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2022 Supreme(Ker) 175

SUNIL THOMAS
Varghese M. D S/o Devassy M. T. – Appellant
Versus
Joint Registrar of Co-Operative Societies (General) – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Sri. K.M. Sathyanatha Menon, Smt. Kavery S Thampi, Advs.
For the Respondent: Government Pleader, Jaiby Paul, Rekha. S, Sr.GP

JUDGMENT :

The petitioner is a member of the third respondent Co-operative Bank, which is a class-1 Special Grade Society. The last election to the managing committee of the bank was held on 18/11/2013 and a committee with tenure till 17/11/2018 took charge. While so, the managing committee, in its meeting held on 29/9/2016, nominated the petitioner to the casual vacancy of a managing committee member that arose on 31/8/2016, invoking section 28(1)(j) read with Rule 38(5) of Kerala Co-operative Societies Act and Rules. The petitioner was intimated by communication dated 1/10/2016. However, he claims that he never took charge as the managing committee member and had never attended any managing committee meeting thereafter. While so, in relation to certain transactions entered into by the managing committee, an enquiry was conducted by the Assistant Registrar and a report was submitted under section 66 of the Co-operative Societies Act. The committee was suspended by the Assistant Registrar by order dated 6/10/2016 and a part-time administrator took charge on 7/10/2016. The suspension of the committee and the assumption of the charge by the Part-time administrator was the subject matt

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