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1994 Supreme(Online)(Ker) 198

KERALA HIGH COURT
, J
Board of Directors of the Kottappady Service Cooperative Bank Ltd. – Appellant
Versus
Joint Registrar of Cooperative Societies, Ernakulam – Respondent


1The appellant - Board of Directors of the Kottappady Service Cooperative Bank Ltd., No. E-125-represented by is President - is the petitioner in O. P. No. 7473 of 1994.

2 The present Board of Directors of the Kottappady Service Cooperative Bank Ltd. No. E-155 (hereinafter referred to as the Bank) was elected on 12-7-1992. The Board of Directors took charge on 14-7-1992. As per Clause.35 of the by laws of the Bank, the term of office of the managing committee is for a period of two years from the data of election. Therefore the term of office of the present Board of Directors of the Bank was due to expire on dt. 11-7-1994.

3 A special general body meeting of the Bank held on 14-3-1993 amended Clause.35 of the bye laws of the Bank stipulating the term of the Board of Directors as three years instead of two years. Even though the amendment of the bye laws was forwarded to the 1st respondent, Joint Registrar of Cooperative Societies, Ernakulam, for registration, the 1st respondent refused to register the amendment on the ground that the general body meeting was convened without giving seven clear days notice as prescribed in the bye laws. Consequently the amendment to Clause.35 of the b



























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