PRESIDENT THE COMMONWEALTH CO-OPERATIVE SOCIETY Vs. JOINT REGISTRAR GENERAL OF CO-OPERATIVE SOCIETIES

JUDGEMENT

(1.) The petitioner challenges an order passed by the Joint Registrar of Cooperative Societies under S.51(1) of the Travancore - Cochin Cooperative Societies Act, 1951 (Act X of 1952), hereinafter referred to as the Act, winding up the cooperative society in question and appointing a liquidator to manage its affairs. The appeal preferred before the Government against the order was dismissed by Ext. P-2 order.

(2.) The only contention raised by the petitioner is that the society should have been given notice of the proceeding to wind it up and as no such notice was given, the proceeding is bad. S.51(1) of the Act is as follows:

(3.) In Bhagwan v. Ram Chand AIR 1965 SC 1767 the Supreme Court said that an obligation to act judicially may in some cases be inferred from the relevant statute and its material provisions, that in such a case, the authority or body must act in accordance with the principles of natural justice before exercising its jurisdiction and its powers; that the obligation to follow the principles of natural justice need not be expressly imposed and that power to determine questions affecting the rights of citizens would impose the limitation that the power should be exercised in conformity with the, principles of natural justice.