SIDDHIKUL AKBAR Vs. NIRMALA. P.K

JUDGEMENT

(1.) THE writ petition is filed by the elected members of Kuttilanji Service Co-operative Bank Limited, challenging Ext.P14 order passed by the Joint Registrar, Co-operative Societies superseding the Managing Committee, in exercise of the power vested in it under S. 32 of the Kerala Co-operative Societies Act (hereinafter referred to as the Act).

(2.) THE factual circumstances involved in the case would disclose that the 4th respondent Society was elected in June, 2008. The term of office of the Board of Directors was to expire only by June 2013. Alleging that certain irregular appointments were being made, the Assistant Registrar issued instructions to the Board of Directors not to effect the appointments. It is alleged that despite serving the said order, the candidates who were selected were appointed by the Board of Directors. This action of the Board of Directors was taken as an act in violation of the directions issued by the Department. Hence the Joint Registrar issued Ext.P6 show cause notice dated 25.5.2012 to the Board of Directors under S. 32 of the Co-operative Societies Act.

(3.) THE petitioners have raised three specific contentions challenging Ext.P14 order. One is that there is no wilful dis- obedience or failure on the part of the Board of directors in complying with any lawful order or direction issued by the authorities under the Act, as provided under S. 32(1)(b) of the Act to invoke S. 32. Second is non-compliance of section 32(2) of the Act. The third contention is that the first respondent's action was actuated by bias in so far as the first respondent had already taken a decision that the action of the petitioners warranted supersession under section 32 of the Act, and the same officer had passed the impugned order. On these main allegations the contention urged is that the petitioners being members of the elected body cannot be superseded on raising flimsy grounds and at any rate gross illegality has been committed by the first respondent in invoking S. 32 of the Act, and hence the same is liable to be set aside.