CHACKO VARGHESE Vs. REGISTRAR OF CO OPERATIVE SOCIETIES

JUDGEMENT

(1.) Petitioners and respondents 7 to 11 were elected to the committee of the 5th respondent co-operative society, The first meeting of the newly elected committee was scheduled to be held at 11 am on 14-11 -2008. The petitioners were, admittedly, not present at that appointed time. The Joint Register, acting on the report made by the Assistant Registrar dated 14-11-2008, issued Ext.P9 on that day, appointing a part-time administrator in exercise of authority under Section 33(1)(b) of the Kerala Cooperative Societies Act, 1969, hereinafter, the 'Act", for short. This is under challenge.

(2.) The contention of the petitioners is that as a result of the break down of the vehicle in which they were travelling, they could reach the office of the 5th respondent only by 11.20 am on 14-11 -2008 and therefore, it is not a case where they have failed to enter on office. They content that the impugned action is motivated in as much as the 6th respondent, secretary of the 5th respondent society, had acted illegally in winding up the meeting without waiting to enable the petitioners to join the meeting, affording sufficient time.

(3.) The contesting respondents take the stand that the petitioners had never come to the office of the 5th respondent on 14-11 -2008 and that they came over only in the morning on 15-11-2008 and that the pleas made by the petitioners are without any legal or factual basis.