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2009 Supreme(Ker) 1211

ANTONY DOMINIC
Thiruvalla East Co operative Bank Ltd. – Appellant
Versus
Joint Registrar – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:P. Ravindran. (Sr. Advocate)
For the Respondents:M.K. Damodaran (Sr. Advocate) & A.G. Aneetha (Government Pleader)

JUDGMENT :

1. The President of Thiruvalla East Co-operative Bank Ltd., (hereinafter referred to as ‘the Bank’ for short) has filed this Writ Petition praying to quash Ext.P11 order passed by the 1st respondent, in exercise of his powers under S.32 of the Kerala Co-operative Societies Act, 1969 (hereinafter referred to as ‘the Act’ for short).

2. Facts of the case are that election to the Board of Directors of the Bank was held in November 2004 and the Board of Directors, of which the petitioner is the President, assumed office on 06.11.2004. According to the petitioner, soon after they assumed office, the 3rd respondent filed complaint, (produced as Annexure I to I.A.No.12926/07) to the 1st respondent making allegations against the Board of Directors. On the basis of the said complaint, the 1st respondent ordered an enquiry under S.65 of the Act. Accordingly, the 2nd respondent conducted an enquiry and submitted Ext.P4 report, recommending a detailed enquiry under S.65 of the Act. In pursuance to the recommendation in Ext.P4 report, the 1st respondent issued Ext.P1 order, appointing the 2nd respondent to conduct an enquiry under S.65 of the Act.

3. Challenging Ext.P1 order, the Board


























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