NEDUMANGAD GOVERNMENT EMPLOYEES HOUSING CO OPERATIVE SOCIETY LTD. Vs. JOINT REGISTRAR OF CO OPERATIVE SOCIETIES

JUDGEMENT

(1.) This appeal is preferred against the judgment of the learned single Judge declining to interfere with the inspection ordered into the affairs of the appellant society by the Joint Registrar by Exhibit P1. The learned counsel appearing for the appellant contends that the appellant is a Primary Housing Co-operative Society and that Exhibit P1 order, which was under challenge in the writ petition, was passed without considering the mandatory provisions of the Co-operative Societies Act and the Rules. It is submitted that Exhibit P1 only refers to an inspection under Sec. 66 of the Co-operative Societies Act and does not specify the sub-sec. under which the inspection is sought to be conducted. Further, it is submitted that the recommendation was forwarded by the 2nd respondent, and there is no satisfaction of the Registrar that an inspection is liable to be conducted into the affairs of the society.

(2.) Further, relying on the decision of a Full Bench of this Court in Kudayathoor Service Co-operative Bank Ltd v. Joint Registrar of Co-operative Societies (General) (2022 (3) KLT 222 (FB)], it is contended that an opportunity of hearing is provided for wherever adverse orders are contemplated and therefore even on a recommendation of the Assistant Registrar, the Society is to be put on notice and heard before a subjective satisfaction is entered by the Joint Registrar that an enquiry and inspection is necessary.

(3.) Relying on an unreported judgment of this Court in The Board of Management of Perumpazhuthoor Service Co-operative Bank Ltd. v. Shaibu S [WA.No.342 of 2022], it is contended that an inspection of the books of a society can be ordered by the Registrar invoking the power under Sec. 66(2) of the Act on specific point or points and no roving inspection is contemplated. The decision of a Division Bench of this Court in Melukkara Service Co-operative Bank Ltd. v. Joint Registrar (General) District Co-operative Society [2018 (2) KLT 640] is also relied on.