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1988 Supreme(Ker) 20

BHASKARAN NAMBIAR, RADHAKRISHNA MENON
ABDUL RASHEED – Appellant
Versus
STATE OF KERALA – Respondent


Judgment :-

1. The Writ petitioner is the Writ appellant. He was selected to the Board of Directors of a Co-operative Bank is June, 1984. It is said that the term of the Board is for five years. He had stood surety for a debt incurred in 1979. That debt has been paid off and the liability discharged on 25-7-1985. Thereafter, on 16-11-1985, notice was issued to the appellant asking him to show cause why he should not be disqualified under R.44 (1) of the Co-operative Societies Rules. He submitted his explanation. His defence was overruled and he was disqualified by the Joint Registrar under Ext.P3 dated 29-1-1986. A revision was taken to the Government and the Government confirmed the said decision as per Ext.P5 dated 31-5-1986. The appellant, therefore, challenged Exts.P3 and P5, however, without success. Hence this appeal.

2. Even though the learned single judge has taken pains to distinguish a Division Bench ruling of this Court which on the facts of this case, squarely binds us, we do not think that there is room for the non-application of the decision to this case.

3. In Thommen v. State of Kerala (1978 KLT. 887) interpreting Rule 44(1) of the Kerala Co-operative Societies Rules,





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