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1952 Supreme(Mad) 111

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


Advocates:
D. Narasaraju and K.B. Krishnamurthy for Petitioners.
M.S. Ramachandra Rao and The Government Pleader (P. Satyanarayana Raju) for Respondents.

Subba Rao, J.,

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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