LINGAMNENIPEDA KUTUMBARAO Vs. THE REGISTRAR OF CO

JUDGEMENT

(1.) This is a petition under Article 226 of the Constitution for the issue of a writ of certiorari or any other appropriate writ, order or direction to quash the order passed by the Registrar of Co-operative Societies, Andhra Pradesh, in R.C. No. 75311/56/C-1 dated 8th December, 1956, by which he cancelled with immediate effect the nomination of the petitioner as Director of the Krishna District Co-operative Marketing Society Ltd., Vijayawada, hereinafter called the 'Society'.

(2.) The Society is a registered co-operative society under the Madras Co-operative Societies Act of 1932, having its office at Buckinghampet, Vijayawada. Its operations extend to the entire revenue district of Krishna. The executive management of the affairs of the Society vest in a Board of Directors, consisting of 11 members, who hold their office for a period of three years as prescribed by bye-laws 14 and 15 of the Society. Bye-law 15 further contains a transitory provisions that the first set of the Board of Directors shall be nominated by the Registrar of Co-operative Societies. The bye-law reads thus:-

(3.) The Society was registered on 29th January, 1956 and in pursuance of the transitory bye-law 15, the Registrar of Co-operative Societies nominated 10 persons as Directors for a period of three years with effect from 1st February, 1956, by proceeding in his R.C. No. 115580/55-B, dated 3st January, 1956. The petitioner was one of the persons nominated as Directors under the said order. Forthwith the petitioner took charge of his office and was attending to his duties as Director.