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1973 Supreme(Ker) 234

V.P.GOPALAN NAMBIYAR, GEORGE VADAKKEL
DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETY – Appellant
Versus
P. K. GEORGE – Respondent


Judgment :-

1. This appeal is against the judgment of a learned judge of this Court holding that Ext. P11 order of the Deputy Registrar of Co-operative Societies, appointing an Administrator to manage the affairs of the Koodaranhi Service Co-operative Bank Ltd., was illegal. The learned judge was also inclined to think that the petitioner's allegations that the order was passed without proper care and caution and was vitiated by mala fides, was correct.

2. The Society (Bank) involved in this appeal had a Managing Committee of nine members, of which seven were elected, and two nominated. In or about July 1973, complaints appear to have been received against the conduct of three of the Directors in figuring as sureties in a number of chitties, and becoming "defaulters", under R.44 of the Co-operative Societies Rules. Notices were issued by the Deputy Registrar against these three Directors and they were removed from membership. Two of the nominated members one of them a Government Official followed with their resignations. The result was, that the strength of the Managing Committee was reduced from nine to four. This was less than the quorum required for the transaction of business, f
























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