DEVAN RAMACHANDRAN
Swathy Mohan – Appellant
Versus
Joint Registrar of Co-Operative Societies (General), Kollam – Respondent
DEVAN RAMACHANDRAN, J.
1. One of the most potent and effective weapons in the statutory armamentarium of the Registrar of Co-operative Societies, to check arbitrary actions of a co-operative Society, is the power to rescind their resolution/s under Rule 176 of the Kerala Co-operative Societies Rules (the KCS Rules for brevity).
2. Every Co-operative Society is a body corporate with perpetual succession and a common seal as provided under Section 9 of the Kerala Co-operative Societies Act (the KCS Act for brevity) and they can, therefore, act only as per resolutions adopted by them. The power of a Registrar to rescind such resolutions, albeit, in certain enumerated circumstances, is thus the most effect check on capricious and illegal exercise of discretion by the Societies.
3. The above being indisputably so, a learned Division Bench of this Court in Smt. Sivaprabha vs. Joint Registrar of Co-operative Societies, W.A. No. 2119/2016, has held as under:
“The law is well settled that the power to rescind a resolution under Rule 176 of the Kerala Co-operative Societies Rules, 1969 cannot be invoked to annul an employment in a co-operative bank. Resort should be had to Section 69(2
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