M. A. ABDUL HAKHIM
Johnson K. – Appellant
Versus
Joint Registrar of Co-operative Societies (G) – Respondent
JUDGMENT :
1. These writ petitions arise from the very same subject matter and hence they are disposed by a common judgment. The parties and documents are referred to as per the description in W.P(C) No.3095/2021 unless otherwise specifically stated.
2. The petitioners 1 to 13 are Managing Committee members, the 14th petitioner is the Secretary, and the petitioners 15 to 18 are the former Managing Committee members of ‘Naruvamoodu Service Cooperative Bank Limited’ (for short ‘the Society'). The petitioners have filed this writ petition challenging Ext.P2 Enquiry Report under S. 65 of the Kerala Cooperative Societies Act,1969 (for short "the Act') and Ext.P17 Surcharge Order under S.68(2) of the Act. They have also sought declarations that no amount can be recovered from them on the basis of Ext.P17 Order without quantification under S.69 of the Act and that S.68(2)of the Act is violative of Article 14, 19(1)(g) and 21 of the Constitution of India as uncanalized power is vested with the administrative authority without any rule or regulation.
3. The facts relevant for this writ petition are: Enquiry under S.65 of the Act is ordered with respect to the affairs of the Society as per Ext.
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