LAWS(KER)-2009-5-132

G JASUDASAN Vs. JOINT REGISTRAR KOLLAM

Decided On May 26, 2009
JESUDASAN, G. Appellant
V/S
JOINT REGISTRAR, KOLLAM Respondents

JUDGEMENT

(1.) Review petitioner filed W.P.(C) 31536/2008 challenging an order of supersession under Section 32 of the Kerala Co-operative Societies Act, 1969, hereinafter, the "Act", for short. That writ petition was allowed by judgment dated 12-3-2009,2009(2) I.L.R. Kerala 323, 2009(2) I.L.R. Kerala 323, on the sole ground that the decision impugned therein was rendered by an officer other than the one who heard the committee which was superseded thereby. It was clarified even in that judgment that no other grounds are dealt with and that this Court has not gone into the merits or demerits of the allegations or the objections stated by the committee to the allegations made against it.

(2.) This review petition is filed by the writ petitioner on two grounds.

(3.) Firstly, it is contended that though this court noticed the writ petitioner's contention that the first respondent was duty-bound to proceed under Rule 66(5) of the Kerala Co-operative Societies Rules, 1969 rather than take action under section 32 even in the light of section 65(6) of the Act, that plea has not been considered.