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1992 Supreme(Ker) 108

VISWANATHA.IYER
Justus Daniel – Appellant
Versus
State – Respondent


Judgment :-

The five petitioners were members of the managing committee of the Thirupuram Service Co-operative Bank. Admittedly the managing committee had its term upto 30th June, 1992 as per the provisions of the Kerala Co-operative Societies Act, 1969 as amended by Ordinance No. 3 of 1992. The strength of the managing committee is nine and the quorum for the committee to function is five.

2. Petitioners challenge the order Ext. P.11 by which they were disqualified from membership of the managing committee under Rule 44(3) of the Kerala Cooperative Societies Rules read with Rule 44(2)(a) and Rule 44(t)(c)(i). The reason alleged is that they were defaulters to this society or to some other societies as mentioned in the order Ext. P11.

3. A notice Ext. P1 dated 4-10-1991 was issued to these five petitioners pointing out their defaults. The first petitioner was a subscriber for a chilly for Rs. 15.000/-, which he had bid. The instalments from 15-3-1991 were in arrear despite the registered notices issued to him by the society on 27-4-1991,18-7-1991 and 27-7-1991. The second petitioner had taken a loan of Rs. 5000/- from the Neyyattinkara Government Servants Co-operative Society in whic









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