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1974 Supreme(Ker) 88

GEORGE VADAKKEL
MAVELIKKARA CO-OPERATIVE HOUSING SOCIETY LTD. – Appellant
Versus
ALLEPPEY DIST. CO-OPERATIVE BANK – Respondent


Judgment :-

1. The Administrator appointed under S.32 of the Kerala Co-operative Societies Act, 1969 (for briefness, the Act), to manage the affairs of the 1st respondent society in exercise of his powers under sub-section (4) and in compliance with the provisions of sub-section (5) of S.32 took steps to constitute a new committee for that society. It is common case that he communicated his decision to hold an election to the 2nd respondent, and that the latter appointed the 3rd respondent as the Returning Officer under R.35 (2) of the Kerala Co-operative Societies Rules, 1969 (for short, the Rules). The 3rd respondent issued Ext. P1 notice dated 26 71973 convening the general body meeting as on 19 81973 for poll. In compliance with R.35 (3) (b) of the Rules the list of.members qualified to vote was prepared and the same was published on 7-8-1973. However, the election did not take place on that day for the reason that the same was stayed by Munsiff's Court, Alleppey. The stay order was vacated only on 15101973. The 3rd respondent, Returning Officer thereafter issued another notice fixing the date of poll as on 11-11-1973 and stating that the election would be held on the basis of













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