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1973 Supreme(AP) 52

A.GOPAL RAO, V.MADHAVA RAO
S. Seetha Ramaiah Naidu – Appellant
Versus
Ongole Co-operative Bank Ltd. – Respondent


EKBOTE, C. J.

( 1 ) THIS appeal is from the judgment of our learned brother Chinappa Reddy, J. , given in Writ Petition 1441 of 1972 on 7-7-1972, whereby the learned Judge dismissed the Writ Petition.

( 2 ) THE facts in outline are : The Ongole Co-operative Bank Ltd. , has a Board of Directors, It consists of 7 Directors. The petitioner was elected to the Board of Directors in January, 1971. The term of office of a Director is three years. Accordingly , he would have normally continued till the end of December, 1974.

( 3 ) ON 29-3-1972, however, the petitioner was served with a communication from the President of the Ongole Co-operative Bank Ltd. , that he has ceased to be a Director of the Bank under bye-law 22 on account of his having absented himself from three consecutive meetings of the Board of Directors held on 6-1-1972, 14-2-1972 and 19-2-1972. It is that communication which gave rise to the writ petition.

( 4 ) IT was contended before the learned single Judge by the petitioner that bye-law 22 was ultra vires as it offended Section 21-B of the Co-operative Societies Act and Rule 24 (3) of the Rules made thereunder. The argument was that the words "ipso facto" appearing in t































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