BASANT BALAJI
Athulya P. D/o Prakashan – Appellant
Versus
Joint Registrar of Cooperative Societies (General) – Respondent
JUDGMENT :
BASANT BALAJI, J.
1. W.P. (C) Nos. 16943 of 2023 and 26590 of 2023 are filed by one and the same person. In W.P. (C) No. 16943 of 2023 the petitioner seeks a direction to the 3rd respondent Bank to appoint the petitioner to the vacancies notified as per Ext.P1 on the basis of Ext.P5 rank list and Ext.P7 advice memo. W.P. (C) No. 26590 of 2023 is filed to quash Ext.Nos.P10 and P11 and to direct the 3rd respondent to appoint the petitioner to the vacancies notified in Ext.P1 notification. W.P. (C) No. 38375 of 2023 is also filed to quash Ext.Nos.P10 and P11 and to appoint the petitioner in the vacancy pursuant to Ext.P5 rank list.
2. W.P. (C) No. 26590 of 2023 is taken as a leading case and the brief facts are narrated below:
Joint Registrar of Cooperative Societies vs. Thiruvalla East Cooperative Bank
The main legal principle established in the judgment is that the managing committee, not the administrative committee, has the authority to make appointments in co-operative societies under Rule 182(....
Point of Law : There could be cases where allegations of malpractices, corruption, fraud etc are made in the selection process and the same would require some amount of proper enquiry and a mere summ....
Termination of employment without proper procedure violates natural justice; appointments not void ab initio if made with adherence to rules.
Candidates in Ranked Lists retain rights for appointments post-amalgamation of District Banks, and authorities must act fairly by assessing existing vacancies and complying with statutory recruitment....
The main legal point established in the judgment is that the Registrar, acting on behalf of the State Government, has the power to issue advertisement for filling up posts in Cooperative Banks, and t....
The appointment of an Administrator for a cooperative society cannot extend beyond one year without elections, infringing on statutory governance mandates.
Proceedings for supersession of a committee under Section 32 of the KCS Act do not survive after the expiry of the term of the Managing Committee.
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