A.JANAKIRAMAN Vs. RAILWAY EMPLOYEES CO-OPERATIVE

JUDGEMENT

(1.) Heard learned counsel for the appellant, Ms.D.Nagasaila.

(2.) The appellant filed a writ petition seeking declaration that the continuation of the second respondent, and his inter-changing position as Chairman and Vice-Chairman, be declared as illegal in respect of the Railway Employees Co-operative Credit Society Limited, in as much as the provisions of Section 44 of the Multi State Co-operative Societies Act, 2002 (for brevity, "the 2002 Act") are being wrongly interpreted and implemented with a mala fide intention to enable the second respondent to continue.

(3.) Learned counsel has invited the attention of the Court to Section 37 of the repealed Multi State Co-operative Societies Act , 1984 and Section 44(2) of the 2002 Act, coupled with the Bye-laws of the society to substantiate her submissions. Learned counsel submits that the Bye-laws were amended with the sole intention of allowing the second respondent to retain his position in the society. The contention is that such continuance on the strength of such manipulation deserves to be struck down.