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1994 Supreme(Ker) 245

K.NARAYANA KURUP
PANICKER KADAVU CONSUMER CO-OPERATIVE SOCIETY LTD. – Appellant
Versus
REGISTRAR OF CO-OPERATIVE SOCIETIES – Respondent


Judgment :-

( 1 ) HEARD learned Govt. Pleader also.

( 2 ) THE petitioner is a co-operative society represented by its Secretary. The prayer in the original petition is for the issuance of a writ of certiorari to quash Ext. P-3 and for other incidental reliefs. Ext. P-3 is an order of the second respondent Joint Registrar of Co-operative societies Kollam proposing to conduct an enquiry against the petitioner society under Section 65 of the Kerala Co-operative Societies Act (hereinafter referred to as 'the Act') and authorising the Asst. Registrar (Arbitration and Execution I) as an authorised officer to conduct the enquiry in that regard. The Asst. Registrar is directed to submit enquiry report within one month from the date of Ext. P-3.

( 3 ) THE grievance of the petitioner against Ext. P-3 is that it has been issued pursuant to the direction issued by the Minister for Co-operation which is referred to as item No. 1 in Ext. P-3. According to the learned counsel for the petitioner, the enquiry under Section 65 of the Act can be conducted by the Registrar either by his own motion or on the application of l/3rd members of the society concerned. The Registrar has no jurisdiction to orde




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