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2005 Supreme(Ker) 276

THOTTATHIL B.RADHAKRISHNAN
Murali – Appellant
Versus
Joint Registrar – Respondent


Judgment :-

Petitioner is the President of the second respondent society. He seeks to challenge Ext.P.13, which is an order issued in exercise of the powers under S.68(1) of the Kerala Co-operative Societies Act (hereinafter referred to as ‘the Act’). The issue raised is that the petitioner was entitled to be heard before the issuance of an order in the nature of Ext.P13 in view of R.66 of the Kerala Co-operative Societies Rules (hereinafter referred to as ‘the Rules’). Sub-r.5 of R.66 provides for a rule of hearing before the Registrar decides to issue orders. R.66 of the Rules is directly relatable to the proceedings under Ss.65 and 66 of the Act. This means that while the Registrar proceeds to issue directions as are contemplated under S.66, the Society is entitled to be heard before any such order is issued. This does not necessarily mean that before the Registrar of Co-operative Societies takes a decision under S.68(1) of the Act, the societies will have to be heard. In my considered view, if the contention of the petitioner is accepted as such he will have to be afforded an opportunity of hearing, firstly, before the Registrar of Co-operative Societies takes a decision to pro


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