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2018 Supreme(Ker) 421

V.CHITAMBARESH, SATHISH NINAN
Nedumon Service Co-Operative Bank Ltd. – Appellant
Versus
Joint Registrar of Co-Operative Societies – Respondent


Advocates Appeared:
For the Petitioner: Sri. P.N. Mohanan
For the Respondent: Sri. K.S. Mohamad Hashim, Special Government Pleader

JUDGMENT :

Chitambaresh, J.

We confirm the judgment in Nedumon Service Cooperative Bank Ltd. v. Joint Registrar of Co-operative Societies and others [2014 KHC 5024] for altogether different reasons as enumerated below.

2. Ext.P3 order of the Joint Registrar rescinding the resolution dated 17.04.2014 of the managing committee deciding to enroll 485 persons as members of the bank was impugned in the writ petition. The same was on the basis of an enquiry conducted under Section 65 of the Kerala Co-operative Societies Act, 1969 ('the Act' for short) by the Assistant Registrar as directed. The enquiry was followed by an inspection under Section 66(2) of the Act and the report therein revealed that there were irregularities in the decision to admit members in the bank. The allegation was that the decision to enroll 485 persons was taken without receiving proper application forms or making due enquiries regarding their eligibility as members. It is a fact conceded that only 255 out of the 485 persons enrolled as members and no explanation was forthcoming about the non enrollment of the remaining. The learned single Judge held that even they were not validly admitted and that the exercise on








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