RAJAGOPALAN, BALAKRISHNA AYYAR, SATYANARAYANA RAO
M. S. Madhava Rao – Appellant
Versus
D. V. K. Surya Rao, Member of the Pithapuram Co-operative Bank, Pithapuram – Respondent
before whom the petitions came on for hearing made the following Order of reference:This is an application under Article 226 of the Constitution of India for issuing a writ of certiorari to quash the order of the Deputy Registrar of Co-operative Societies, Kakinada, dated 15th October, 1951, made under section 51(1)(b) of the Madras Act VI of 1932, in respect of election of Directors of the Pithapuram Co-operative Bank, held on 28th July, 1950. The question in this writ is whether a dispute in regard to the election of the members to the Board of Management is one touching the business of a registered society within the meaning of section 51(1) of the Madras Co-operative Societies Act. There are two Bench decisions of this Court expressing conflicting views on the interpretation of the words “Touching the business of the Society”. I find it rather difficult to steer clear of the conflict. Rajamannar, C.J. and Viswanatha Sastri, J., in C.M.P.Nos.6730 and 7779 of 1950 held that a dispute in regard to the expulsion of a member is a dispute touching the business of a registered Society whereas Govinda Menon and Panchapakesa Ayyar, JJ., held in W.P.Nos.3317 and 318 of 1951
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