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2009 Supreme(Ker) 636

ANTONY DOMINIC
K. S. Rajan – Appellant
Versus
Electoral Officer (Assistant Registrar of Co-Operative Societies (General)) Thalikulam Service Co-operative Bank Ltd. , – Respondent


Advocates Appeared:For the Petitioner:D. Somasundaram, Advocate. For the Respondents:R3, M. Sasindran, Advocate, K.S. Mohammed Hashim, Govt. Pleader.

Judgment :

Petitioner is a member of the 3rd respondent Co-operative Bank. Ext.P1 is the election notification issued by the 2nd respondent, scheduling election to the Board of Directors of the 3rd respondent on 16.8.2009. In terms of the schedule fixed in Ext.P1, preliminary voters list has been published on 24.7.2009. Objections were to be filed on or before 4

p.m on 28.7.2009 and final voters list, was to be published at 11 a.m on 30.7.2009.

2. Referring to Ext.P3 dated 17.3.2009, petitioner submits that as on that date, there were 11000 members in the 3rd respondent society. It is stated that in the General Body Meeting held on 25.3.2005, the bye laws were amended, enhancing the share value from Rs.10/- to Rs.50/-. The society submits that, as provided in Section 12 of the KCS Act, the amendment was registered on 18.9.2006. According to the petitioner since individual notices as contemplated under Section 11(2) of the Act calling upon the members to pay enhanced share value was not given about 5000 members could not pay the enhanced share value.

3. In view of this, representations were made to the Assistant Registrar and also to the Joint Registrar. Accordingly, orders were pass

















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