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2021 Supreme(Ker) 501

RAJA VIJAYARAGHAVAN V.
Managing Committee Pala Marketig Co-Operative Society Limited No. 4214, Represented By Its President – Appellant
Versus
State of Kerala Represented By The Secretary To Government, Co-Operative Department, Secretariat, Thiruvananthapuram – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Sri.P.C.Sasidharan Adv.
For the Respondent: Sri.D.Somasundaram T.R.Harikumar Sri.Arjun Raghavan By Adv., Smt Mable C Kurian, GP

JUDGMENT :

1. The Pala Marketing Co-operative Society Ltd No.4214 is a society registered under the provisions of the Co-operative Societies Act and the Rules framed thereunder. An enquiry under Section 65 of the Act was ordered by the Joint Registrar into the constitution, working and financial condition of the society after being satisfied that it was necessary to do so. The Assistant Registrar (Planning) was appointed as the enquiry officer. The said officer conducted an enquiry and submitted Exhibit P2 report before the Registrar. The Registrar on being satisfied that the incidents for invocation of surcharge proceedings under section 68 of the Act was made out from the report, proceeded to pass an order to enquire into the conduct of the persons mentioned in the report and appointed the 3rd respondent with a further direction to conclude the enquiry and submit a report within a period of two months. Being aggrieved by the above order, the petitioner herein, as the President of the managing committee preferred Exhibit P3 appeal before the Government invoking Section 83 of the Co-operative Societies Act. While so on 28.6.2017, the Joint Registrar issued Exhibit P5 order by which

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