FORMER MANAGING COMMITTEE OF KUMBLA SERVICE CO. OPERATIVE BANK LTD. AND OTHERS Vs. THE JOINT REGISTRAR OF CO. OPERATIVE SOCIETIES (GENERAL) AND OTHERS

JUDGEMENT

(1.) The appellants are the unsuccessful petitioners in W.P. (C)No.29435 of 2017 wherein they had challenged Ext.P7 order dated 25.8.2017 issued by the Joint Registrar of Co-operative Societies (General), Kasaragod, under Section 32(1) of the Kerala Co-operative Societies Act, 1969, superseding the managing committee of the Kumbla Service Co-operative Bank Ltd. No.C.324, Kumbla P.O., Kasaragod District, hereinafter referred to as 'the bank' for short. By judgment delivered on 10.11.2017, the learned single Judge dismissed the writ petition. Hence this writ appeal.

(2.) The order of supersession discloses that it was passed mainly for the reason that the managing committee of the bank had, instead of appointing 02 persons to the post of Peon (the notified vacancies), appointed 03 persons and later, manipulated the records to make it appear that they had appointed only 02 persons. It is also relevant in this context to note that one among the appointees, namely, Manjunatha, is the nephew of Rama (sister's son of Rama), a member of the managing committee of the bank and yet another person appointed, namely Vanith Kumar, (his name was later struck off) is none other than the son of Sri.Thimmappa, another member of the managing committee of the bank. The learned single Judge, after considering the rival contentions held that on the facts, no exception can be taken to the order of supersession.

(3.) When this appeal initially came up before us on 11.01.2018, after hearing learned counsel on both sides, we passed the following order.