Strict compliance with the prescribed procedure under S.33 is required for the appointment of an Administrator in a co-operative society.

Petitioner is the Secretary of the Electricity Board Employees Co-operative Society (the Society). The petitioner was a member of the managing committee (committee for short) of the society which was elected on 11-10-1985. The term of the committee was three years, as the byelaw stood then. But the general body of the society had passed a resolution Ext. P1 on 28-4-1985 to extend the term of the

committee to five years. It is said that an application Ext.P2 for registering the amendment of the byelaws was sent to the second respondent Assistant Registrar on 2-5-1985, but the matter has not been dealt with or orders passed so far. In the absence of any reply to Ext, P2, the committee passed resolution on 19-6-1988 proposing to hold election to elect a new managing committee on 9-9-1988 and requesting the second respondent to appoint a returning officer for the purpose of holding the election. Since the term of the managing committee was expiring on 30-6-1988, they also made a request to the Joint Registrar to extend its term till 9-9-1988. Copies of the resolution were forwarded to the second respondent along with Ext. P1 dated 28-4-1985, but instead of acceding to the request made, the first respondent Joint Registrar appointed as Administrator for the society by his proceedings Ext.P5 dated 6-7-1988. The reasons stated was that the committee was over staying beyond its term, after 30-6-1988, and therefore, a part-time Administrator had to be appointed to manage its affairs. This proceeding Ext.P5 was passed without following the procedure prescribed in S.33 of the Kerala Co-operative Societies Act, (the Act) as the first respondent felt "convinced" that it was not reasonably practicable to publish the notice contemplated in the section. Petitioner filed this original petition challenging Ext.P5, and obtained an interim order of stay of appointment of the Administrator. The order of stay has continued till this date and it is said that the elected committee continues to manage the affairs of the society.

2. There is no counter affidavit filed by any of the respondents. But, it is stated at the hearing, by the learned Government Pleader, that the second respondent has not received the application Ext.P2 for registration of the amendment to the byelaws. He also seeks to justify the appointment of the Administrator.

3. In the face of the denial of receipt of Ext.P2 by the respondents, it cannot be said that there is any failure on their part to consider the application for registration of amendment of the byelaws. The only question that therefore, arises for consideration is whether Ext.P5 is illegal for any reason.

4. The committee elected on 11-10-1985 had continued in office till 30-6-1988. There is no controversy about it. They had also passed resolution to hold election to the managing committee on 9-9-1988, with request for appointment of a returning officer and for extension of the committee's term till 19-9-1988. It was then that the Joint Registrar imposed the Administrator on the society.

5. The appointment of an Administrator is a matter of serious import for the society, and its members. Thereby the democratically elected committee is superseded and a nominee of the department assumes control and management of the society. The rights of the members to have the administration carried on by their duly elected

Representatives stand suspended. The normal mode of functioning for any such society is through its elected managing committee. If this is to be given the go by, it should only be for valid grounds, and after due and strict compliance with the provisions of the statute governing the matter. S.33 justifies he appointment of an Administrator in certain circumstances. The fact that a new committee cannot be constituted before the expiry of the term of office of the existing committee is a ground for appointing an Administrator under S.33(1). The proviso to S.33(1) however enjoins that before appointing an Admini