VIJU ABRAHAM
Koovappally Service Co-Operative Bank Ltd. , Koovappally. P. O. , Kanjirappally Taluk, Kottayam Rep. By Its Secretary – Appellant
Versus
State Of Kerala Co-Operation (C)Department, Represented By Its Deputy Secretary, Secretariat, Trivandrum – Respondent
JUDGMENT :
The above writ petition is filed by the petitioner, a Cooperative Bank aggrieved by Exhibit P3 order dated 28.02.2011 passed by the 1st respondent Government.
2. Brief facts necessary for the disposal of the above writ petition are as follows: Petitioner is a Co-operative Society registered under the Kerala Co-operative Societies Act, 1969 (hereinafter referred to as the ‘Act’). The committee of the society consists of 11 members. In a meeting of the committee held on 29.12.2008, though 9 members of the committee participated and they signed the attendance register and in the minutes book and attended the meeting till the end, by an inadvertent omission 5 members failed to sign the minutes after recording the resolutions in the minutes book. The 3rd respondent herein filed Exhibit P1 complaint dated 18.03.2009 before the 2nd respondent for rescinding the resolution passed on 29.12.2008 by the managing committee of the petitioner’s society alleging that there was no compliance with the provisions of Co-operative Societies Act and Rules in as much as there was no quorum for the meeting. The 2nd respondent conducted an enquiry into the allegations and rejected Exhibit P1 comp
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