CHERANELLUR CO-OPERATIVE SOCIETY Vs. DEPUTY REGISTRAR

JUDGEMENT

(1.) The petitioner in this original petition is a cooperative society represented by its President. The grievance of the petitioner is against Ext. P1 proceedings of the 2nd respondent Assistant Registrar of Cooperative Societies ordering an enquiry into the constitution, working and financial conditions of the petitioner society under S.65 of the Kerala Cooperative Societies Act, 1969, for short the Act. The main contention of the petitioner is that Ex. P1 proceedings are vitiated for the reason that R.66(1)(c) of the Kerala Cooperative Societies Rules, 1969, for short the Rules, is not complied with.

(2.) The election to the Board of Management took place on 23-9-1973 and the present Board assumed office on 7-10-1973. As per the bye laws of the society, two members were to be nominated by the Registrar and accordingly two members of the society who were defaulters and hence disqualified to be nominated were, as a matter of fact, nominated. This was challenged by the petitioner before this Court in O. P. No. 3965 of 1973 and the nomination questioned therein was stayed by this Court as per order dated 12-12-1973. According to the petitioner, the 1st respondent Deputy Registrar of Cooperative Societies and the other officers of the department began to take an antagonistic attitude towards the society in view of the filing of the above original petition. The petitioner's further case is that Ext. P1 proceedings of the 2nd respondent ordering an enquiry under S.65 of the Act is the result of the above unhelpful attitude of the respondent.

(3.) A counter affidavit has been filed on behalf of the 1st respondent and in Para.11 of the above counter affidavit the allegation of mala fides against the respondent is denied.