LAWS(KER)-1996-12-25

SUDARSANAN Vs. STATE

Decided On December 04, 1996
SUDARSANAN Appellant
V/S
STATE Respondents

JUDGEMENT

(1.) These Original Petitions are filed by the President and the members of the Board of Directors challenging the order of supersession.

(2.) Pazhayakunnummel Service Cooperative Bank Ltd. is one of the oldest and biggest Class.2 Service Cooperative Bank in Trivandrum District Election to the managing committee was held on 29.12.1994 and the members have assumed charge on 1.1.1995. The term of the committee would expire on 31.12.1997. Two enquiries under S.66 of the Act were ordered by the Joint Registrar in May 1996 and July 1996 regarding the general structure and financial status of the society and against the unauthorised appointments, arrears of the executive committee members and rejection of the direction of the Registrar. On the basis of the enquiry reports submitted by the Asst Registrar a show cause notice under S.32 of the Kerala Cooperative Societies Act, hereinafter referred to as 'the Act' dated 5.8.1996 was issued to the President of the society. The request of the petitioners for the copy of the enquiry reports was not conceded. Petitioners submitted their reply on 19.8.1996. Not being satisfied with the explanation and the reply, Joint Registrar passed the impugned order of supersession dated 22.8.1996. The Original Petitions are against this order.

(3.) The main submissions made by learned counsel for the petitioners are as follows: