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2014 Supreme(Ker) 432

K.SURENDRA MOHAN
Nedumon Service Co-Op Bank Ltd. represented by its President – Appellant
Versus
Joint Registrar of Co-Op. Societies (G) – Respondent


Advocates appeared:
For the Petitioner:P.N. Mohanan, Advocate.
For the Respondents:R1, D. Somasundaram, Special Government Pleader, R2 & R3, V.G. Arun, T.R. Harikumar, Advocates.

Judgment :

1. The Nedumon Service Co-operative Bank Ltd No.2720, Ezhamkulam, Pathanamthitta has filed this writ petition challenging Exhibit P3 order of the Joint Registrar who is the first respondent herein. The petitioner is a co-operative society registered under the provisions of the Kerala Cooperative Societies Act, 1969 and the Rules thereunder (hereinafter referred to as 'the Act' and 'the Rules' for short). As per Exhibit P3, the first respondent has rescinded a resolution adopted by the Managing Committee on 17.04.2014 deciding to enroll as the members of the society, as many as 485 persons. The order Exhibit P3 has been passed in exercise of the powers of the first respondent under Rule 176 of the Rules. The circumstances under which the impugned order came to be passed are summarised as under.

2. As per resolution dated 17.04.2014, which is produced as Exhibit P1, the Managing Committee of the petitioner decided to admit as the members of the Society, 485 persons. According to the petitioner, since there were complaints against the manner in which the said persons were decided to be admitted, the petitioner was issued with a show cause notice directing them to explain wh



















































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