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2013 Supreme(Ker) 110

S.SIRI JAGAN, BABU MATHEW P.JOSEPH
Sate of Kerala – Appellant
Versus
Board of Directors of Urukunnu Service Co. Op Bank Ltd. Represented by its President M. Daniel – Respondent


Advocates Appeared:
For the Appellants: D. Somasundaram, Government Pleader.
For the Respondents:R1 & R2, S. Subhash Chand, R4, Mrs. V. Ajitha, R5, Mrs. Smitha George, R6, P.S. Sreedharan Pillai, T.K. Sandeep, Arjun Sreedhar, Arun Krishna Dhan, Joseph George, R3, George Poonthottam, S.M. Prasanth, Advocates, K. Ramakumar, Sr. Advocate.

Judgment

Siri Jagan, J.

1. By this Writ Appeal, the State of Kerala, the Registrar of Co-operative Societies, Thiruvananthapuram, the Joint Registrar of Co-operative Societies (General), Kollam and the Assistant Registrar (General), Punalur, who were the respondents 1 to 4 in W.P. (C) No. 13874 of 2012, have come up in appeal against the judgment of a learned single Judge in that writ petition. The writ petition was filed by the first and second respondents herein, who are the Board of Directors of Urukunnu Service Co-operative Bank Ltd. and its president challenging Ext.P7 order passed by the third appellant, under Section 32 of the Kerala Co-operative Societies Act (hereinafter referred to as the 'Act') superseding the Board of Directors of the first respondent bank, on certain allegations contained in Ext.P7 order. According to them, since the reasons stated in Ext.P7 order related to actions of the previous Board of Directors, they are not answerable for the said allegations and no proceedings can be initiated against the present Board of Directors under Section 32 on the basis of those allegations. The appellants herein took the stand that the allegations found against the Board


























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