LAWS(KER)-1998-7-48

RASHEEDKUTTY Vs. JOINT REGISTRAR OF CO OPERATIVE SOCIETIES

Decided On July 09, 1998
RASHECDKUTTY Appellant
V/S
JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES Respondents

JUDGEMENT

(1.) The question that has come up for consideration in this case is as to whether petitioner can compel the Registrar of Co-operative Societies to issue an order of exemption so as to qualify him for contesting election in the Board of Directors of Oachira Block Rural Housing Co-operative Society.

(2.) Petitioner is at present working as Secretary of Kulasekharapuram Service Co-operative Bank. He is President of Oachira Block Rural Housing Co-operative Society which situated opposite to Kulasekharapuram Service Co-operative Bank.

(3.) Petitioner is being a paid Secretary of the Kulasekharapuram Service Co-operative Bank was not eligible to contest for election to the Board of Directors of Oachira Block Rural Housing Co-operative Society Ltd. as per Rule 44 (l) (f) of the Kerala Co-operative Societies Rules. In the year 1995, petitioner submitted an application dated 31.5.1995 to the first respondent for exempting him from the disqualification so as to contest for election to the Oachira Block Rural Housing Co-operative Society Ltd. In exercise of the power conferred under the proviso to Rule 44, the first respondent exempted petitioner from disqualification under Rule 44 (1) (f) of the Co-operative Societies Rules.