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1973 Supreme(Ker) 85

V.BALAKRISHNA ERADI
M. C. Abdullah Kutty – Appellant
Versus
Deputy Registrar of Co-operative Societies, Trichur – Respondent


Advocates:
P.K. Shamsuddin and K.A. Abdulsalam, for Petitioner; V.M. Nayanar and K.C. Sankaran, for Respondents.

ORDER :-

The petitioner was elected as a member of the Board of Directors of the Nattika Firka Co-operative Rural Bank Ltd. which is a society registered under the Madras Co-operative Societies Act at an election held on 21-6- 1970. In November, 1970 the 4th respondent who is a member of the society appears to have moved the Deputy Registrar of Co-operative Societies, Trichur - the 1st respondent for declaring the petitioner as disqualified for a membership of the company even on the date on which he was elected on the ground that the petitioner was in default of repayment of two loans advanced by the society in respect of which repayment had already become due prior to the date of the election. The 1st respondent thereupon issued a notice to the petitioner under Rule 44(2)(a) of the Kerala Co-operative Societies Rules. 1969 as order Ext. P2 dated 4-3-1971 calling upon the petitioner to file his objections, if any, why he should not be declared to be disqualified to be a member of the committee of the society on the ground that he had defaulted payment of two instalments in repaying a loan advanced by the society. Ext. P3 is a copy of the objections filed by the petitioner. On 16-4







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