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1993 Supreme(Ker) 122

GUTTAL
Sugathan – Appellant
Versus
Joint Registrar – Respondent


Judgment :-

Petitioner No. 1, T.K. Sugathan is the President of the petitioner No.2, Pappinivattom Service Co-Operative Bank Ltd. The petitioner No.2 resolved that the elections to the Managing Committee shall be held on 7-3-1993. A copy of the resolution was eventually sent to the Joint Registrar of Co-operative Societies, the respondent herein, as envisaged by sub-rule (1) of R.35 of the Kerala Co-operative Societies Rules. The term of the present managing committee expires on 13-6-1993. The Joint Registrar of Co-operative -Societies, by his letter No.0-46/93 dated 1-2-1993 informed the petitioners that it was not possible to appoint a returning officer to conduct the elections four months before the expiry of the term of existing managing committee. The reason pointed out in the letter was his experience that where elections are held much prior to the date of expiry of the term of the existing committees, the existing committees refuse to hand over the charge to the elected committees. The thrust of this letter is that it is not desirable to appoint Returning Officer and hold elections, far earlier, than the date of expiry of the term of existing committee.

2. In this petition un














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