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IN THE HIGH COURT OF KERALA AT ERNAKULAM
MR. JUSTICE HARISANKAR V. MENON, J
Sherin Roy – Appellant
Versus
Joint Registrar Of Co-operative Societies – Respondent
JUDGMENT :
HARISANKAR V. MENON, J.
These writ petitions pertain to the affairs of the Poonjar Service Co-operative Bank Limited, No.3963, Kottayam District. The impugned orders under challenge are the proceedings initiated leading to the supersession of the Managing Committee of the bank, the surcharge proceedings initiated, the dismissal of the Secretary, etc.
2. W.P(C) No.3302 of 2019 is filed by the members of the Co-operative Society, who were elected during the election in December 2013. They contend that an audit was conducted in the Society with no adverse remarks till 2016-17 that without incorporating any defects in the audit reports, a list of certain alleged defects were presented in a separate paper, mainly in relation to grant of loans, recovery, etc., that in response to a complaint filed by the Bank, the Joint Director (Audit) issued Ext.P1 constituting a three-member committee to examine the defect, followed with Ext.P2 communication of the Registrar of Co-operative Societies calling for a detailed report in that regard. They further contend that to defeat the directions as above, Ext.P3 was issued by pre-dating the same ordering an inquiry under the Kerala Co-operativ
The court emphasized the necessity of adhering to statutory procedures in superseding a Managing Committee and dismissing an employee, ruling that failure to do so renders such actions invalid.
Suspension - Powers of Registrar - If Registrar, on completion of inquiry finds that there is major defect in the constitution or working or financial condition of society, he may initiate action in ....
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.
Provisions of sub-s.(2) of S.32 of the Act have been violated. Hence order was liable to be set aside on the second ground mentioned by the learned Single Judge.
The appointment of an Administrator for a cooperative society cannot extend beyond one year without elections, infringing on statutory governance mandates.
Surcharge proceedings under Section 68(2) of the KCS Act require specific findings on individual liability and compliance with statutory requirements. Liability cannot be fixed on deceased persons wi....
The supersession of a Managing Committee under Section 34(1) of the Andhra Pradesh Co-operative Societies Act is valid if based on findings of non-compliance with lawful orders.
Removal of a managing committee under Section 78A of the Maharashtra Cooperative Societies Act requires clear evidence of misconduct and proper procedural compliance.
The main legal point established is that departmental proceedings must adhere to a fair and reasonable procedure, including the establishment's burden to prove charges through evidence and the requir....
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