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2018 Supreme(Ker) 355

V.CHITAMBARESH, SATHISH NINAN
Hameed Kutty M. S. – Appellant
Versus
Joint Registrar of CO-OP. Societies (General), Ernakulam – Respondent


Advocates Appeared:
For the Appellant : Sri. P.N. Mohanan
For the Respondents: Sri. C.P. Sudhakara Prasad, Sri. K.S. Mohamad Hashim, Sri. P.C. Sasidharan, Sri. Thampan Thomas, Sri. K.J. Kuriachan, Sri. Sunil Jacob

JUDGMENT :

Chitambaresh, J.

1. Orders suspending the Board of Co-operative Society for a period of six months issued by the Joint Registrar (General) under Section 32(1) of the Kerala Co-operative Societies Act, 1969 ['the Act' for short] are impugned. The statutory provision is as follows:

“32. Super-session of Committee.- (1) If the Registrar, after an inquiry by himself or through his subordinates or on a report of the financing bank, or the Vigilance and Anticorruption Bureau of the Government or the Vigilance Officer or otherwise, is satisfied that the committee of any society,-

(a) persistently makes default or is negligent in the performance of the duties imposed on it by this Act or the rules or bye-laws or does anything which is prejudicial to the interests of the society; or

(b) wilfully disobeys or fails to comply with any lawful order or direction issued under this Act or the rules; or

(c) makes any payment contrary to this Act or the rules or the bye-laws or causes any loss or damage to the assets of the society, by breach of trust of wilful negligence; or

(d) misappropriates or destroys or tampers with the records or causes the destruction of records to cover up any miscondu
























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