S.C.V. GOPAL, CHIEF PROMOTER, TAMIL NADU ROAD TRANSPORT FINANCING CO-OPERATIVE SOCIETY LIMITED Vs. JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES

JUDGEMENT

(1.) THE petition comes before us because Palaniswamy, J., found that he could not agree with Kailasam, J., in Sami Rao v. The Registrar of Co -operative Societies W.P.No. 113 of 1966 . on the effect of the second proviso to Section 27(1) of the Tamil Nadu Co -operative Societies Act, 1953, read with the relative bye -laws. The petitioner claims to be the promoter of Tamil Nadu Road Transport Financing Co -operative Society Ltd., Madras. He seeks to quash the order of the Joint Registrar of Co -operative Societies, dated 14th March, 1970 by which he nominated eight persons as members of a committee of management for the society. The society was promoted by the petitioner and nine others. Out of the eight persons, five are non -members, of whom one is the Deputy Registrar, for whose inclusion there is no objection. The Joint Registrar in nominating the members of the committee acted in exercise of his power under the second proviso to Section 27(1) of the Act read With bye -law 20 of the bye -laws of the society. Section 27(1) relates to the appointment of committees. The general body of a registered society shall constitute a committee in accordance with the bye -laws and entrust the management of the affairs of the registered society to such committee. By the first proviso power is given to those persons who have signed the application to register the society to appoint a committee to conduct the affairs for a period of three months from the date of registration of the society, or for such further period as the Registrar may consider necessary. The committee so appointed shall however cease to function as soon as a committee has been constituted in accordance with the bye -laws. Then comes the second proviso which has provided further that where the bye -laws so provide, the Government or the Registrar may nominate all or any of the members of the committee for such period as may be specified in the bye -laws . Bye -law 20, relates to the constitution of the committee and this bye -law contains the transitory bye -law which is: