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2008 Supreme(Ker) 108

K.HEMA, J.B.KOSHY
G. Subodhan – Appellant
Versus
State Of Kerala, Represented by The Secretary to Government – Respondent


Advocates Appeared:For the Petitioner:George poonthottam, Advocate. For the Respondents:TR Harikumar,Advocate

Judgment :-

J.B. Koshy, J.

When an elected delegate of the primary society ceases to be a member of the Board of Directors of the Apex Society, on the basis of the ‘default’ committed by the affiliated primary society under Rule 46(2) of the Kerala Co-operative Societies Rules, is the question considered in this case. Appellant is a member of the Board of Directors of the 3rd respondent, Thiruvananthapuram District Cooperative Bank representing a primary society namely Handloom Weavers Co-operative Society under Rule 44 A of the Kerala Co-operative Societies Rules, 1969 (hereinafter referred to as the “Rules’). He was elected by the above affiliated primary society to be member of the 3rd respondent Bank which is an Apex Co-operative society. The 3rd respondent Bank of the appellant’s primary society. Ext.P1 notice was issued by the 2nd respondent, Registrar of Co-operative Societies, that the primary society in which appellant is registered committed default and therefore he ceased to be a member of the Board of Directors (Managing Committee) of the Co-operative Bank under Rule 46

(e) and Clause 27(b) of the Byelaws of the 3rd respondent Bank. There were three loan accounts for the






























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