MADHAVA RAO Vs. D V K SURYA RAO MEMBER OF THE PITHAPURAM CO OPERATIVE
HIGH COURT OF MADRAS
M.S. MADHAVA RAO
D.V.K. SURYA RAO, MEMBER OF THE PITHAPURAM CO-OPERATIVE
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(1.) W. P. Nos. 632 of 1951 and 79 of 1952 : These petitions were referred to a Full Bench as conflicting views were expressed regarding the interpretation of the expression "disputes touching the business of a registered society" occurring in Section 51, Madras Cooperative Societies Act (6 of 1932), particularly in two unreported Bench decisions of this Court.
(2.) W. P. No. 632 of 1951 is the main petition and W. P. No. 79 of 1952 is consequential and the decision in the former will govern the decision in the latter also.
(3.) The dispute relates to the election of directors of the Pithapuram Co-operative Bank Ltd., by its general body. The Bank was registered as a Co-operative Bank under the Co-operative-Societies Act (Central Act 2 of 1912). A copy of its byelaws hag been filed in these proceedings and marked as Ex. A. Though the Bank was registered under the Central Act, it is deemed to be registered under the Madras Co-operative Societies Act (6 of 1932) and its bye-laws shall so far as the same are not inconsistent with the express provisions of the Madras Act, continue to be in force intil altered or rescinded. Vide Section 62. The Madras Act repealed the Co-operative Societies Act of 1912 (Central) in so far as it applied to this state. In the arguments before us, reference was made to the provisions of the Madras Act, and both sides proceeded on the basis that the question raised has to be determined by a proper interpretation of Section 51 of the Madras Act (hereinafter referred to as the "Act"). This is mentioned at the outset for the reason, that byelaw 60 of the Bank was framed in accordance with the Central Act, and its scope must be deemed to have been enlarged by Section 51 of the Madras Act.;
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