ext. P3 dt. 29-1-1986. A revision was taken to the Government and the Government confirmed the said decision as per Ext. P5 dt. 31-5-1986. The appellant, therefore, challenged Exts. P3 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 Ker LT 887 interpreting R.44(1) of the Kerala Co-operative Societies Rules, Justice Balakrishna Eradi and Justice Kader held thus :-