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