JOINT REGISTRAR Vs. GOPALAKRISHNA PILLAI

JUDGEMENT

(1.) THIS appeal is filed against the interim order dated 5. 11. 2009 in W. P. (C ). No. 31511 of 2009. Heard the learned senior Government Pleader appearing for the appellants and Sri. T. R. Harikumar, learned counsel appearing for the first respondent. In the nature of the order we propose to pass, we do not think that this Court need issue notice at this stage to the other respondents since those parties will get sufficient opportunity before the learned Single Judge.

(2.) AN interesting question has been posed by the learned senior Government Pleader touching on the interpretation of R. 44 (1) (b) of the Kerala Co-operative Societies Rules, 1969 (hereinafter referred to as "the Rules" ). In order to appreciate the question, it is necessary to extract R. 44 (1) (b) of the Rules to the extent relevant. The Rule reads as follows:

(3.) UNDER the Kerala Co-operative Societies Rules, since the society is expected to be managed independently by the elected representatives of the members, certain restrictions have been imposed regarding the qualification of the members. We are concerned with one such restriction regarding near relation of a paid employee being in the management. The learned Single Judge has taken the view that the relationship has to be understood with reference to the candidate. Thus aggrieved, the appeal at the instance of the Department.