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2009 Supreme(Ker) 955

THOTTATHIL B.RADHAKRISHNAN
K. S. Subhash – Appellant
Versus
Joint Registrar Of Co-Operative – Respondent


Advocates appeared:
For the Petitioner:V.K. Sunil, Advocate. For the Respondents:Shaji Thomas Porkkattil, Advocate.

Judgment :-

"CR"

1. The fourth respondent, while a member of a credit society 'A', became a member of another credit society 'B', the third respondent. The petitioner, a member of 'B' society complained to the first respondent Joint Registrar. This Court issued Ext.P5 judgment directing the first respondent to complete the proceedings. Ext.P6 was issued by the first respondent holding that though the fourth respondent was a member of 'A' society when he became member of 'B' society, he has since ceased to be a member of 'A' society and therefore, ends of justice do not require his removal from membership of 'B' society. This is under challenge.

2. That societies 'A' and 'B' are credit societies to which Rule 17 of the Kerala Cooperative Societies Rules, 1969, hereinafter referred to as the "Rules", applies, is not disputed. The fourth respondent, admittedly, became member of the 'B' society, while he was a member of 'A' society. He applied to 'A' society and his membership in that society was cancelled as per resolution dated 19.6.2007. Petitioner submitted Ext.P4 complaint. The fact remained that the fourth respondent's membership in 'B' society stood cancelled on 19.6.2007.

3. Sub




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