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2006 Supreme(Ker) 105

THOTTATHIL B.RADHAKRISHNAN
K. T. Mattachan – Appellant
Versus
The Joint Registrar (General) – Respondent


Judgment :-

This writ petition relates to Parur Taluk Merchants’ Co-operative Society Ltd. No.E.1060. An 11 member Committee came into office on 24-12-2001. Respondents 3 and 4 were elected as President and Vice President respectively and the petitioner and respondents 5 to 10 were the members of the Managing Committee. The said Managing Committee is stated to be the first elected committee after the registration of the Society.

2. The Society, not being in a financial position to adopt the statutory staff pattern, provide for the appointment of an elected member to work as Secretary in an honorary capacity instead of paid Secretary under Rule 188 of the Kerala Co-operative Societies Rules, 1969 (hereinafter referred to as the “Rules”). The petitioner, an elected member, was thus made the honorary Secretary.

3. This writ petition is filed to quash Ext.P6 proceedings by which a meeting was convened to discuss a no-confidence motion against the petitioner the honorary Secretary – and for a direction to the statutory authorities, namely, respondents 1 and 2 to refrain from proceeding with the request for consideration of the no-confidence motion. A further direction is also sought for t










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