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2012 Supreme(Ker) 796

HARUN-UL-RASHID
Board of Directors of Urukunnu Service Co-Operative Bank Ltd. – Appellant
Versus
State of Kerala – Respondent


Advocate Appeared:
For the Petitioners:S. Subhash Chand, Shindo Varghese, Advocates.
For the Respondents:R1 to R4, Noushad Thottathil, Government Pleader, R6, V. Ajitha, R7, K. Ramakumar (SR.), S.M. Prasanth, Mrs. Smitha George, R8, P.S. Sreedharan Pillai, T.K. Sandeep, Arjun Sreedhar, Arun Krishna Dhan, Joseph George (Mullakkariyil) Advocates.

JUDGMENT

1. Ext.P7 order passed by the 3rd respondent superseding the Managing Committee of the Urukunnu Service Co-operative Bank Ltd., (for short 'the bank') is under challenge in this writ petition. The 1st petitioner is the Board of Directors of the Bank and 2nd petitioner is the President.

2. The writ petition was originally filed seeking to quash Ext.P4 show cause notice issued under Section 32(1) of the Kerala Co-operative Societies Act (for short 'the Act') directing the 1st petitioner to show cause within 7 days of receipt of the same as to why the Board/Committee in office should not be removed or superseded and for a direction directing the 3rd respondent Joint Registrar to refrain from proceeding against the petitioners under Section 32 of the Act pursuant to Ext.P4 notice. During the pendency of the writ petition, petitioners have appeared for personal hearing before one Ravindran Nair, who was the then Joint Registrar, who issued Ext.P4 dated 15.6.2012. Petitioners have submitted Ext.P5 reply to Ext.P4 show cause notice. Ext.P3 is the copy of the detailed reply dated 16.3.2012 submitted by the Board of Directors. It is pointed out in Exts.P3 and P5 that all the charges


























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