K.K.MATHEW
PRESIDENT, COMMON WEALTH CO-OPERATIVE SOCIETY LID. , – Appellant
Versus
JOINT REGISTRAR (GENERAL) OF CO-OPERATIVE SOCIETIES – Respondent
1. The petitioner challenges an order passed by the Joint Registrar of Cooperative Societies under S.51 (1) of the Travancore-Cochin Co-operative Societies Act, 1951 (Act X of 1952), hereinafter referred to as the Act, winding up the co-operative society in question and appointing a liquidator to manage its affairs. The appeal preferred before the Government against the order was dismissed by Ext. P-2 order.
2. The only contention raised by the petitioner is that the society should have been given notice of the proceeding to wind it up and as no such notice was given, the proceeding is bad. S.51 (1) of the Act is as follows:
"If the Registrar, after an enquiry has been held under S.45 or after an inspection has been made under S.46 or on receipt of an application made by three-fourths of the members of a registered society, is of opinion that the society ought to be wound up, he may i;sue an order in writing directing it to be wound up, and when necessary appoint a liquidator for the purpose and fix his remuneration."
It is contended that though the Act does not specifically provide for notice being given to a society, rules of natural justice require such a notice before
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