M D KRISHNAMURTHY Vs. DEPUTY REGISTRAR OF CO OPERATIVE SOCIETIES CHEPAUK
HIGH COURT OF MADRAS
DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES, CHEPAUK,
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Subba Rao, J. -
(1.) This is an application for issuing a writ, of certiorari to quash the order of the Deputy Registrar of Co-operative Societies dated 15-4-1952.
(2.) The petitioner was elected as a Director of the Triplicane Urban Co-operative Society Ltd., in February, 1952. One of the paid employees of the said Society is one Rajagopalan. The petitioner and Rajagopalan have married sisters. On 26-3-1952, the Deputy Registrar of Co-operative Societies issued a notice to the petitioner calling upon him to show cause why he should not be removed from the Board, of Directors on the ground that he was a near relative of one of the paid employees of the Society. The petitioner offered his explanation by his letter dated 9-4-1952. On 15-4-1952 the Deputy Registrar made an order declaring that the petitioner would cease to be a director of the Triplicane Urban Co-operative Society. The aforesaid petition has been filed to quash that order.
(3.) The learned Counsel for the petitioner raised before me three points (i) The by-laws and the rules governing the Society provided for an election petition and as no election petition was filed within the time prescribed the petitioner's election to the directorate cannot be questioned, (ii) The rule prescribing that near relationship as a disqualification is ultra vires the Constitution, (iii) The Deputy Registrar has no power to direct the removal of a person elected to the directorate.;
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