SUKUMARAN
NARAYANAN – Appellant
Versus
MALOTH SERVICE CO-OP. BANK – Respondent
1. Maloth Service Co-operative Bank resolved initially to have the election of the Committee on 24-2-1985. The election did not take place on that day. The stay was granted in an Arbitration case challenging the election; the stay was later vacated. Thereafter, on 26-4-1986, the Registrar of the Co-operative Societies instructed that election should be conducted to the Society, but from the stage at which election process was stopped. The petitioner submits that the election which is stated to be conducted, must be one duly complying with S.28 A of the Co-operative Societies Act as introduced by Act 34 of 1985 which came into effect on 25-2-1986. The amendment is one containing salutary provisions. The validity of that Section which enables one seat each for a woman member and a member of the scheduled castes/ scheduled tribes has been upheld by this Court in O. P. No. 3596 of 1986-C. Ordinarily, in the absence of any other compelling reasons, any election after the introduction of S.28 A must be in conformity with that Section. There is no indication in the statutory scheme or otherwise which would justify overlooking the obligations of S.28 A in the election proposed
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.