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2022 Supreme(Ker) 234

P.B.SURESH KUMAR, P.V.KUNHIKRISHNAN, C.S.SUDHA
Reji K. Joshy, Member, Edamulakkal Service Co-Operative Bank Ltd. – Appellant
Versus
Joint Registrar Of Co-Operative Societies (General), Smt. Seeniya, Junior Inspector – Respondent


Advocates:
Advocate Appeared:
For the Appellant : SRI.GEORGE POONTHOTTAM, SMT. NISHA GEORGE
For the Respondent: SRI.N.MANOJ KUMAR, SRI.N.ANAND

ORDER :

P.B.Suresh Kumar, J. (For himself and on behalf of C.S.Sudha, J.)

These matters have come up before the Full Bench in the light of the order of reference dated 31.05.2021 in W.A.No.1751 of 2020, in terms of which a Division Bench of this Court entertained a doubt as to the correctness of the proposition of law laid down by another Division Bench in State of Kerala v. Aravindakshan Nair, 2010 (3) KLT 11 as regards the interpretation of Rule 66(5) of the Kerala Co-operative Societies Rules, 1969 (the Rules) framed under the Kerala Cooperative Societies Act, 1969 (the Act).

2. As we do not propose to deal with individual cases on their merits, it is unnecessary to refer to the facts of each case. Suffice it to say that the facts necessary to consider the correctness of the proposition of law laid down in Aravindakshan Nair alone need to be stated.

3. Section 65(1) of the Act empowers the Registrar of Co-operative Societies (the Registrar) to hold an inquiry by himself or by a person authorised by him by order in writing, into the constitution, working and financial condition of any society, if he is satisfied that it is necessary to do so. Section 65(6) provides that if the Regis

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