RAGHAVAN Vs. JOINT REGISTRAR

JUDGEMENT

(1.) The petitioner in O.P. No. 13397/96 is the appellant. Petition is a member of the Board of Directors of the Cannanore Cooperative Hospital Society. The first respondent issued a notice under S.32 of the Kerala Cooperative Societies Act, 1969 (for short 'the Act') to the President of the Cooperative Society to show cause why the Board of Directors should not be superseded. According to the petitioner, he was not given any notice under S.32(1) of the Act and as he is a member of the Board of Directors, he is entitled to get a notice regarding the supersession. Therefore, he filed the Original Petition praying that the first respondent shall be directed to issue notice to the petitioner stating the grounds on which the first respondent proposes to take action under S.32 of the Act Learned single Judge declined to grant the relief sought for and dismissed the Original Petition. This Writ Appeal is directed against that judgment.

(2.) We heard counsel for the appellant. It was contended before us that under S.32(1) of the Act, the first respondent was bound to give notice under S.32(1) to each member of the Board of Directors of the Society. S.32(1) of the Act reads as follows:

(3.) Learned counsel for the appellant further contended that if any supersession order is passed pursuant to S.32(1) notice, the persons, who are members of the superseded Board of Directors, are entitled to re-elect as members of the Board of Directors for a period of one year as per R.44(k) of the Kerala Cooperative Societies Rules, 1969. It is contended that if any supersession order is passed, it would visit the petitioner with civil consequences and, therefore, he is entitled to get notice. Of course, petitioner has a right to get notice. But as he is a member of the Committee, the notice will be received through the President of the Committee. So long as there is no individual right of notice under S.32(1) of the Act, it cannot be said that the petitioner should be issued With separate notice.