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1997 Supreme(Ker) 173

J.B.KOSHY
Ellakkal Service Co-operative Bank – Appellant
Versus
State of Kerala – Respondent


Judgment :-

J.B. Joshy, J.

O.P. No. 7269 of 1997 was filed by the President of the Ellakkal Service Cooperative Bank Ltd. (hereinafter referred to as 'the bank'). Election to the committee of the Bank was held on 3.2.1996 and the Board of Directors took charge on 6.2.1996. They received Ext. P1 notice initiating action under S.65 of the Kerala Co-operative Societies Act, 1969 (hereinafter referred to as "the act" ). According to the petitioners, while general body meeting of the Bank was being held on 27.7.1996 and when the meeting was going on, the then Secretary of the Bank who was on medical leave along-with his colleagues disturbed the general body meeting and he was suspended pending enquiry and because of that 2nd respondent unnecessarily interfered and petitioners approached this Court by filing O.P. No. 19335/96. Even at that time, 2nd respondent threatened that unless action is withdrawn necessary consequences will have to be faced and Ext. P1 notice itself was issued as a consequence of the malafide action on the part of the 2nd respondent. It is also stated that Ext. P1 was issued as mentioned in that order at the instance of the Assistant Registrar who has not conducted





































































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