JESUDASAN Vs. JOINT REGISTRARR OF CO OPERATIVE SOCIETES

JUDGEMENT

(1.) The petitioner describing himself as the President of the Board of Directors of the second respondent co-operative bank, challenges Ext. P9 by which the committee led by him has been superseded in exercise of authority under Section 32 of the Kerala Co-operative Societies Act, 1969, hereinafter referred to as the "Act".

(2.) The impugned decision is challenged in the writ petition as one passed in total violation of the statutory provisions and disregarding the observations contained in Ext. P5 judgment of the Division Bench in the writ appeal filed by the petitioner and others against Ext. P4 judgment in an earlier writ petition filed by them challenging the issuance of notice under Section 32(1) which, ultimately, has now led to the impugned proceedings.

(3.) Ext. P9 is challenged oh the specific ground that the said order has been issued by a person who was not the one who heard the petitioner and the other members of the superseded committee. It is contended that they were heard by Sri. Omanakuttan, Joint Registrar pursuant to Ext. P2 notice and the said officer forwarded the tentative opinion following the hearing, to the financing bank and the circle co-operative union in the course of consultation"; however that, the impugned order has been issued by Sri. B. Sivan Pillai, who holds the additional charge of Joint Registrar and is in the position of a Deputy Registrar. It is stated that Sri. Sivan Pillai did not hear the petitioner.