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1998 Supreme(Ker) 123

K.A.ABDUL GAFOOR
Mukkom Service Co-operative Bank Ltd. – Appellant
Versus
Joint Registrar – Respondent


Judgment :-

K.A. Abdul Gafoor, J.

The Board of Directors of a Co-operative Society has approached this Court with this Writ Petition challenging Ext. P3. By Ext. P3, the respondent declined the request made by the President of the petitioner Board of Directors to send a copy of the enquiry report under S.66 of the Co-operative Societies Act. During 1995 certain appointments were made in the Co-operative Society managed by the petitioner. On the basis of a letter, an enquiry under S.66 had been conducted and based on the findings in the enquiry a notice was issued to the petitioner to cancel all the appointments made and to make an application within 15 days of the receipt of Ext. P1. Ext. P1 is based on certain findings in the report. Therefore, the petitioner made Ext. P2 application in terms of R.24 of the Kerala Co-operative Societies Rules, 1961 to furnish a copy of the report, expressing his readiness to pay the necessary fees. That application is rejected in Ext. P3 stating that a report under S.66 of the Kerala Co-operative Societies Act cannot be given.

2. The petitioner submits that when a report is relied on against the petitioner, necessarily, in order to submit an explana




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