E.SHAMSUDEEN Vs. REGISTRAR OF CO-OPERATIVE SOCIETIES

JUDGEMENT

(1.) All these writ petitions have been filed by the Presidents of various District Co-operative Banks in Kerala. In all these cases, Ext.P1 is under challenge. The writ petitions raised common question of law and hence, are heard and being disposed of together.

(2.) The petitioners in these writ petitions contend that they are Presidents of the Board of Directors of their respective District Co-operative Banks. These Banks are Central Societies registered and functioning in terms of the provisions of the Kerala Co-operative Societies Act, 1969 (for brevity, "the Act"). The Committees and Board of Directors have been engaged in a democratic manner and are functioning within the frame work of the Act, contend the petitioners. While so, the respondent issued Ext.P1 orders, whereby teams of Inspectors have been constituted for the purpose of making inquiry into the complaints received in respect of the functioning of the Banks. It is the case of the petitioners that Ext.P1 has been issued by the Registrar of Co-operative Societies and the so-called investigating team are drawn up from invisible source which itself vitiates the proceedings. Further more, the officers who are in constant interaction with the Banks in respect of the day-to-day functioning of the Banks, have been assigned the duty of inspection which is improper.

(3.) According to the petitioners, inquiry or inspection contemplated under Sec. 65 or 66 of the Act have to be within the procedural requirements prescribed for such inquiry and inspection. The procedural requirements have not been followed while issuing Ext.P1. The petitioners fear that the inspection as ordered is nothing but a prelude in initiating action under Sec. 32 of the Act. Reports will be obtained on dotted lines, contend the petitioners. The petitioners, therefore, seek to quash Ext.P1 in the respective writ petitions and seek to declare that the inspection ordered as per Ext.P1 is in violation of the requirements of law.