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2016 Supreme(Ker) 836

DAMA SESHADRI NAIDU
N. Rajan – Appellant
Versus
State of Kerala – Respondent


Advocates Appeared:
For the Appellant :M.K. Damodaran (Sr.), P.K. Vijayamohanan, Alan Papali, Gilbert George Correya and P.S. Nishil, Advocates
For the Respondent:A.J. Jose Aedaiodi, Government Pleader, B.S. Swathy Kumar, Remya Murali and Venkatesh Gopi, Advocates and K. Mohanakannan, Advocate

JUDGMENT :

Dama Seshadri Naidu, J.

The petitioner, a member of the fourth respondent Co-operative Society under the management of the third respondent Administrative Committee, assails Exhibit P3 order issued by the Joint Registrar of Co-operative Societies, the second respondent, permitting the third respondent to fill up ten posts of Salesman/Peon lying vacant in the Bank.

2. As seen from the record, the term of the earlier Managing Committee came to an end in August 2011 for want of quorum; as a result, on 29.08.2011, the third respondent Administrative Committee was appointed. Though the Society initially proposed to have the election on 28.10.2012, the proposal could not materialise because of the pending litigation. It is represented that SLP No. 17632/2013 is pending before the Honourable Supreme Court, in which status quo orders have already been granted.

3. In the light of the pending litigation, as there is no possibility of having a regular election to the Managing Committee in immediate future, the third respondent has proposed to fill up the vacancies in the Bank. Accordingly, acting on its representation, the second respondent issued Exhibit P3 order permitting the third





















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