LAWS(KER)-2016-1-61

ZEENA Vs. CENTRAL REGISTRAR OF CO-OPERATIVE SOCIETIES

Decided On January 08, 2016
Zeena Appellant
V/S
Central Registrar of Co -Operative Societies Respondents

JUDGEMENT

(1.) The petitioner, a promotee of a proposed Multi State Co -operative Society, assails Exhibit P5 communication of the respondent on the grounds that she cannot be compelled to obtain a 'No -Objection Certificate' from the Registrar of Co -operative Societies of the State concerned. The facts in brief are that when the petitioner submitted her application under S. 7 of the Multi -State Co -operative Societies Act, 2002, to the respondent for the registration of a Society, the respondent through Exhibit P3 required the petitioner to comply with certain objections, which include the production of a 'No -objection Certificate' and modification of bye -laws.

(2.) In the course of time, the petitioner appeared before the respondent in person and presented the documents required by the respondent. She has, nevertheless, did not produce any No -Objection Certificate from the Registrar of Co -operative Societies of the State of Kerala.

(3.) Under those circumstances, the respondent, making a specific reference to Exhibit P4 order earlier issued by him, has passed Exhibit P5 impugned order declaring that unless there is a strict compliance with the objections raised in Exhibit P3, the petitioner's request for registration of a Co -operative Society cannot be entertained. Aggrieved, the petitioner has filed the present Writ Petition.