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2008 Supreme(Ker) 206

THOTTATHIL B.RADHAKRISHNAN
L. R. Radhakrishnan – Appellant
Versus
Joint Registrar Of Co-Operative – Respondent


Advocates Appeared:For the Petitioner:V.G. Arun, Advocate. For the Respondents:M. Sasindran, Advocate.

Judgment :-

1. Petitioner, the President of the elected committee of the third respondent society, challenges Ext.P7 issued by the first respondent on 24-10-2007 appointing the second respondent administrator under Section 33(1) of the Kerala Co-operative Societies Act, 1969, the "Act", for short, on the ground that the committee has lost the quorum prescribed by Clause 15.6 of its bye-laws, following the arrest of a committee member Sri. Babychan in connection with a murder case and the committee had not met after 7-4-2007 which was the last valid meeting of the committee.

2. Thebye-laws of the society provide for a committee with nine members. Following the election on 15-12-2003, five persons were elected to the committee and they took charge on that day. A copy of the bye-laws is placed before me during arguments and put to the parties. Clause 15.6 of the byelaws reads as follows:

"15.6 The Board of Directors shall meet, once in every month as often as necessary to conduct the affairs of the Society. The quorum for such meeting shall be 5."

3. According to the petitioner, a meeting was held on 1-5-2007 and thereafter, on 31-10-2007, after the admittedly valid meeting on 7-4-2007












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