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2012 Supreme(Ker) 301

C.N.RAMACHANDRAN NAIR, BABU MATHEW P.JOSEPH
Koothali Service Co-Operative Bank Ltd. Rep. By Its President K. Rajan – Appellant
Versus
Electoral Officer/Assistant Registrar Co-Operative Societies, Quilandy Circle Office Of The Joint Registrar Of Co-Operative Societies (G) Kozhikode – Respondent


Advocates Appeared:
For the Petitioners:B.S. Swathy Kumar, Smt. P.V. Sobhana, Smt. M.G. Aishwarya, Smt. V. Beena, Advocates.
For the Respondents:R1 -G.P.D. Somasundaram, R2 - P.P. Jacob, Advocates.

Judgment :-

Ramachandran Nair, J.

1. The connected Writ Petitions are filed by the same Co-operative Bank challenging the orders issued by the Joint Registrar for inclusion of additional members in the voters list. In Ext.P9 produced in WPC 6404/2012 the Assistant Registrar directed inclusion of 263 persons as members of the society eligible to vote. The names of eligible members are given in Ext.P10. It is against this proceeding of the Assistant Registrar the society has filed W.P.(C) 6404/2012. In the other W.P.(C) order under challenge is the one issued by the Joint Registrar directing inclusion of 1700 persons as members of the society. We have heard counsel appearing for the appellants, Special Government Pleader for the Government and the statutory authorities and also counsel appearing for the contesting parties.

2. The facts leading to the controversy are the following. The petitioner-society has 1849 members and the face value of each share held by members was increased from Rs.50/- to Rs.100/- in 2007 which was paid by them. While so, a special general body was convened on 11.5.2011 for the purpose of increasing share value from Rs.100/-to Rs.500/-. Altogether 31 members



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