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1997 Supreme(Ker) 235

U.P.SINGH, S.SANKARASUBBAN
Sivadasan Nair – Appellant
Versus
Registrar of Co-operative Societies – Respondent


Judgment :-

S. Sankarasubban, J.

The petitioners are the elected members of the Board of Directors of the Kerala State Co-operative Agricultural and Rural Development Bank, Trivandrum. It is an apex Bank. There are 44 primary Co-operative Agricultural Banks as its members. The present Board of Directors was elected in the election held on 2.3.1996 for a period of three years. The Board of Directors consisted of 14 elected Directors, 5 Government nominees, 2 nominated members as per S.28A of the Kerala Co-operative Societies Act, 1969 (hereinafter referred to as "the act). The Additional Secretary to Government and the Director of Agriculture and the Registrar of Co-operative Societies were ex-officio members of the Board of Directors. The Managing Director of the Bank who was appointed by the Government was also an ex-officio member of the Board of Directors. Of the 14 elected Directors, 12 of them were Directors of the previous Board also.

2. First respondent, the Registrar of Co-operative Societies issued notice dated 22.10.1996 to 12 Directors of the Board, who were Directors of the previous Board also. The notice is produced as" Ext. P2. The notice is purported to be issued under



























































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