KALLADA RAMESH Vs. DIRECTOR

JUDGEMENT

(1.) The petitioners herein are the Chairman and Board of Directors of the Thiruvananthapuram Regional Co-operative Milk Producers Union ('TRCMP Union' for short). The TRCMP union is a central society registered under the Kerala Co- operative Societies Act , 1969 (for short 'the Act').

(2.) The petitioners have approached this Court challenging Exhibit P9 show cause notice by which they were called upon to respond to certain allegations levelled against them. The petitioners content that Exhibit P9 Notice is issued with mala fide intent and in a predetermined manner to supersede the society. It is in the above background that the petitioners have approached this Court seeking the following reliefs:

(3.) Sri.P.N.Mohanan, the learned counsel appearing for the petitioners submitted that the allegation in Exhibit P9 is mainly that the committee had failed to appoint a Managing Director on regular basis. It is also stated that the committee had removed certain primary societies from membership and that they had failed to give affiliation to some other societies. According to the learned counsel, none of these allegations are sufficient enough to initiate steps to supersede the society under Section 32 of the Act. He would further contend that the Managing Committee has filed a detailed objection, a copy of which is produced as Exhibit P10 as early as on 24.11.2020 and the same is pending before the respondent. According to the learned counsel, though ordinarily, this Court cannot be called upon to exercise its discretionary jurisdiction when a show cause notice is challenged, when it is made out from the records that the authority has already made up its mind and formed an opinion, this Court can interfere.