HIGH COURT OF KERALA
N.NAGARESH, J
N.MOHANAN S/o. NANDAKUMAR – Appellant
Versus
STATE OF KERALA – Respondent
JUDGMENT :
(N. NAGARESH, J.)
W.P.(C) No.21514 of 2021 was filed by a member of the 7th respondent-Paravur Co-operative Bank seeking to direct the 2nd respondent-Registrar of Co- operative Societies to take action on Exts.P11 and P11(a) complaints and to initiate enquiry under Section 65 of the Kerala Co-operative Societies Act to terminate Governing Council members and to appoint an Administrator /Administrative Committee to manage the Bank.
2. W.P.(C) No.24688 of 2023 has been filed by the Managing Committee of the 7th respondent-Bank in W.P.(C) No.21514 of 2021 seeking to quash Ext.P4 order in revision. The Revision Petition was filed by the Managing Committee to the Government, challenging Ext.P2 proceedings whereby an enquiry is ordered under Section 68(1) of the Kerala Co-operative Societies Act, 1969. The Revision Petition stands rejected as not maintainable. The parties to these writ petitions and exhibits are referred to in this judgment as they appear in W.P.(C) No.21514 of 2021 (unless otherwise specified) for clarity.
3. In Exts.P11 and P11(a) complaints filed by the petitioner to the Registrar of Co-operative Societies, the petitioner alleged that there occurred large scale
The court upheld the validity of inquiry proceedings under the Kerala Co-operative Societies Act, confirming that affected parties are entitled to a hearing before any adverse action is taken.
The Joint Registrar must provide all relevant materials to the affected person before proceeding with surcharge under Section 68(2) to uphold principles of natural justice.
The court affirmed that the investigation process under the Kerala Co-operative Societies Act is a complete code, and the remedy of revision is not maintainable until proceedings under Section 68(2) ....
Liability under Section 68(1) of the Kerala Co-operative Societies Act must be fixed individually, not jointly, ensuring compliance with statutory provisions.
Right to challenge inspection findings arises only post-show cause notice under Section 68(2) of the Kerala Co-operative Societies Act, ensuring fairness in proceedings.
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....
Section 68 of the Kerala Co-operative Societies Act allows imposing surcharges on management members for mismanagement, without requiring proof of willfulness, based on statutory obligations.
Proceedings under the Kerala Co-operative Societies Act do not conclude unless further actions are initiated after a show cause notice.
A revision petition under Section 87 of the Kerala Co-operative Societies Act is not maintainable against an enquiry report under Section 65, as such reports do not constitute decisions or orders.
Petitioners must raise their contentions before the competent authority upon issuance of show cause notice under the Kerala Co-operative Societies Act, 1969, as they cannot contest the inquiry report....
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