K KUNHAMBU Vs. REGISTRAR OF COOPERATIVE SOCIETIES

JUDGEMENT

(1.) This is an appeal by the petitioner in O. P. No. 113 of 1968 from the judgment of a learned Judge of this Court in that case. The appellant is said to be the President of the Cannanore District Cooperative Central Bank Ltd., (hereinafter referred to as the Bank). It is a Society registered in 1963 under the Madras Cooperative Societies Act, 1932 (hereinafter referred to as the Act). The Bank has its registered office at Cannanore; and it started functioning with effect from 1-7-1963. The first Board of Directors of the Bank was nominated by the Registrar of Cooperative Societies, who is the first respondent in this appeal, in accordance with bye law 26A of the bye laws of the Bank. This Board would remain in office for a period of one year or for a further term not exceeding two years, if the Registrar is of the opinion that it is necessary in the interest of the Bank; but before the expiry of this term, the Board should arrange to hold a general meeting of the Bank for the purpose of electing its Board of Directors under bye law 26. The term of the first Board was extended by the Registrar; and it would expire on 21-6-1966.

(2.) A general meeting of the Board was convened on 6-6-1965 for the election of the Board of Directors. It is alleged that, at this meeting, the name of Sri. P. R. Kurup, who is the present Honourable Minister for Cooperation in Kerala, was proposed as a candidate for the Board, that objection was raised to the said nomination, which the President of the meeting accepted, that Sri. P. R. Kurup and his followers thereupon behaved in an unruly manner, and that the meeting was subsequently dissolved by the President. The appellant further alleged that a suit was then filed by a nominee of Sri. P. R. Kurup in the Munsiff's Court, Tellicherry for restraining the Board of Directors from conducting the election of a new Board. In that suit, the Munsiff passed a temporary order of injunction restraining the Board of Directors from conducting the election of the new Board, and directing that the existing Board would continue in office for a period of two months after the final disposal of the suit. The suit was not then pressed, and was dismissed on 30-10-1967. In the meanwhile Sri. P. R Kurup became the Minister for Cooperation. Consequent on the dismissal of the suit, the Board of Directors convened a general meeting of the Bank on 30-12-1967 for election of the new Board. On 27-12 1967, O. P. No 5425 of 1967 was filed in the High Court by Sri. P. H. Kunhiraman Nambiar, an Ex. M. L. A. belonging to the political party of the Honourable Minister, for a writ to restrain the conduct of the said election; and he moved for an interim order of injunction. The O. P. was summarily rejected. It is alleged that Sri. Kunhiraman Nambiar was the nominee of the Honourable Minister in that O. P.

(3.) One Sri. K. P. Raghavan Nair, said to be a senior advocate of the local Bar, had been appointed the returning officer for conducting the election on 30-12-1967. According to the appellant, the general body met at 10.30 A. M. on that day; and when the polling started, about 30 persons rushed into the polling booth and snatched away some of the ballot papers and other records. The polling was suspended, but it was restarted at 1 P. M.; and the requisite number of members were elected to the Board. Ext. P1 is a copy of the minutes of the proceedings of the election made by the returning officer. On the same day at 8.30 P. M. a meeting of the Board of Directors was held; and the office bearers were elected. The appellant was unanimously elected as the President of the Board; and the new Board took charge forthwith. Ext. P2 is a copy of the minutes of the said proceedings. This matter was reported by the appellant on the same day to the first respondent with copy to the second respondent, the Deputy Registrar of Cooperative Societies, Cannanore. Ext. P3 is copy of the said report. The election was also reported to the Kerala State Cooperative Bank Ltd., Trivandrum on the next day as per Ext. P4.