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1984 Supreme(Ker) 133

K.BASKARAN, M.P.MENON
P. S. JOHN – Appellant
Versus
KERALA STATE C. R. M. F LTD. – Respondent


Judgment :-

1. The petitioner in OP. No. 5206 of 1984 challenged Ext. P7(a) proceedings of the 2nd respondent-Deputy Registrar of Co-operative Societies (Audit) Ernakulam, who was the returning officer in respect of election to the Board of Directors of the Kerala State Co-operative Rubber Marketing Federation Ltd. No. 4331 (hereinafter called 'Federation').

2. In terms of Clause.14 of the bye-laws of the 1st respondent-Federation a delegate who could exercise vote in the election to the Board of Directors of the Federation should be a director of the affiliated society. The appellant-petitioner has no case that he is one of the directors of the society of which he is a member. It is the admitted fact that during the material time, he was only a member of that society.

3. It is for the reason that the appellant-petitioner was only a member, not a director of the society, in terms of Clause.14 of the bye-laws of the Federation the returning officer rejected the appellant-petitioner's nomination to be a delegate. In support of his contention the appellant-petitioner submitted that Clause.14 of the bye-laws of the Federation is clearly ultra vires the provisions of the Kerala Co-operati









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