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2008 Supreme(Ker) 150

THOTTATHIL B.RADHAKRISHNAN
O. P. Moideen, President – Appellant
Versus
Registrar of Co-Operative Societies – Respondent


Advocates Appeared:For the Petitioner:George Poonthottam, Advocate. For the Respondent: A.G. Aneetha, Government Pleader.

Judgment :

1. What is the quorum for a meeting of the committee, of a co-operative society, in which Government have nominees?

2. The petitioner is the President of a Society to which section 31 of the Kerala Co-operative Societies Act, 1969, hereinafter, the “Act”, applies. The respondent, Registrar, issued Ext.P8 on the ground of lack of quorum for the meeting of the committee of that society, held on 8-8-2007. Hence, this writ petition.

3. Therelevant facts lie within a narrow compass. Clause 11.1 of Ext.P1 Bye-laws of the society provides that the committee shall consist of no more than 19 members, in terms of the classification in that provision. The Government has nominated three persons to be members of the committee in terms of section 31 of the Act. The meeting in issue was attended only by 11 members of the committee. The impugned Ext.P8 is issued taking the view that the total number of members of the committee is 22 and therefore, the quorum for a meeting of the committee shall be 12 in terms of section 28(5) of the Act.

4. The writ petitioner pleads that the quorum has to be determined without revoking the members nominated in terms of section 31 of the Act and with ref






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