G. VASANTHI Vs. P. LOGANATHAN AND OTHERS

JUDGEMENT

(1.) The Core Issue: Whether a statutory enquiry under Section 81 of the Tamil Nadu Co-operative Societies Act, 1983 (hereinafter referred to as "the Act") is a pre-requisite for taking action for supersession under Section 88(1) of the Act, is the core question that arises for consideration in this intra-court appeal. The Background:

(2.) The Joint Registrar of Co-operative Societies issued a notice under Section 88(1) of the Act on 23 May 2016 calling upon the Board of Management of S1223 Chandrasekarapuram Primary Agricultural Cooperative Credit Society Ltd., to show cause as to why the Board should be superseded on account of the failure to follow the direction given by the Registrar for constitution of committee for the construction of Godowns under the Rural Infrastructural Development Fund.

(3.) The show cause notice was challenged before the High Court in W.P. No. 19416 of 2016. The writ petition was dismissed with a direction to the petitioner therein to submit his reply. The documents sought for by the Board of Directors were given. Thereafter, with the concurrence of the Financing Bank, the Joint Registrar, by order dated 24 November 2016 superseded the Board of Management invoking Section 88 (1) of the Act.