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2002 Supreme(Ker) 53

KURIAN JOSEPH
C. Kunhiraman Nair – Appellant
Versus
The Joint Registrar of Co-Operative Societies – Respondent


Judgment :-

Kurian Joseph, J.

Which is the crucial date as far as disqualification on the ground of dual membership ? What is the effect if at the time of action for removal there is only one membership ?

2. Petitioner is a member of a Co-operative Society of which the second respondent is the President, Petitioner obtained the membership on 28.10.1991. It is not in dispute that at the time when the petitioner obtained the membership in the Society, he was a member of another Co-operative Society. Respondents 3 to 5, therefore, moved for disqualification of the petitioner under Rule 16 of the Kerala Co-operative Societies Rules (for short "the Rules"). This Court by the Judgment in O.P. No. 22063 of 2001 directed the first respondent Joint Registrar to take a decision in the matter. Thereafter, the first respondent heard the parties including the petitioner and passed a detailed order. Exhibit P3. In Exhibit P3, the first respondent Joint Registrar also found that the petitioner had dual membership at the time of his admission in the Society in question. True, the petitioner was not a member in any other Society at the time when respondents 3 to 5 preferred a compliant on dual member









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