MATHEW Vs. DEPUTY REGISTRAR OF CO OP SOCIETIES

JUDGEMENT

(1.) The writ petition has been referred to a Division Bench by a learned Judge of this Court as it was felt that the question involved was interesting and important and required decision by a Division Bench.

(2.) The petitioner is a member of the Managing Committee of the Kadavoor Service Cooperative Society Ltd. which was elected in September 1976. Ext. P1 show cause notice dated 31st August 1977 was issued to him stating that he had availed himself of a loan of Rs. 10000/- under a mortgage deed from the Thodupuzha - Moovattupuzha Land Mortgage Bank and that the fifth instalment of Rs. 1258.70 due on 1-11-1976 was remitted by the petitioner only on 26-3-1977. He was thus in default to the Society for over a period of three months, and, by reason of his default he was liable to be disqualified under R.44(3) of the Kerala Cooperative Societies Rules, 1969. The petitioner's explanation was called for and after perusal of the same, by Ext. P2 order dated 23-9-1977 it was declared that the petitioner was disqualified to continue as a Committee Member from the date of acquiring the said disqualification. It is this order that is sought to be challenged in the writ petition.

(3.) At the hearing it was represented by counsel for the respondents that the question has now become academic, as the term of the Committee of which the petitioner was a Member had expired, and that fresh elections had already been held and the new Committee had assumed office. Although the issue sought to be agitated in the writ petition does not thus appear to be a live issue, having regard to the consequence of termination of the life of the Committee and the election of a fresh Committee, counsel for the petitioner pressed the question raised, and we may express ourselves. R.44(1)(c) of the Cooperative Societies Rules reads: