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1960 Supreme(Ker) 426

M.A.ANSARI, M.MADHAVAN NAIR
Varghese – Appellant
Versus
Chacko – Respondent


JUDGMENT

M.A. Ansari, C.J.

1. The appellant who is a member of the Cheruvally Cooperative Society, seeks to set aside the election under the Cooperative Societies Act, of seven persons to the managing committee of the aforesaid society. These seven persons, on June 22, 1958, had been elected in the general body meeting, and two objections are taken to the aforesaid election being valid. The first of these had been raised before the Deputy Registrar of Cooperative Societies but it failed. The appellant then appealed to the Registrar, but was equally unsuccessful. Thereafter, he had invoked the jurisdiction of this court under Article 226, but the learned Judge has rejected both. The first objection is that the authorisation to the Inspector of Cooperative Societies by the Deputy Registrar to convene the general body meeting was bad, because the latter officer on the day he gave the authorisation, was without power to do what the Registrar had under the Act, and the subsequent notification by the Government, authorising the Deputy Registrar to discharge some of the functions of the Registrar, including the power to do what the Deputy Registrar had done earlier, would not save the prior

















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