DAMA SESHADRI NAIDU
JAYARANI T. , PEON/ATTENDER, ANTHIYOOR SERVICE CO-OPERTIVE BANK LTD. – Appellant
Versus
ASSISTANT REGISTRAR OF CO-OPERATIVE SOCEITES (GENERAL) – Respondent
The issue in these writ petitions concerns the legality of an appointment made by the President of a Society. The appointment is said to have been ratified subsequently by the managing committee. Acting on the complaints of certain persons, the Assistant Registrar interdicted the appointment; the Society implemented his directive. But the employee was not heard before her termination. Thus, the Court is called upon to decide on the propriety of the procedure adopted by the Assistant Registrar and the Society in removing the employee.
2. The petitioner in W.P.(C) No. 38458 of 2015 challenges Exts.P2 and P3, the order of the Assistant Registrar and the resolution of the society respectively, through which the petitioner’s appointment was sought to be cancelled.
3. In W.P. (C) No.2028 of 2016, the petitioner, who is said to be a rival candidate for the post, raises an issue concerning the competence of the President to appoint the petitioner in W.P.(C) No. 38458 of 2015. The appointment is allegedly without a proper sanction from the managing committee in terms of Section 182 of the Co-operative Societies Act (‘the Act’).
4. I reckon both the writ petitions focus on the same is
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