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2014 Supreme(Ker) 514

P.D.RAJAN
N. Divakaran – Appellant
Versus
Joint Registrar of Co-Op. Societies – Respondent


Advocate Appeared
For the Petitioners:K. Ramakumar, Sr. Advocate, S.M. Prasanth, M. Manojkumar (Chelakkadan), Advocates.
For the Respondents:R2 & R3, V.M. Kurian, R4 to R6, S. Sreekumar (Adukkath), Advocates, R1, Government Pleader.

Judgment

1. The writ petition is filed under Article 226 of the Constitution of India to quash the order issued by the Joint Registrar (General) Palakkad on the ground that there is procedural irregularities in the order and seeking a direction to the 1st respondent to convene a meeting of the Managing committee to decide the question whether the resignation of the members from the Managing committee could be accepted or not. The petitioners are the Director Board members of the Karakurissi Service Co-operative Bank Ltd in Palakkad District. On 4.5.2009, respondents 4 to 6, who were members of the 2nd respondent, submitted their resignation, which was accepted by the President. Later, on 9.5.2009 at 10 a.m. the President convened the Managing committee meeting and referred the resignation letter to the Joint Registrar of Co-operative Societies, Palakkad for obtaining legal opinion. After getting opinion, petitioners and other members of the managing committee requested the Secretary to convene a meeting to decide on the question of acceptance of resignation, which is not possible according to the provisions of the Act. Hence the writ petition.

2. In the counter affidavit of the 1st


































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