- (1.) The petitioner is a member of a Cooperative Society registered under the Madras Cooperative Societies Act, 1932, and the prayer in the petition is.- For the reasons stated in the affidavit herewith filed it is prayed that this Honble Court may be pleased, by virtue of its powers under Art.226 of the Constitution of India to remove or call for all the records and proceedings including the resolutions passed at a meeting of the Nattika Firka Producers cum Consumers Cooperative Society, Valapad and dated 7.8.1955 and also the proceedings and resolutions passed at the meeting of Nattika Firka Rural Cooperative Bank Limited, Valapad and to quash the same by issue of a writ of certiorari or other appropriate writ or order. It is further prayed that the registration of the 1st respondent as Society No. F. 1251 be cancelled and all proceedings and orders relating to the appointment and continuance of respondent 3 to 8 as Directors of the 1st respondent Bank be quashed. The prayer regarding the continuance of respondents 3 to 8 as Directors is, it is agreed, a prayer that should be raised in arbitration proceedings under S.51 of the Act and is not pressed before me.
(2.) The remaining prayers are in effect directed against the validity of the resolutions that resulted in the amendment of the bye laws of the Society and the action of the Registrar in registering the said amendments. The resolutions concerned were passed at a meeting held on 7.8.1955 in pursuance of a notice dated 12.7.1955. I am unable to see anything either in the notice, Ext. P1, or in the resolutions passed (Nos. 8 and 9) at the meeting of 7.8.1955 (Ext. R1), which is in any way invalid or beyond the powers of the Society. The effect of the resolutions was to convert the Society into a Cooperative Rural Bank but that must certainly be considered as within the competence of the members at any rate when the resolutions in that behalf are passed not by a majority but unanimously. The relevant resolutions were passed unanimously (see page 55-61 of Ext. R1) and it is curious, to say the least, that the petitioner who was present at the meeting should now come forward with a petition like this under Art.226 of the Constitution.
(3.) The application for registration was made on 27.8.1955 and the registration was effected on 7.6.1956. The letter of the Special Deputy Registrar, Kozhikode, dealing with the matter reads as follows: I do hereby certify that I have registered on 7.6.1956 under Clause.(2) of S.12 of the Madras Cooperative Societies Act VI of 1932, the amendments noted below to the bye laws of your Society: Substitute the appended bye laws 1 to 63 (with appendix I and II) for the existing bye laws of your Society. (Ext. R2).;