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1984 Supreme(Ker) 84

BALAKRISHNA MENON
SHERTHALLAI URBAN CO. OP. BANK LTD. – Appellant
Versus
STATE OF KERALA – Respondent


Judgment :-

1. OP. No. 9745 of 1983-P.

This OP. is by the Shertallai Urban Co-operative Bank Ltd. (hereinafter referred to as the Society) represented by its President. The society is being managed by a committee constituted as per its bye-laws and in accordance with S.28 of the Kerala Co-operative Societies Act 1969 (hereinafter referred to as the Act). The present committee was elected to office on 1-7-1982 at a time when the society was a Class III credit society. The 2nd respondent, the Joint Registrar of Co-operative Societies, Alleppey as per his proceeding Ext. P1 dated 13-1-1983 upgraded the Society as a Class II credit society with effect from 1-7-1982. The concluding portion of Ext. P1 directs that appointments to be effected on account of the classification of the society as a class II credit society can only be with the prior approval of the joint Registrar. This part of Ext. P1 order is sought to be quashed in this writ petition. The society had even earlier requested the Joint Registrar to conduct a written test for the purpose of selection and appointment of a Secretary for the society. The Joint Registrar had on 11-10-1982 informed the Society that a written test of


















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