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1990 Supreme(Ker) 300

THOMAS
Subair Kunju – Appellant
Versus
Trivandrum Taluk M & P. Co-op. Society – Respondent


Judgment :-

Petitioner is a member of Trivandrum Taluk Marketing and Processing Cooperative Society Ltd., (for short'the society'). He was also a member of the Board of Directors of the Society. On 12-7-90, the second respondent (a Joint Registrar of Cooperative Societies) as per Fjct.P1 proceedings removed the Board of Directors on the ground that the said Board lost its quorum. The third respondent was appointed as an Administrator of the Society in the place of the Board of Directors for a period of four months. Ext. P1 is challenged in this Original Petition.

2. Ext.P1 proceeds on the assumption that the strength of the Board is eleven. As a ma tier of fact, there were only 7 members on the Board. Out of them, two persons later resigned and the authority of another person was withdrawn by the member society, which nominated him. Consequently, the Board of Directors consisted of four persons with three vacancies. The 2nd respondent contended that the Board lost the quorum since its strength was reduced below fifty per cent.

3. Learned counsel for the petitioner contended that the strength of the Committee was only 7 and hence the resignation of two members and withdrawal of anothe














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