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2006 Supreme(Ker) 817

K.S.RADHAKRISHNAN, M.N.KRISHNAN
V. A. Jose – Appellant
Versus
The Joint Registrar of Co-operative Societies – Respondent


Judgment :-

Radhakrishnan, J.

These writ petitions have been placed before us on a reference made by a learned single Judge doubting the correctness of the judgment reported in Mathachan v. Joint Registrar, (2006 (2) KLT 45). In that judgment the learned single Judge has taken the view that Rule 43A (ii) of the Co-operative Societies Rules providing 15 clear days notice for moving a no-confidence motion is only directory and not mandatory. Learned single Judge has also taken the view that while going by the scheme of meetings for consideration of no-confidence motion a person against whom the motion is moved has no right to vote in that meeting.

2. Petitioner in WP(C) No. 24820 of 2006 has approached this court seeking a declaration that Ext.P1 notice issued by the Assistant Registrar to convene the meeting to discuss the no-confidence motion is in violation of the statutory provisions contained in rule 43A of the Rules as 15 clear days notice has not been given to the members. He has also sought for a direction to respondents 1 and 2 to consider and pass appropriate order on Exts.P6 and P7 before convening the meeting on 27-9-06 and also for other consequential reliefs. Respondents
















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