MUHAMMED ZIYAD Vs. STATE OF KERALA AND ORS.

JUDGEMENT

(1.) The petitioners, nine in number, were the elected members of the Managing Committee of the Quilon Automobile Employees Co-operative Society, having been elected on 20.06.2010. As they had been at the helm of the affairs of the Society, the first respondent issued Exhibit P1 show cause notice purportedly under Section 32 of the Kerala Co-operative Societies Act, 1969 ('the Act' for brevity) seeking explanation from the petitioners, the members of the Managing Committee, why the Managing Committee comprising them should not be superseded. Though the petitioners did submit their explanation through Exhibit P2, the first respondent eventually passed Exhibit P3 order dated 28.02.2015 superseding the Managing Committee and also appointing a Part-time Administrator. Assailing Exhibit P3, the petitioners have filed the present writ petition.

(2.) Sri.P.C.Sasidharan, the learned counsel for the petitioners, has submitted that Exhibit P3 is devoid of any reasoning, much less merit. In elaboration of his submissions, the learned counsel has laid specific emphasis on Section 32 of the Act, especially sub-sections (2) and (3) thereof.

(3.) Taking me through the statutory provisions, the learned counsel has submitted that in terms of sub-section (2) of Section 32, the first respondent ought to have consulted the financing bank and the Circle Co-operative Union before passing Exhibit P3 order. He has further contended that, if the first respondent, in any event, had come to an objective conclusion that consultation was not practicable, he ought to have, in terms of sub-section (3) of Section 32, recorded cogent reasons in that regard.