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1983 Supreme(Ker) 207

BHASKARAN NAMBIAR
VADAKKANCHERY K. S. SANGAM – Appellant
Versus
JOINT REGISTRAR – Respondent


Judgment :-

1. Alathur Co-operative Marketing Society has conducted election to the managing committee of the Society, Under the bye-laws of the Society, four members of the committee have to be elected from the delegates representing primary member societies and three members have to be elected from among individual members. The petitioners are delegates of four societies, who were entitled to vote at the election. This fact is admitted. They submitted their nominations. It is stated that they were rejected on an absolutely wrong interpretation of R.45(1) of the Kerala Co-operative Societies Rules, which reads as follows:

"45 Disqualification of a member of a Society to be a Delegate of another Society -- (1) No members shall be appointed to represent a society in any other society and vote if, on the date thirty days prior to the date fixed for a meeting for the conduct of any election relating to the society,

(a) he is in default to the society of which he is a member in respect of any loan or loans taken by him for such period as may be specified in its bye-laws or in any case for a period exceeding three months; or

(b) he is a person against whom any decision, award or order refe


























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