M M ABDUL RAHIMAN Vs. JOINT REGISTRAR

JUDGEMENT

(1.) The petition under Art.226 of the Constitution of India, by the Cochin Cooperative Hospitals Society Limited and members of its committee, raises an interesting question. The question" is whether denial of access to administrative reports which constitute the source of information on which the notice inviting objections to the proposed supersession of a cooperative society, issued under S.32 of the Kerala Cooperative Societies Act, is based, is a violation of the principles of natural justice.

(2.) Indira Gandhi Cooperative Hospital, Cochin, is run by the petitioner No. 6, the Cochin Cooperative Hospital Society Limited, hereinafter referred to as the Society, which is registered under the Kerala Cooperative Societies Act, hereinafter referred to as the Act. The petitioner Nos. 1 to 5 are members of the managing committee of the society which is also known as the Board of Directors. The petitioners impugn the validity of the order No. 7160/1992 dated 25th February, 1993 (Ext. P9 to the petition), whereby the Joint Registrar of Cooperative Societies, Government of Kerala, the respondent No. 1 herein, in exercise of his power under S.32 of the Act, removed the managing committee of the society and appointed the Asst. Registrar of Cooperative Societies, Kanayannur, the respondent No. 3, as the Administrator of the society for a period of six months.

(3.) The respondent No. 1 served on the petitioners notice No. HM 7160/92 dated 2-12-1992 (Ext. P1). In this notice he listed 17 irregularities allegedly committed by the committee. The notice calls upon the petitioners to state their objections as envisaged by sub-s.(1) of S.32 of the Act. The notice refers to the inspection reports dated 22-8-1992, 20-10-1992 and 26-11-1992 by the Assistant Registrar of Cooperative Societies and a report dated 15-7-1992 by the District Cooperative Bank Limited. While the "opportunity to state its objections" was given by the notice dated 2-12-1992 (Ext. P1), copies of these reports were not supplied to the petitioners in spite of repeated requests. The petitioners urge that the denial of access to these reports which is the source of information on which the "opportunity to state its objections" is based, is a violation of the principles of natural justice.