JANARDHANAN PAMBANAL Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioners, who are elected members in the Managing Committee of the 5th respondent Bank, which is a Society registered under the Kerala Cooperative Societies Act, 1969 and the rules made thereunder, have filed this writ petition under Art. 226 of the Constitution of India, seeking a writ of certiorari to quash Ext.P13 order dated 8.11.2018 of the 3rd respondent Joint Registrar of the Society, whereby an inquiry under Sec. 68(1) of the Act has been ordered in the working of the said Society on the matters enumerated therein, by appointing the 4th respondent herein, who is the Assistant Registrar of the Co-operative Societies, as the Inquiry Officer. The petitioners have also sought for a writ of certiorari to quash Ext.P14 notice dated 1.12.2018 issued by the 3rd respondent Joint Registrar under Sec. 32(1) of the Act, whereby the members of the Managing Committee have been asked to show cause why proceedings under Sec. 32(1) of the Act shall not be taken for supersession of the Managing Committee. The petitioners have also challenged Ext.P17 order dated 15.12.2018, which is an order of supersession issued by 3rd respondent Joint Registrar invoking his powers under Sec. 32(2) of the Act.

(2.) On 21.12.2018 when this writ petition came up for admission, the learned Special Government Pleader took notice on admission for respondents 1 to 3. This Court issued urgent notice on admission by special messenger to respondents 4 and 5, returnable on 3.1.2019. The learned Special Government Pleader was directed to ensure that the statement of the official respondents are placed on record by 3.1.2019. It was made clear that the Administrator appointed in terms of Ext.P17 order shall not take any policy decision, enroll new members or make any appointment and he shall do only the day-to-day affairs of the 5th respondent Society.

(3.) By order dated 5.2.2019 in I.A.No.1/2019, the Part-time Administrator was impleaded as additional 6th respondent.