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2004 Supreme(Ker) 256

M.RAMACHANDRAN
Mohanan – Appellant
Versus
State of Kerala – Respondent


Judgment :-

M. Ramachandran, J.

The Joint Registrar of Co-operative Societies (General), Wayanad, by Ext.Pl dated 30.12.2003, had directed the President and members of the Director Board of the Wayanad Primary Agricultural and Rural Development Bank to show cause as to why action under S.32(1) of the Kerala Co-operative Societies Act were not to be taken against them. A notice of hearing had also been offered. The complaint is that in spite of satisfactory explanation being given, by Ext. P2 dated 27.1.2004, the committee had been superseded by Ext. P3 order passed on 12.2.2004 and because of external interference. This has been subjected to challenge in these proceedings.

2. The petitioner, who is the President of the superseded Director Board, submits that the steps taken were vitiated by mala fides, without authority of law and especially were not maintainable or sustainable. The alternate remedy of appeal to the Government was not expeditious, especially taking notice of the circumstance that there was an ulterior attempt for arranging for sending a nominee of the choice of the Government to the ensuing election to the Kerala State Co-operative Agricultural and Rural Development

























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