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1992 Supreme(Ker) 128

VISWANATHA.IYER
A. K. G. Memorial Co-op. P. D. Society Ltd. – Appellant
Versus
Joint Registrar – Respondent


Judgment :-

The facts in all these cases are similar. The point involved is the same. I shall therefore state the facts in O.P.No. 2535 of 1992 as typical of the batch.

2. The petitioner is the managing committee of the Mannarghat Cooperative Agricultural Development Bank Ltd., a co-operative Society registered under the Kerala Co-operative Societies Act, 1969 (the act). the term of the committee as per the bye-laws is five years commencing from first April. The petitioner committee, in office, had a term upto and inclusive of March 31, 1994, when its five year term expires. However, by virtue of the Co-operative Societies (Amendment) Ordinances of 1992 promulgated on February 7,1992 reducing the term of office of the managing committees of co-operative societies from .five years to three years, the petitioner's term of office got reduced upto and inclusive of March 31st, 1992. It had to lay down office on that day consequent on the amendment.

3.This was a contingency which had not been anticipated by the managing committee as its term would, but for the amendment, have extended upto March 31, 1994. On the Ordinance being promulgated and since the society will be left without an elec




























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