MANAGING COMMITTEE OF KANDALOOR FARMERS SERVICES CO OP BANK LTD Vs. JOINT REGISTRAR OF CO OPERATIVE SOCIETIES

JUDGEMENT

(1.) These writ petitions are by the managing committee of a Co-operative Bank. That committee was superseded as per order dated 20-2-2008 which is marked Ext.P11 in WP(C).7339/2008. WP(C).4661/2008 was filed challenging the notice dated 29-1-2008 issued under Section 32(1) of the Kerala Co-operative Societies Act, 1969, hereinafter referred to as the "Act". That document is Ext.P4 in WP(C).7339/2008. Noticing the different contentions in WP(C).4661/2008, an interim order was issued on 8-2-2008 in that case. It was thereafter that the order impugned in WP(C).7339/2008, Ext.P11 therein, was issued by the Joint Registrar exercising the powers of the Registrar. The implementation and all further proceedings pursuant to that order stand stayed as per interim order dated 3-3-2008 granted at the stage of admission of WP(C).7339/2008.

(2.) Having regard to the pleadings, materials and the issued arising for decision, these writ petitions are heard jointly and are being decided as per this common judgment by making reference to the documents as are placed in WP(C).7339/2008.

(3.) In the gist, the contentions of the petitioner are that the issuance of Ext.P4 notice and Ext.P11 order under Section 32 lacks jurisdictional foundation and is arbitrary and mala fide. It is contented that in answer to Ext.P2 notice under Section 65(5) of the Act, the petitioner submitted Ext.P3 reply and no decision was rendered thereon; but what ultimately followed was Ext.P4 notice under Section 32 and that the same cannot be the outcome of a proceedings under Section 65(5). It is further contended that the specific objections placed as per Ext.P10, with reference to the ten enumerated grounds in Ext.P4, have not been considered, while issuing Ext.P11 as is expected of an administrative authority, bestowed with statutory power. It is submitted that the impugned decision has been made without adverting to and considering relevant materials.