PRABHA PRASAD Vs. STATE OF KERALA

JUDGEMENT

(1.) The President and 5 out of the 11 members of the Managing Committee of the Punalur Scheduled Caste and Scheduled Tribes Service Co-operative Society, are the petitioners in this writ petition. They challenge Ext.P11 order whereunder, the petitioners along with others were surcharged under Section 68 of the Co-operative Societies Act (hereinafter referred to as "the Act") and were disqualified under Rule 44 of the Co-operative Societies Rules (hereinafter referred to as "the Rules"). They also challenge Ext.P12 order whereunder, consequent to Ext.P11 order, a part- time Administrator was appointed.

(2.) Heard Sri.K.C.Santhosh Kumar learned counsel for the petitioners and Senior Government Pleader Smt.Sheeja C.S. on behalf of the respondents.

(3.) On 02.02.2018, the Joint Registrar initiated Section 65 enquiry. The present Committee assumed office only on 28.05.2018. Ext.P3 report of the Joint Registrar in the Section 65 enquiry, which is dated 01.10.2018, refers to financial irregularities for the first half of the financial year ending on 30.09.2018. Pursuant thereto, surcharge proceedings under Section 68 of the Co- operative Societies Act were initiated. The said proceedings culminated in Ext.P11 order dated 12.06.2020. Under Ext.P11 the liabilities were fixed on the petitioners among others. In the very same order, they were further held to be disqualified to continue as committee members in terms of Rule 44(l) of the Co-operative Societies Rules. On the very same day Ext.P12 order is passed appointing a part-time administrator.