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2008 Supreme(Ker) 204

THOTTATHIL B.RADHAKRISHNAN
S. Nataraj Gownder – Appellant
Versus
Registrar And Dy. Director Of Dairy – Respondent


Advocates Appeared:For the Petitioners:O.V. Radhakrishnan, (Sr.) Advocate. For the Respondents:Rajesh Sivaramankutty, Advocate.

Judgment :

1. The committeeof the second respondent society consisted of nine members. On 27-11-2007, an urgent meeting of that committee was held at 5 p.m. to accept the resignation letters of the petitioners, who are 2 in number and of respondents 4 and 5. Ext.P15 will show that respondents 4 and 5 had written to the President that they are withdrawing their resignations. The committee accepted such withdrawal, going by Ext.P15. It is not in dispute that another member G. Veluswamy Gownder had tendered his resignation on 30-11-2007 and the committee accepted it on 9-10-2008.

2. The resignation of the petitioners and the aforesaid Veluswamy, not being in dispute, the number of members of the committee is reduced from 9 to 6, which is sufficient to sustain the committee, going by the quorum rule.

3. According to the petitioners, respondents 4 and 5 having tendered their resignations, they were not entitled to withdraw such resignations since, in terms of the Explanation to Section 33(1) of the Kerala Co-operative Societies Act, 1969, hereinafter referred to as the "Act", "a tender of resignation" by a member of the committee shall have the effect of terminating his membership from t












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