C. UNNIKRISHNAN NAIR Vs. THE REGISTRAR OF CO

JUDGEMENT

(1.) This writ petition is filed by the petitioner seeking to quash Ext. P4 order passed by the 2nd respondent dated 10.04.2017 under Section 68(1) of the Kerala Co-operative Societies Act, 1969, and for other related reliefs. Material facts for the disposal of the writ petition are as follows:

(2.) Petitioner is the President of the 3rd respondent society and he represents the managing committee, allegedly. He was elected as such and his term extends up to 2018. One of the main activities of the Bank is advancement of loans to the members including traders and merchants. The loans had always been advanced strictly in accordance with the various circulars issued by the Co-operative Department. One of the loans advanced by the Bank is "Soubhagya Deposit Loan" (SDL). The Bank had formulated regulations for the purpose of effecting the disbursal of the loans and its recovery. In spite of the steps taken by the Bank, the Joint Registrar has initiated action under Section 68 of Kerala Co-operative Societies Act, 1969 [hereinafter called, 'the Act, 1969']. The society fully co-operated with the enquiry under Section 66 and a report was made by the Junior Inspector and Special Sale Officer. One of the members filed W.P. (C) No. 10638 of 2013, seeking action pursuant to the report. According to the petitioner, after the report was made in the year 2011, all proceedings had been dropped, which was duly reported to this Court. This Court, however, directed the Joint Registrar to pass appropriate orders after hearing all the parties within two months.

(3.) Accordingly, a hearing was conducted and everything was explained to the Joint Registrar. According to the petitioner, there is no irregularity on the part of the managing committee either in the loan transactions or in other activities of the Bank. However, in spite of valid explanations offered, out of malafide motives and on extraneous considerations and on account of the apparent political pressure, the Joint Registrar has passed an order dated 10.04.2017, directing to proceed under Section 66 of the Act, appointing the Unit Inspector, Palayam, Thiruvananthapuram as enquiry officer. Ext. P1 enquiry report is submitted by the enquiry officer, and based on which, now Ext. P4 order is passed, which, according to the petitioner, is in absolute violation of the provisions of the Act and Rules, 1969.